Mont. Code Ann. § 53-6-1004 — MT Code / Title 53 / Chapter 6 / Part 10 / Section 53-6-1004
53-6-1004 State pharmacy access program
Status: in_force

53-6-1004 . State pharmacy access program. (1) The department shall administer a pharmacy access prescription drug benefit program that contributes to the cost of the premium and, optionally, to the cost of the deductible for the Part D medicare prescription drug benefit as established in Title I of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003.

(2) An individual is eligible for the pharmacy access program if the individual:

(a) has a family income, as adopted by rule, of up to 200% of the federal poverty guidelines set annually by the U.S. department of health and human services and is not eligible for federal low-income assistance under Part D;

(b) submits proof of enrollment in a prescription drug plan for the Part D medicare benefit.

(3) The department shall establish by rule eligibility based upon the applicant's family income within the range provided in subsection (2). The department may adopt rules defining income. In establishing eligibility based upon income, the department shall take into account the amount of funding available for the program.

(4) The department shall set an amount of benefit for the premium and may optionally set a portion of the deductible by rule based on the numbers enrolled and the appropriation.

(5) The department shall open the enrollment of the pharmacy access program at the same time as enrollment commences for the medicare Part D program.

(6) If the department determines that there are excess funds for the pharmacy access program, it may use the funds for the program provided for in 53-6-1002 .
Mont. Code Ann. § 53-6-1318 — MT Code / Title 53 / Chapter 6 / Part 13 / Section 53-6-1318
53-6-1318 Rulemaking authority
Status: in_force

53-6-1318 . Rulemaking authority. (1) The department may adopt rules as necessary to carry out this part.

(2) The department and the department of labor and industry may, in coordination, adopt rules as necessary for the implementation of the employment and reemployment assessments and workforce development activities provided for in Title 39, chapter 12.
Mont. Code Ann. § 53-21-1014 — MT Code / Title 53 / Chapter 21 / Part 10 / Section 53-21-1014
53-21-1014 Certified community behavioral health clinics -- department duties -- reporting requirement
Status: in_force

53-21-1014 . Certified community behavioral health clinics -- department duties -- reporting requirement. (1) Subject to available funding, the department shall establish a program no later than October 1, 2026, for the implementation of certified community behavioral health clinics that meet the requirements of Public Law 113-93 and related federal regulations and guidance.

(2) In determining the reimbursement rate for a certified community behavioral health clinic under the healthy Montana kids plan provided for under Title 53, chapter 4, part 11, and the medical assistance program provided for in Title 53, chapter 6, the department shall:

(a) establish and execute clear criteria of the costs that are allowed and disallowed in the development of the encounter rate to be paid to a certified community behavioral health clinic under a prospective payment system;

(b) establish and execute a detailed plan for analyzing cost reports submitted by providers seeking to become certified community behavioral health clinics to ensure that the encounter rate developed for the provider accurately reflects the actual costs of providing care and that disallowed costs are not included in the rate; and

(c) rebase the rate in accordance with federal guidance, but no less frequently than every 2 years.

(3) The department shall monitor and evaluate certified community behavioral health clinic services, outcomes, and impacts. Monitoring and evaluation efforts include:

(a) developing and implementing a plan to reduce duplicative billing of services, fraud, waste, and abuse;

(b) establishing quality measures for certified community behavioral health clinics and reviewing data on quality measures reported by each certified community behavioral health clinic;

(c) establishing the circumstances under which a certified community behavioral health clinic would lose its certification; and

(d) determining the costs to the medicaid program or other state-funded programs of providing behavioral health care services in a community or region before implementation of the certified community behavioral health clinic program and the costs, including any cost reductions, or providing those services after implementation of the certified community behavioral health clinic program. The costs must include payment for hospitalizations and emergency department visits.

(4) The department shall provide quarterly updates in accordance with 5-11-210 to the children, families, health, and human services interim committee and the health and human services interim budget committee on:

(a) the status of implementation of certified community behavioral health clinics;

(b) the impacts of implementation on services for individuals with behavioral health needs;

(c) patient-centered, quality health outcomes;

(d) the percentage of high users of medicaid services who have reduced use of medicaid-funded services;

(e) the community-level and state-level costs and cost savings related to certified community behavioral health clinics; and

(f) any additional evaluation metrics required by the centers for medicare and medicaid services.
Mont. Code Ann. § 53-7-303 — MT Code / Title 53 / Chapter 7 / Part 3 / Section 53-7-303
53-7-303 Cooperation with federal government
Status: in_force

53-7-303 . Cooperation with federal government. The department shall cooperate, pursuant to agreements with the federal government, in carrying out the purposes of the federal Rehabilitation Act of 1973 (29 U.S.C. 701, et seq.), as may be amended, and may adopt methods of administration required by the federal government for state participation in programs funded under the federal act.
Mont. Code Ann. § 53-19-401 — MT Code / Title 53 / Chapter 19 / Part 4 / Section 53-19-401
53-19-401 Purpose
Status: in_force

53-19-401 . Purpose. The purposes of this part are:

(1) to provide early identification of newborn infants who may be deaf or hard of hearing as soon after birth as possible to enable children, their families, and primary health care providers to obtain any necessary multidisciplinary evaluation, audiologic assessment, treatment, and intervention services at the earliest opportunity and to prevent or mitigate the developmental delays and academic failures associated with late identification; and

(2) to provide the state with the necessary information to effectively plan, establish, and evaluate a comprehensive system of appropriate services for infants and children who are deaf or hard of hearing.
Mont. Code Ann. § 53-4-705 — MT Code / Title 53 / Chapter 4 / Part 7 / Section 53-4-705
53-4-705 Services and activities
Status: in_force

53-4-705 . Services and activities. Under the program provided for in 53-4-703 , the department shall make available a broad range of services and activities to assist recipients of cash assistance as specified by the department by rule.
Mont. Code Ann. § 53-21-189 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-189
53-21-189 Fact of evaluation or treatment not to be used for discrimination
Status: in_force

53-21-189 . Fact of evaluation or treatment not to be used for discrimination. No person who has received evaluation or treatment under any of the provisions of this part may be discriminated against because of that status. For purposes of this section, "discrimination" means giving any unfavorable weight to the fact of hospitalization or outpatient care and treatment unrelated to a person's present capacity to meet standards applicable to all persons.
Mont. Code Ann. § 53-6-170 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-170
53-6-170 Terminated
Status: in_force

53-6-170 . Terminated. Sec. 18, Ch. 577, L. 1999.
Mont. Code Ann. § 53-22-101 — MT Code / Title 53 / Chapter 22 / Part 1 / Section 53-22-101
53-22-101 Enactment of compact
Status: in_force

53-22-101 . Enactment of compact. The Interstate Compact on Mental Health as contained in this section is hereby enacted into law and entered into by this state with all other jurisdictions legally joining therein in the form substantially as follows:

The contracting states solemnly agree that:

Article I

The party states find that the proper and expeditious treatment of the mentally ill and mentally deficient can be facilitated by cooperative action, to the benefit of the patients, their families, and society as a whole. Further, the party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of the mentally ill and mentally deficient under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare.

Article II

As used in this compact:

(1) "sending state" means a party state from which a patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be so sent;

(2) "receiving state" means a party state to which a patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be so sent;

(3) "institution" means any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or mental deficiency;

(4) "patient" means any person subject to or eligible, as determined by the laws of the sending state, for institutionalization or other care, treatment, or supervision pursuant to the provisions of this compact;

(5) "aftercare" means care, treatment, and services provided a patient, as defined herein, on convalescent status or conditional release;

(6) "mental illness" means mental disease to such extent that a person so afflicted requires care and treatment for the person's own welfare, the welfare of others, or of the community;

(7) "mental deficiency" means mental deficiency as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing the person and the person's affairs but shall not include mental illness as defined herein; and

(8) "state" means any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

Article III

(1) Whenever a person physically present in any party state shall be in need of institutionalization by reason of mental illness or mental deficiency, the person shall be eligible for care and treatment in an institution in that state irrespective of the person's residence, settlement, or citizenship qualifications.

(2) The provisions of subsection (1) of this article to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of said patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this subsection shall include the patient's full record with due regard for the location of the patient's family, character of the illness and probable duration thereof, and such other factors as shall be considered appropriate.

(3) No state shall be obliged to receive any patient pursuant to the provisions of subsection (2) of this article unless the sending state gives advance notice of its intention to send the patient, furnishes all available medical and other pertinent records concerning the patient, gives the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if said authorities so wish, and unless the receiving state agrees to accept the patient.

(4) In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this compact shall receive the same priority as a local patient and shall be taken in the same order and at the same time that the patient would be taken if the patient were a local patient.

(5) Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such further transfer of the patient may be made as seems likely to be in the best interest of the patient.

Article IV

(1) Whenever, pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive aftercare or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that aftercare in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such aftercare in said receiving state, and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patient's intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient, and such other documents as may be pertinent.

(2) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby and if the public safety would not be jeopardized thereby, the patient may receive aftercare or supervision in the receiving state.

(3) In supervising, treating, or caring for a patient on aftercare pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care, and treatment that it employs for similar local patients.

Article V

Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escapee in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, the patient shall be detained in the state where found pending disposition in accordance with law.

Article VI

The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact without interference.

Article VII

(1) No person shall be deemed a patient of more than one institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state.

(2) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any two or more party states may, by making a specific arrangement for that purpose, arrange for a different allocation of costs as among themselves.

(3) No provision of this compact shall be construed to alter or affect any internal relationships among the departments, agencies, and officers of and in the government of a party state or between a party state and its subdivisions as to the payment of costs or responsibilities therefor.

(4) Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency, or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this compact.

(5) Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a nonparty state relating to institutionalization, care, or treatment of the mentally ill or mentally deficient or any statutory authority pursuant to which such agreements may be made.

Article VIII

(1) Nothing in this compact shall be construed to abridge, diminish, or in any way impair the rights, duties, and responsibilities of any patient's guardian on the guardian's own behalf or in respect of any patient for whom the guardian may serve, except that, where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court which appointed the previous guardian shall, upon being duly advised of the new appointment and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent shall be appropriate in the circumstances. In the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state shall have the sole discretion to relieve a guardian appointed by it or continue the guardian's power and responsibility, whichever it shall deem advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment.

(2) The term "guardian" as used in subsection (1) of this article shall include any guardian, trustee, legal committee, conservator, or other person or agency however denominated who is charged by law with power to act for or responsibility for the person or property of a patient.

Article IX

(1) No provisions of this compact except Article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or mental deficiency, said person would be subject to incarceration in a penal or correctional institution.

(2) To every extent possible it shall be the policy of states party to this compact that no patient shall be placed or detained in any prison, jail, or lockup, but such patient shall with all expedition be taken to a suitable institutional facility for mental illness or mental deficiency.

Article X

(1) Each party state shall appoint a compact administrator who, on behalf of the administrator's state, shall act as general coordinator of activities under the compact in that state and who shall receive copies of all reports, correspondence, and other documents relating to any patient processed under the compact by that state either in the capacity of a sending or receiving state. The compact administrator or the administrator's duly designated representative shall be the official with whom other party states shall deal in any matter relating to the compact or any patient processed thereunder.

(2) The compact administrators of the respective party states shall have power to promulgate reasonable rules to carry out more effectively the terms and provisions of this compact.

Article XI

The duly constituted administrative authorities of any two or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned find that such agreements will improve services, facilities, or institutional care and treatment in the fields of mental illness or mental deficiency. No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this compact.

Article XII

This compact shall enter into full force and effect as to any state when enacted by it into law, and such state shall thereafter be a party thereto with any and all states legally joining therein.

Article XIII

(1) A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal shall take effect 1 year after notice thereof has been communicated officially and in writing to the governors and compact administrators of all other party states. However, the withdrawal of any state shall not change the status of any patient who has been sent to said state or sent out of said state pursuant to the provisions of the compact.

(2) Withdrawal from any agreement permitted by Article VII(2) as to costs or from any supplementary agreement made pursuant to Article XI shall be in accordance with the terms of such agreement.

Article XIV

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Mont. Code Ann. § 53-30-133 — MT Code / Title 53 / Chapter 30 / Part 1 / Section 53-30-133
53-30-133 Administration of Montana correctional enterprises program
Status: in_force

53-30-133 . Administration of Montana correctional enterprises program. (1) (a) The Montana correctional enterprises program need not be a self-supporting program. All revenue raised through the program may be used only for the program, including the payment of inmate wages.

(b) State agencies, local governments, school districts, authorities, and other local government entities are encouraged to use the Montana correctional enterprises program's products and services. State agencies shall cooperate with the department of corrections in notifying governmental entities within the state of the program and of the services and products that are available.

(2) (a) Any price lists established by the department are exempt from the provisions of Title 2, chapter 4, but the department may, if it considers it an effective method of dissemination, publish the price lists.

(b) The Montana correctional enterprises program is subject to program audits by the legislative auditor.
Mont. Code Ann. § 53-2-1201 — MT Code / Title 53 / Chapter 2 / Part 12 / Section 53-2-1201
53-2-1201 Legislative findings and intent
Status: in_force

53-2-1201 . Legislative findings and intent. (1) The legislature finds and declares that:

(a) many Montanans need access to information and high quality services in order to manage their careers; and

(b) Montana businesses need skilled workers.

(2) It is the intent of the legislature to establish and continually improve a workforce development system that:

(a) streamlines services through better integration in a one-stop delivery system;

(b) empowers individuals to make informed decisions about their careers and career preparation;

(c) provides for universal access;

(d) calls for increased accountability through a series of performance indicators and consumer reports;

(e) focuses on promoting personal responsibility; and

(f) efficiently provides services to guarantee maximum impacts.
Mont. Code Ann. § 53-30-104 — MT Code / Title 53 / Chapter 30 / Part 1 / Section 53-30-104
53-30-104 Punishment of inmates
Status: in_force

53-30-104 . Punishment of inmates. Barbarous punishments may not be prescribed for an inmate of the state prison, and an inmate, as punishment, may not be deprived of the inmate's normal provision of food while being compelled to work the usual number of hours per day.
Mont. Code Ann. § 53-30-702 — MT Code / Title 53 / Chapter 30 / Part 7 / Section 53-30-702
53-30-702 Definitions
Status: in_force

53-30-702 . Definitions. As used in this part, the following definitions apply:

(1) "Administrative segregation" means a nonpunitive housing status for inmates whose continued presence in the general population may pose a serious threat to life, property, self, staff, other inmates, or the facility's security or orderly operation.

(2) "Administrator" means the official, regardless of local title, who is ultimately responsible for the operation and management of a division, facility, or program.

(3) "Department" means the department of corrections provided for in 2-15-2301 .

(4) "Disability" means a physical or mental impairment that substantially limits one or more of a person's major life activities, a person who has a record of such an impairment, or a person who is regarded as having such an impairment.

(5) "Disciplinary detention" means a form of separation from the general population in which an inmate who has committed a serious violation of conduct regulations is confined to an individual cell by a disciplinary committee or other authorized group for short periods of time.

(6) "Facility" means a state prison as defined in 53-30-101 (1), (2), and (4) or a correctional facility pursuant to 52-5-101 .

(7) "Mental disorder" means exhibiting impaired emotional, cognitive, or behavioral functioning that interferes seriously with an individual's ability to function adequately except with supportive treatment or services. The individual also must:

(a) currently have or have had within the past year a diagnosed mental disorder; and

(b) currently exhibit significant signs and symptoms of a mental disorder.

(8) "Postpartum" means the first 6 weeks after delivery.

(9) "Prehearing confinement" means a short-term, nonpunitive housing status that is used to safely and securely control high-risk or at-risk inmates.

(10) "Protective custody" means a form of separation from the general population for an inmate who requests or requires protection from other inmates for reasons of health or safety.

(11) "Qualified mental health professional" includes psychiatrists, psychologists, psychiatric social workers, licensed professional counselors, psychiatric nurses, or others who, by virtue of their education, credentials, and experience, are permitted by law to evaluate and care for the mental health needs of patients.

(12) "Restrictive housing" means a placement that requires an inmate to be confined to a cell for at least 22 hours a day for the safe and secure operation of the facility. The term includes administrative segregation, protective custody, and disciplinary detention if the conditions of confinement require inmates to be confined to a cell for at least 22 hours a day.

(13) (a) "Severe mental illness" means a substantial organic or psychiatric disorder of thought, mood, perception, orientation, or memory that significantly impairs judgment, behavior, or the ability to cope with the basic demands of life.

(b) Intellectual disability, epilepsy, other developmental disabilities, alcohol or substance abuse, or brief periods of intoxication or criminal behavior do not alone constitute severe mental illness. The individual must also:

(i) currently have or have had within the past year a diagnosed mental disorder; and

(ii) currently exhibit significant signs and symptoms of a mental disorder.

(14) "Step-down program" means an individualized program that includes a system of review and establishes criteria to prepare an inmate for transition to the general population or the community and that involves a coordinated, multidisciplinary team approach that includes mental health, case management, and security practitioners.

(15) "Temporary confinement" has the same meaning as "prehearing confinement" as defined in this section.
Mont. Code Ann. § 53-7-109 — MT Code / Title 53 / Chapter 7 / Part 1 / Section 53-7-109
53-7-109 Administration of vocational rehabilitation programs -- applicability
Status: in_force

53-7-109 . Administration of vocational rehabilitation programs -- applicability. (1) Those divisions of the department that have programs for the provision of vocational rehabilitation services may share administrative personnel, operations, and policies in order to ensure uniform administration necessary under the federal Rehabilitation Act of 1973, 29 U.S.C. 701, et seq., as may be amended.

(2) This section applies to all programs and services in Title 53, chapter 7, administered by the department with funds provided under the federal Rehabilitation Act of 1973, 29 U.S.C. 701, et seq., as may be amended.
Mont. Code Ann. § 53-4-211 — MT Code / Title 53 / Chapter 4 / Part 2 / Section 53-4-211
53-4-211 Administration of programs funded under temporary assistance for needy families block grant
Status: in_force

53-4-211 . Administration of programs funded under temporary assistance for needy families block grant. (1) The department is authorized and is charged with the general administration and supervision of programs funded under the temporary assistance for needy families block grant under the powers, duties, and functions as prescribed in chapter 2 of this title.

(2) The state of Montana shall maintain a fiscal effort equivalent to at least 75% of its historic state expenditures, as defined in 42 U.S.C. 609(a)(7)(B)(iii), governing maintenance of effort necessary to draw down the temporary assistance to needy families block grant.
Mont. Code Ann. § 53-6-188 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-188
53-6-188 Coordination of lien with other medical assistance recoveries
Status: in_force

53-6-188 . Coordination of lien with other medical assistance recoveries. The existence of a valid lien imposed under 53-6-171 through 53-6-188 or the fact that a lien under 53-6-171 through 53-6-188 is invalid for any reason or is unenforceable under 53-6-180 does not preclude the department from recovering under 53-6-167 , 53-6-168 , or 53-6-169 .
Mont. Code Ann. § 53-21-1001 — MT Code / Title 53 / Chapter 21 / Part 10 / Section 53-21-1001
53-21-1001 Definitions
Status: in_force

53-21-1001 . Definitions. As used in this part, the following definitions apply:

(1) "Community mental health center" means a licensed mental health center that provides comprehensive public mental health services in a multicounty region under contract with the department, counties, or one or more service area authorities.

(2) "Licensed mental health center" means an entity licensed by the department of public health and human services to provide mental health services and has the same meaning as mental health center as defined in 50-5-101 .

(3) "Service area" means a region of the state as defined by the department by rule within which mental health services are administered.

(4) "Service area authority" means an entity, as provided for in 53-21-1006 , that has incorporated to collaborate with the department for the planning and oversight of mental health services within a service area.
Mont. Code Ann. § 53-21-161 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-161
53-21-161 Qualifications of professional persons
Status: in_force

53-21-161 . Qualifications of professional persons. In every mental health facility to which a person is admitted pursuant to this part:

(1) each professional person and other staff member employed by the facility shall meet all certification requirements promulgated by the department;

(2) all nonprofessional staff members who have not had prior clinical experience in a mental institution shall have substantial orientation training;

(3) staff members on all levels shall have regularly scheduled inservice training;

(4) each nonprofessional staff member shall be under the direct supervision of a professional person.
Mont. Code Ann. § 53-4-706 — MT Code / Title 53 / Chapter 4 / Part 7 / Section 53-4-706
53-4-706 Participation requirements
Status: in_force

53-4-706 . Participation requirements. (1) Except as otherwise provided in this section, the department may require individuals to participate in an employment and training program as a condition of their eligibility for cash assistance.

(2) To the extent that the program is available and that state resources permit, the department shall require recipients of cash assistance to participate in the program if the department determines that it is an appropriate activity for the recipient and includes participation as a condition of the recipient's individual responsibility plan.
Mont. Code Ann. § 53-21-1010 — MT Code / Title 53 / Chapter 21 / Part 10 / Section 53-21-1010
53-21-1010 County commissioners -- community mental health centers -- licensed mental health centers
Status: in_force

53-21-1010 . County commissioners -- community mental health centers -- licensed mental health centers. (1) The county commissioners in each of the counties in the region or service area that are designated as participating counties pursuant to subsection (4) may appoint, upon request, a person from their respective county to serve as a representative of the county on a community mental health center board or other licensed mental health center board.

(2) A community mental health center board or other licensed mental health center board may establish a recommended proportionate level of financial participation for each of the counties within the region for the provision of mental health services within the limits of financial participation authorized by this section.

(3) Prior to June 10 of each year, the board of a community mental health center or other licensed mental health center may submit an annual budget to the board of county commissioners of each of the counties within their mental health region or service area, specifying each county's recommended proportionate share.

(4) If a board of county commissioners includes in the county budget the county's proportionate share of the community mental health center or other licensed mental health center board's budget, the county must be designated as a participating county. Funds for each participating county's proportionate share for the operation of mental health services within the region must be derived from the county's general fund. Subject to 15-10-420 , if the general fund is insufficient to meet the approved budget, a levy may be made on the taxable valuation of the county.

(5) Each board of county commissioners, after determining the amount of county general fund money to be used for mental health services, may contract with a community mental health center or another licensed mental health center or provider for mental health services in the county.
Mont. Code Ann. § 53-21-124 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-124
53-21-124 Detention of respondent pending hearing or trial -- jail prohibited
Status: in_force

53-21-124 . Detention of respondent pending hearing or trial -- jail prohibited. (1) The court may not order detention of a respondent pending the hearing unless requested by the county attorney and upon the existence of probable cause for detention. Counsel must be orally notified immediately. Counsel for the respondent may then request a detention hearing, which must be held immediately.

(2) In the event of detention, the respondent must be detained in the least restrictive setting necessary to ensure the respondent's presence and ensure the safety of the respondent and of others as provided in 53-21-120 .

(3) If the respondent is detained, the respondent has the right to be examined additionally by a professional person of the respondent's choice, which may not depend on the respondent's ability to pay, and the respondent must be informed of this right. Unless objection is made by counsel for the respondent, the respondent must continue to be evaluated and treated by the professional person pending the hearing.

(4) A respondent may not be detained in a jail or other correctional facility pending a hearing or trial to determine whether the respondent should be committed to a mental health facility.
Mont. Code Ann. § 53-25-111 — MT Code / Title 53 / Chapter 25 / Part 1 / Section 53-25-111
53-25-111 Changes in designated beneficiary
Status: in_force

53-25-111 . Changes in designated beneficiary. (1) A designated beneficiary or agent may change the designated beneficiary of an account to an individual who is a member of the family of the former designated beneficiary in accordance with procedures established by the department.

(2) If requested by a designated beneficiary or agent, all or a portion of an account may be transferred through a rollover distribution to another account for which the designated beneficiary is a member of the family of the designated beneficiary of the transferee account.

(3) Changes in designated beneficiaries and rollover distributions under this section are not permitted if the changes or rollover distributions would violate:

(a) the excess contributions provisions adopted by the department; or

(b) the investment choice provisions of 53-25-112 .
Mont. Code Ann. § 53-21-198 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-198
53-21-198 Extension of conditions of release -- hearing
Status: in_force

53-21-198 . Extension of conditions of release -- hearing. (1) (a) Subject to the provisions of subsection (1)(b), conditions of release may be extended by the district court beyond the expiration date of the order committing the patient under 53-21-127 or 53-21-128 , but in no case for longer than 2 years beyond that date, upon a showing by clear and convincing evidence that:

(i) continuation of the conditions of release is necessary to prevent the deterioration of the patient's mental disorder; and

(ii) the deterioration will predictably result in the necessity of further inpatient care for the patient. Predictability may be established by the patient's medical history.

(b) The 2-year limit beyond the expiration date of a commitment order under 53-21-127 does not apply to a patient who was diverted from the Montana state hospital or the Montana mental health nursing care center to a category D assisted living facility, subject to completion of the evaluation required under subsection (2).

(2) Not less than 2 calendar weeks prior to the end of the period of detention ordered under 53-21-127 or 53-21-128 or the period of extension ordered under subsection (5) of this section, the professional person responsible for the patient's case may petition the court for extension of the conditions of release. The petition must be accompanied by a written report and evaluation of the patient's mental and physical condition. The report must describe any tests and evaluation devices that have been employed in evaluating the patient, the course of treatment that has been undertaken for the patient, and the future course of treatment anticipated by the professional person.

(3) Upon the filing of the petition, the court shall give written notice of the filing of the petition to the patient, the patient's next of kin, if reasonably available, the friend of respondent appointed by the court, if any, and the patient's counsel. If any person notified requests a hearing prior to the end of the period of detention ordered under 53-21-127 or 53-21-128 , the court shall immediately set a time and place for a hearing on a date not more than 10 days from the receipt of the request and notify the same people, including the professional person in charge of the patient. If a hearing is not requested, the court shall enter an order extending the conditions of release for a period not to exceed 6 months.

(4) Procedure on the petition for extension is the same in all respects as the procedure for hearing on a rehospitalization petition pursuant to 53-21-197 . However, in an extension proceeding, the finding required is that set forth in subsection (1) of this section. The hearing must be held in the district court for the county in which the patient is residing. Court costs and witness fees, if any, must be paid by the county that paid the same costs in the initial commitment proceeding.

(5) If upon the hearing the court finds that the showing required by subsection (1) has not been made, the conditions of release may not be extended, except as provided in subsection (1)(b). If the court finds that the required showing has been made, the court may extend the conditions of release as recommended by the professional person. In its order, the court shall describe what alternatives for treatment of the patient are available, what alternatives were investigated, and why the investigated alternatives were not considered suitable. The court may not order continuation of an alternative that does not include a comprehensive, individualized plan of treatment for the patient, as required by 53-21-162 . A court order for the continuation of an alternative must include a specific finding that a comprehensive, individualized plan of treatment exists.

(6) Further extensions may be obtained under the same procedure described in this section. However, the patient's custody may not be affected for more than 1 year without a renewal of the extension under the procedures set forth in this section, including a hearing and a statement of the findings required by subsection (5). Extensions under this subsection may not extend the 2-year extension limitation provided in subsection (1), subject to the exception in subsection (1)(b).
Mont. Code Ann. § 53-25-122 — MT Code / Title 53 / Chapter 25 / Part 1 / Section 53-25-122
53-25-122 Exemption from claims of creditors
Status: in_force

53-25-122 . Exemption from claims of creditors. (1) Except as provided in subsection (3) and 26 U.S.C. 529A, up to $100,000 of assets and earnings held in and distributions from the trust by or on behalf of a contributor or designated beneficiary of a participating trust agreement are exempt from all claims of creditors of the contributor or designated beneficiary.

(2) Subsection (1) applies to assets and earnings held in and distributions from a qualified program established as provided in section 529A of the Internal Revenue Code, 26 U.S.C. 529A, and maintained by another state if the contributor or designated beneficiary is a Montana resident.

(3) Assets, earnings, and distributions are not protected from claims if the contribution violates the Uniform Fraudulent Transfer Act provided for in Title 31, chapter 2, part 3, or 11 U.S.C. 548.
Mont. Code Ann. § 53-21-1322 — MT Code / Title 53 / Chapter 21 / Part 13 / Section 53-21-1322
53-21-1322 Authorization for admission to inpatient treatment -- effect of directive
Status: in_force

53-21-1322 . Authorization for admission to inpatient treatment -- effect of directive. (1) A principal whose directive is irrevocable during a period of incapacity and who has provided consent to inpatient treatment in the directive or authorized an agent to consent to inpatient treatment may be admitted to inpatient mental health treatment if:

(a) a physician or psychiatric advanced practice registered nurse performs an evaluation of the principal, including consideration of history, diagnosis, and treatment needs, and makes a written determination that the principal needs further inpatient evaluation or treatment that cannot be provided in a less restrictive setting; and

(b) the agent, if any, provides written consent.

(2) The directive may provide limited consent to inpatient treatment, including limitations upon the length of time for each period of hospitalization and limitations on the facility or facilities to which the principal consents to be admitted.
Mont. Code Ann. § 53-20-133 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-133
53-20-133 Residential facility screening team -- referral by court -- membership -- rules
Status: in_force

53-20-133 . Residential facility screening team -- referral by court -- membership -- rules. (1) When the district court receives a petition for commitment to a residential facility or for imposition of a community treatment plan under this part, the court, prior to proceeding, shall refer the respondent to the residential facility screening team for screening to determine whether commitment to a residential facility or imposition of a community treatment plan is appropriate for the respondent.

(2) A court may not commit a respondent to a residential facility or impose a community treatment plan under 53-20-125 , 53-20-128 , or 53-20-129 unless the residential facility screening team determines that commitment to a residential facility or imposition of a community treatment plan is appropriate for the respondent.

(3) The residential facility screening team may not determine that commitment to a residential facility or imposition of a community treatment plan is appropriate on an extended basis unless the residential facility screening team determines that the respondent is seriously developmentally disabled.

(4) The residential facility screening team may not recommend imposition of a community treatment plan unless it finds that the proposed plan:

(a) provides adequate assurances of safety from the consequences of the behaviors of the respondent for both the respondent and the community;

(b) provides effective habilitation services for the respondent's developmental disability;

(c) is funded from public or private sources that are identified, committed, and available to pay for all of the proposed services to the respondent; and

(d) ensures services from identified, qualified providers that are committed and available to provide all of the proposed services to the respondent.

(5) For purposes of this part, the department of public health and human services shall adopt rules providing for the membership and terms of the members of the residential facility screening team and setting forth the criteria and procedures to govern the determinations made by the residential facility screening team.
Mont. Code Ann. § 53-6-402 — MT Code / Title 53 / Chapter 6 / Part 4 / Section 53-6-402
53-6-402 Medicaid-funded home and community-based services -- waivers -- funding limitations -- populations -- services -- providers -- long-term care preadmission screening -- powers and duties of department -- rulemaking authority
Status: in_force

53-6-402 . Medicaid-funded home and community-based services -- waivers -- funding limitations -- populations -- services -- providers -- long-term care preadmission screening -- powers and duties of department -- rulemaking authority. (1) The department may obtain waivers of federal medicaid law in accordance with section 1915 of Title XIX of the Social Security Act, 42 U.S.C. 1396n, and administer programs of home and community-based services funded with medicaid money for categories of persons with disabilities or persons who are elderly.

(2) The department may seek and obtain any necessary authorization provided under federal law to implement home and community-based services for seriously emotionally disturbed children pursuant to a waiver of federal law as permitted by section 1915 of Title XIX of the Social Security Act, 42 U.S.C. 1396n(c). The home and community-based services system shall strive to incorporate the following components:

(a) flexibility in design of the system to attempt to meet individual needs;

(b) local involvement in development and administration;

(c) encouragement of culturally sensitive and appropriately trained mental health providers;

(d) accountability of recipients and providers; and

(e) development of a system consistent with the state policy as provided in 52-2-301 .

(3) The department may, subject to the terms and conditions of a federal waiver of law, administer programs of home and community-based services to serve persons with disabilities or persons who are elderly who meet the level of care requirements for one of the categories of long-term care services that may be funded with medicaid money. Persons with disabilities include persons with physical disabilities, chronic mental illness, developmental disabilities, brain injury, or other characteristics and needs recognized as appropriate populations by the U.S. department of health and human services. Programs may serve combinations of populations and subsets of populations that are appropriate subjects for a particular program of services.

(4) The provision of services to a specific population through a home and community-based services program must be less costly in total medicaid funding than serving that population through the categories of long-term care facility services that the specific population would be eligible to receive otherwise.

(5) The department may initiate and operate a home and community-based services program to more efficiently apply available state general fund money, other available state and local public and private money, and federal money to the development and maintenance of medicaid-funded programs of health care and related services and to structure those programs for more efficient and effective delivery to specific populations.

(6) (a) The department, in establishing programs of home and community-based services, shall administer the expenditures for each program within the available state spending authority that may be applied to that program. In establishing covered services for a home and community-based services program, the department shall establish those services in a manner to ensure that the resulting expenditures remain within the available funding for that program.

(b) To the extent permitted under federal law, the department may adopt financial participation requirements for enrollees in a home and community-based services program to foster appropriate utilization of services among enrollees and to maintain fiscal accountability of the program. The department may adopt financial participation requirements that may include but are not limited to:

(i) copayments;

(ii) payment of monthly or yearly enrollment fees; or

(iii) deductibles.

(c) The financial participation requirements adopted by the department may vary among the various home and community-based services programs.

(d) The department, as necessary, may further limit enrollment in programs, reduce the per capita expenditures available to enrollees, and modify and reduce the types and amounts of services available through a home and community-based services program when the department determines that expenditures for a program are reasonably expected to exceed the available spending authority.

(7) The department may consider the following populations or subsets of populations for home and community-based services programs:

(a) persons with developmental disabilities who need, on an ongoing or frequent basis, habilitative and other specialized and supportive developmental disabilities services to meet their needs of daily living and to maintain the persons in community-integrated residential and day or work situations;

(b) persons with developmental disabilities who are 18 years of age and older and who are in need of habilitative and other specialized and supportive developmental disabilities services necessary to maintain the persons in personal residential situations and in integrated work opportunities;

(c) persons 18 years of age and older with developmental disabilities and chronic mental illness who are in need of mental health services in addition to habilitative and other developmental disabilities services necessary to meet their needs of daily living, to treat their mental illness, and to maintain the persons in community-integrated residential and day or work situations;

(d) children under 21 years of age who are seriously emotionally disturbed and in need of mental health and other specialized and supportive services to treat their mental illness and to maintain the children with their families or in other community-integrated residential situations;

(e) persons 18 years of age and older with brain injuries who are in need, on an ongoing or frequent basis, of habilitative and other specialized and supportive services to meet their needs of daily living and to maintain the persons in personal or other community-integrated residential situations;

(f) persons 18 years of age and older with physical disabilities who are in need, on an ongoing or frequent basis, of specialized health services and personal assistance and other supportive services necessary to meet their needs of daily living and to maintain the persons in personal or other community-integrated residential situations;

(g) persons with human immunodeficiency virus (HIV) infection who are in need of specialized health services and intensive pharmaceutical therapeutic regimens for abatement and control of the HIV infection and related symptoms in order to maintain the persons in personal residential situations;

(h) persons with chronic mental illness who suffer from serious chemical dependency and who are in need of intensive mental health and chemical dependency services to maintain the persons in personal or other community-integrated residential situations;

(i) persons 65 years of age and older who are in need, on an ongoing or frequent basis, of health services, personal assistance, and other supportive services necessary to meet their needs of daily living and to maintain the persons in personal or other community-integrated residential situations; or

(j) persons 18 years of age and older with chronic mental illness who are in need, on an ongoing or frequent basis, of specialized health services and other supportive services necessary to meet their needs of daily living and to maintain the persons in personal or other community-integrated residential situations.

(8) For each authorized program of home and community-based services, the department shall set limits on overall expenditures and enrollment and limit expenditures as necessary to conform with the requirements of section 1915 of Title XIX of the Social Security Act, 42 U.S.C. 1396n, and the conditions placed upon approval of a program authorized through a waiver of federal law by the U.S. department of health and human services.

(9) A home and community-based services program may include any of the following categories of services as determined by the department to be appropriate for the population or populations to be served and as approved by the U.S. department of health and human services:

(a) case management services;

(b) homemaker services;

(c) home health aide services;

(d) services provided by a licensed pediatric complex care assistant as authorized under Title 37, chapter 2, part 6;

(e) personal care services;

(f) adult day health services;

(g) habilitation services;

(h) respite care services; and

(i) other cost-effective services appropriate for maintaining the health and well-being of persons and to avoid institutionalization of persons.

(10) Subject to the approval of the U.S. department of health and human services, the department may establish appropriate programs of home and community-based services under this section in conjunction with programs that have limited pools of providers or with managed care arrangements, as implemented through 53-6-116 and as authorized under section 1915 of Title XIX of the Social Security Act, 42 U.S.C. 1396n, or in conjunction with a health insurance flexibility and accountability demonstration initiative or other demonstration project as authorized under section 1115 of Title XI of the Social Security Act, 42 U.S.C. 1315.

(11) (a) The department may conduct long-term care preadmission screenings in accordance with section 1919 of Title XIX of the Social Security Act, 42 U.S.C. 1396r.

(b) Long-term care preadmission screenings are required for all persons seeking admission to a long-term care facility.

(c) A person determined through a long-term care preadmission screening to have an intellectual disability or a mental illness may not reside in a long-term care facility unless the person meets the long-term care level-of-care determination applicable to the type of facility and is determined to have a primary need for the care provided through the facility.

(d) The long-term care preadmission screenings must include a determination of whether the person needs specialized intellectual disability or mental health treatment while residing in the facility.

(12) The department may adopt rules necessary to implement the long-term care preadmission screening process as required by section 1919 of Title XIX of the Social Security Act, 42 U.S.C. 1396r. The rules must provide criteria, procedures, schedules, delegations of responsibilities, and other requirements necessary to implement long-term care preadmission screenings.

(13) (a) The department shall adopt rules necessary for the implementation of each program of home and community-based services, including rules for substantive changes to approved waiver provisions as required under 53-6-413 . The rules may include but are not limited to the following:

(i) the populations or subsets of populations, as provided in subsection (7), to be served in each program;

(ii) limits on enrollment;

(iii) limits on per capita expenditures;

(iv) requirements and limitations for service costs and expenditures;

(v) eligibility categories criteria, requirements, and related measures;

(vi) designation and description of the types and features of the particular services provided for under subsection (9);

(vii) provider requirements and reimbursement;

(viii) financial participation requirements for enrollees as provided in subsection (6);

(ix) utilization measures;

(x) measures to ensure the appropriateness and quality of services to be delivered; and

(xi) other appropriate provisions necessary to the administration of the program and the delivery of services in accordance with 42 U.S.C. 1396n and any conditions placed upon approval of a program by the U.S. department of health and human services.

(b) Unless required by federal law or regulation, the department may not adopt rules that exclude a child from home and community-based services or require prior authorization for a child to access home and community-based services if the child would be eligible for or able to access the home and community-based services without prior authorization if the child was not in foster care.

(c) Reimbursement rates for pediatric complex care assistants licensed pursuant to 37-2-603 must reflect the special skills needed to meet the health care needs of the individuals receiving the services and must be comparable to the reimbursement rate for home health aide services.

(14) The department shall establish by rule the procedures for moving a person from a waiting list for services provided through a medicaid home and community-based services waiver into the waiver services, including the process and priorities to be used in making determinations related to the waiting list. The department may not modify the policies established in rule by adopting supplemental policies or procedures not subject to the administrative rulemaking process.

(15) The department shall adopt rules for the provision of the fraud prevention training required under 53-6-405 , including but not limited to establishing the elements that must be contained in fraud prevention education materials and the models that may be used for the training. (Subsections (9)(d) and (13)(c) terminate June 30, 2031--sec. 10, Ch. 628, L. 2023.)
Mont. Code Ann. § 53-30-311 — MT Code / Title 53 / Chapter 30 / Part 3 / Section 53-30-311
53-30-311 Community corrections facilities and programs operated by units of local government
Status: in_force

53-30-311 . Community corrections facilities and programs operated by units of local government. (1) A unit of local government may establish, maintain, and operate any community corrections facilities and programs that it considers necessary to serve its own needs or the needs of offenders who are sentenced to the facility or program by a judge as provided in 53-30-321 .

(2) A unit of local government may enter into a contract or agreement with the department for the purpose of providing community corrections facilities and programs for offenders.
Mont. Code Ann. § 53-20-144 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-144
53-20-144 Rights concerning photographs
Status: in_force

53-20-144 . Rights concerning photographs. (1) A person admitted to a residential facility may be photographed upon admission for identification, medical, habilitative, and administrative purposes of the facility. Such photographs shall be confidential and shall not be released by the facility except pursuant to court order.

(2) No other nonmedical or nonhabilitative photographs shall be taken or used without consent of the resident's parents or guardian or the responsible person appointed by the court.
Mont. Code Ann. § 53-30-131 — MT Code / Title 53 / Chapter 30 / Part 1 / Section 53-30-131
53-30-131 Montana correctional enterprises prison industries training program -- purpose and scope
Status: in_force

53-30-131 . Montana correctional enterprises prison industries training program -- purpose and scope. (1) There is a Montana correctional enterprises program within the department of corrections to operate a prison industries training program. The Montana correctional enterprises program shall:

(a) prepare inmates for release by providing vocational education training and work programs at facilities owned, operated, and contracted with by the department; and

(b) provide inmates the opportunity to earn money to pay restitution, fines, and fees, to pay for hygiene and commissary items, and to save for their eventual release from incarceration.

(2) The prison industries training program consists of educational programming, vocational education, on-the-job training, and production experience. The Montana correctional enterprises program may contract with public and private educational entities to provide this training.

(3) The Montana correctional enterprises program may:

(a) provide training and experience within the prison system in:

(i) cultivation, production, processing, manufacture, repair, construction, refurbishment, service, and related processes involving personal property, including but not limited to such items as crops, milk and milk products, wood products, livestock, furniture, and office and electrical equipment;

(ii) animal training and boarding;

(iii) vehicle and equipment maintenance and repair;

(iv) wildland fire suppression; and

(v) approved community work programs for governmental entities and not-for-profit organizations;

(b) provide for the repair and maintenance of property and equipment of institutions or facilities by inmates;

(c) provide for construction projects, up to the aggregate sum of $600,000 for each project, performed by inmates. Construction projects described in this subsection (3)(c) may only be constructed on the grounds of the Montana state prison. The department of administration may:

(i) exempt projects authorized by this subsection (3)(c) from the provisions of Title 18, chapter 2, relating to construction, public bidding, bonding, or contracts; and

(ii) exempt inmates who provide labor for those projects from the labor and wage requirements of Title 18, chapter 2, part 4.

(d) provide for the manufacture by prison industries of highway, road, and general information signs for the use of the state or any of its political subdivisions, except when the manufacture of the signs is in violation of a collective bargaining contract;

(e) provide for the manufacture of motor vehicle license plates and other related articles; and

(f) provide vocational programs that support private market demand.

(4) The Montana correctional enterprises program may provide its products and services to government agencies, school districts, and nonprofit and for-profit organizations. Furniture, print, and sign shop products may be sold to the general public.

(5) Except as provided in subsection (6), furniture made in the prison may be purchased by state agencies in accordance with the procurement provisions under Title 18, chapter 4.

(6) Any state institution, facility, or program operated by the department of corrections may purchase prison-made goods without complying with the procurement provisions under Title 18, chapter 4.

(7) The Montana correctional enterprises program may donate surplus food grown or produced at the prison to local food banks, nonprofit organizations, and low-income persons.

(8) The Montana correctional enterprises program is authorized to sell livestock on the open market.
Mont. Code Ann. § 53-6-1309 — MT Code / Title 53 / Chapter 6 / Part 13 / Section 53-6-1309
53-6-1309 Community engagement -- reporting -- suspension -- audit
Status: in_force

53-6-1309 . Community engagement -- reporting -- suspension -- audit. (1) The department shall adopt rules establishing:

(a) requirements for reporting community engagement requirements;

(b) requirements for obtaining an exemption from the community engagement requirements as allowed under 53-6-1308 ; and

(c) a program to audit information provided by program participants to the department to ensure compliance with the requirements of 53-6-1308 .

(2) The department shall notify a program participant who is not in compliance with the community engagement requirements that:

(a) the participant has 180 days to come into compliance; and

(b) failure to comply within the 180-day period will be considered a voluntary suspension from the program unless the participant attests and the department confirms that the participant is exempt from the community engagement requirements as allowed under 53-6-1308 .

(3) A participant who is suspended from the program for noncompliance may be reinstated 180 days after the date of suspension or upon a determination by the department that the program participant:

(a) is exempt from the community engagement requirements; or

(b) has been in compliance with the requirements for 30 days. A participant reinstated pursuant to this subsection (3)(b) must remain under heightened monitoring by the department during the remainder of the suspension period.

(4) (a) If suspensions for noncompliance with community engagement requirements reach a level exceeding 5% of program participants, the department shall notify the legislative audit committee. Upon consideration of recommendations by the legislative auditor, the legislative audit committee shall select an independent third-party auditor to conduct an audit of the participants who were subject to suspension using statistically valid methods.

(b) (i) The audit must be completed within 90 days and the report made available to the legislative audit committee.

(ii) If the audit is not completed within 90 days, the department shall immediately cease suspensions until the audit is complete and the legislative audit committee has received the audit report.

(c) If the audit finds that more than 10% of the participants in the audit sample were suspended erroneously, the department shall cease further suspensions until the conclusion of the next general legislative session.

(d) If the audit finds that 10% or fewer of the participants in the audit sample were suspended erroneously, the department shall continue to suspend the enrollment of program participants who fail to meet the community engagement requirements.

(e) The cost of any audit under this section performed at the direction of the legislative audit committee must be paid by the department.
Mont. Code Ann. § 53-20-116 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-116
53-20-116 Residential facility screening team member -- testimony at hearing
Status: in_force

53-20-116 . Residential facility screening team member -- testimony at hearing. In a hearing held pursuant to this part, a member of the residential facility screening team may be required to testify with regard to a determination made by the residential facility screening team.
Mont. Code Ann. § 53-4-611 — MT Code / Title 53 / Chapter 4 / Part 6 / Section 53-4-611
53-4-611 Child-care assistance
Status: in_force

53-4-611 . Child-care assistance. Within available funding, the department may provide child-care assistance to:

(1) all families receiving cash assistance if child care is necessary to allow the parent to engage in paid employment; and

(2) families receiving cash assistance if child care is necessary to allow either or both parents to engage in the activities required by an individual responsibility plan.
Mont. Code Ann. § 53-6-155 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-155
53-6-155 Definitions
Status: in_force

53-6-155 . Definitions. As used in this part, unless expressly provided otherwise, the following definitions apply:

(1) "Abuse" means conduct by an applicant, recipient, provider, or other person involving disregard of and an unreasonable failure to conform with the statutes, regulations, and rules governing the medical assistance program when the disregard or failure results or may result in an incorrect determination that a person is eligible for medical assistance or payment by a medicaid agency of medical assistance payments to which the provider is not entitled.

(2) "Applicant" means a person:

(a) who has submitted an application for determination of medicaid eligibility to a medicaid agency on the person's own behalf or on behalf of another person; or

(b) on whose behalf an application has been submitted.

(3) "Benefit" means the provision of anything of pecuniary value to or on behalf of a recipient under the medicaid program.

(4) "Claim" means a communication, whether in oral, written, electronic, magnetic, or other form, that is used to claim specific services or items as payable or reimbursable under the medicaid program or that states income, expense, or other information that is or may be used to determine entitlement to or the rate of payment under the medicaid program. The term includes any documents submitted as part of or in support of the claim.

(5) "Department" means the department of public health and human services provided for in 2-15-2201 .

(6) "Document" means any application, claim, form, report, record, writing, or correspondence, whether in written, electronic, magnetic, or other form.

(7) "Fraud" means any conduct or activity prohibited by statute, regulation, or rule involving purposeful or knowing conduct or omission to perform a duty that results in or may result in medicaid payments or benefits to which the applicant, recipient, or provider is not entitled. Fraud includes but is not limited to any conduct or omission under the medicaid program that would constitute a criminal offense under Title 45, chapter 6 or 7.

(8) "Medicaid" means the Montana medical assistance program established under Title 53, chapter 6.

(9) "Medicaid agency" means any agency or entity of state, county, or local government that administers any part of the medicaid program, whether under direct statutory authority or under contract with an authorized agency of the state or federal government. The term includes but is not limited to the department, the department of corrections, local offices of public assistance, and other local and state agencies and their agents, contractors, and employees, when acting with respect to medicaid eligibility, claims processing or payment, utilization review, case management, provider certification, investigation, or other administration of the medicaid program.

(10) "Misappropriation of patient property" means exploitation, deliberate misplacement, or wrongful use or taking of a patient's property, whether temporary or permanent, without authorization by the patient or the patient's designated representative. Misappropriation of patient property includes but is not limited to any conduct with respect to a patient's property that would constitute a criminal offense under Title 45, chapter 6, part 3.

(11) "Patient abuse" means the willful infliction of physical or mental injury of a patient or unreasonable confinement, intimidation, or punishment that results in pain, physical or mental harm, or mental anguish of a patient. Patient abuse includes but is not limited to any conduct with respect to a patient that would constitute a criminal offense under Title 45, chapter 5.

(12) "Patient neglect" means a failure, through inattentiveness, carelessness, or other omission, to provide to a patient goods and services necessary to avoid physical harm, mental anguish, or mental illness when an omission is not caused by factors beyond the person's control or by good faith errors in judgment. Patient neglect includes but is not limited to any conduct with respect to a patient that would constitute a criminal offense under 45-5-208 .

(13) "Provider" means an individual, company, partnership, corporation, institution, facility, or other entity or business association that has enrolled or applied to enroll as a provider of services or items under the medical assistance program established under this part.

(14) (a) "Originating site provider" means an enrolled provider who is operating a secure connection that complies with the requirements of the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. 1320d, et seq., and assisting an enrollee with the technology necessary for a telehealth visit.

(b) An originating site provider is not required to participate in the delivery of the health care service.

(15) "Recipient" means a person:

(a) who has been determined by a medicaid agency to be eligible for medicaid benefits, whether or not the person actually has received any benefits; or

(b) who actually receives medicaid benefits, whether or not determined eligible.

(16) (a) "Records" means medical, professional, business, or financial information and documents, whether in written, electronic, magnetic, microfilm, or other form:

(i) pertaining to the provision of treatment, care, services, or items to a recipient;

(ii) pertaining to the income and expenses of the provider; or

(iii) otherwise relating to or pertaining to a determination of eligibility for or entitlement to payment or reimbursement under the medicaid program.

(b) The term includes all records and documents, regardless of whether the records are required by medicaid laws, regulations, rules, or policies to be made and maintained by the provider.

(17) (a) "Telehealth" means the use of telecommunications and information technology to provide access to health assessment, diagnosis, intervention, consultation, supervision, and information across distance, including but not limited to the use of secure portal messaging, secure instant messaging, audiovisual communications, and audio-only communications.

(b) The term includes both clinical and nonclinical services.
Mont. Code Ann. § 53-6-1405 — MT Code / Title 53 / Chapter 6 / Part 14 / Section 53-6-1405
53-6-1405 Audit completion -- notice of overpayment determination -- opportunity to resubmit claim
Status: in_force

53-6-1405 . Audit completion -- notice of overpayment determination -- opportunity to resubmit claim. (1) The department or an auditor shall conclude an overpayment audit and notify the provider in writing of the audit results, including any overpayment determination, within 90 days of:

(a) the receipt of all records requested in the department's or the auditor's initial record request;

(b) a determination regarding fraud in cases in which the department investigates a credible allegation of fraud; or

(c) the conclusion of an investigation and any related enforcement proceedings if a government agency or entity other than the department is conducting a civil fraud or criminal investigation of the provider and the government agency or entity conducting the investigation determines and notifies the department in writing that providing earlier notification would interfere with or jeopardize the investigation, recovery of a fraudulent overpayment, or criminal prosecution.

(2) A notice of overpayment determination, including any notice of audit results under subsection (1) that includes a notice of overpayment determination, must include a detailed explanation of the overpayment determination, including at a minimum:

(a) a description of the overpayment;

(b) the dollar value of the overpayment;

(c) the specific reason for the overpayment determination;

(d) the specific medical criteria and any clinical and professional judgment upon which the determination is based;

(e) in cases in which an overpayment resulted from incorrect billing rather than a lack of medical necessity or failure to provide the services or items in accordance with applicable requirements, a statement that the provider may submit a new claim or claim adjustment as provided in 53-6-111 ;

(f) the action to be taken by the department;

(g) an explanation of any action required of the provider; and

(h) an explanation of the provider's right to appeal.
Mont. Code Ann. § 53-2-609 — MT Code / Title 53 / Chapter 2 / Part 6 / Section 53-2-609
53-2-609 Revocation of assistance
Status: in_force

53-2-609 . Revocation of assistance. If the department or the local office of public assistance has reason to believe, by reason of a complaint or otherwise, that public assistance under this title has been improperly granted, the department or local office of public assistance shall make an investigation. If it appears as a result of an investigation that the assistance was improperly granted, further payments may not be authorized for the recipient. The right of appeal is granted to recipients whose assistance has been revoked.
Mont. Code Ann. § 53-20-213 — MT Code / Title 53 / Chapter 20 / Part 2 / Section 53-20-213
53-20-213 Departments to cooperate
Status: in_force

53-20-213 . Departments to cooperate. The department of public health and human services and the office of superintendent of public instruction shall cooperate on all aspects of each agency's respective programs for persons with developmental disabilities.
Mont. Code Ann. § 53-21-121 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-121
53-21-121 Petition for commitment -- contents of -- notice of
Status: in_force

53-21-121 . Petition for commitment -- contents of -- notice of. (1) The county attorney, upon the written request of any person having direct knowledge of the facts, may file a petition with the court alleging that there is a person within the county who is suffering from a mental disorder and who requires commitment pursuant to this chapter.

(2) The petition must contain:

(a) the name and address of the person requesting the petition and the person's interest in the case;

(b) the name of the respondent and, if known, the address, age, sex, as defined in 1-1-201 , marital status, and occupation of the respondent;

(c) the purported facts supporting the allegation of mental disorder, including a report by a mental health professional if any, a statement of the disposition sought pursuant to 53-21-127 , and the need for commitment;

(d) the name and address of every person known or believed to be legally responsible for the care, support, and maintenance of the respondent for whom evaluation is sought;

(e) the name and address of the respondent's next of kin to the extent known to the county attorney and the person requesting the petition;

(f) the name and address of any person whom the county attorney believes might be willing and able to be appointed as friend of respondent;

(g) the name, address, and telephone number of the attorney, if any, who has most recently represented the respondent for whom evaluation is sought; if there is no attorney, there must be a statement as to whether to the best knowledge of the person requesting the petition the respondent for whom evaluation is sought is indigent and unable to afford the services of an attorney;

(h) a statement of the rights of the respondent, which must be in conspicuous print and identified by a suitable heading; and

(i) the name and address of the mental health facility to which it is proposed that the respondent may be committed, if known.

(3) Notice of the petition must be hand-delivered to the respondent and to the respondent's counsel on or before the initial appearance of the respondent before the judge or justice of the peace. The respondent's counsel shall meet with the respondent, explain the substance of the petition, and explain the probable course of the proceedings. Notice of the petition and the order setting the date and time of the hearing and the names of the respondent's counsel, professional person, and friend of respondent must be hand-delivered, mailed, or sent by a facsimile transmission to the person or persons legally responsible for care, support, and maintenance of the respondent, the next of kin identified in the petition, any other person identified by the county attorney as a possible friend of respondent other than the one named as the friend of respondent, the director of the department or the director's designee, and the mental health facility to which the respondent may be committed, if known. The notice may provide, other than as to the respondent and the respondent's counsel, that no further notice will be given unless written request is filed with the clerk of court.
Mont. Code Ann. § 53-30-703 — MT Code / Title 53 / Chapter 30 / Part 7 / Section 53-30-703
53-30-703 General requirements for restrictive housing -- procedures
Status: in_force

53-30-703 . General requirements for restrictive housing -- procedures. (1) An inmate may be housed in administrative segregation during an investigation of alleged violations.

(2) An inmate may be placed in disciplinary detention only after a finding of a rule violation at an impartial hearing and when there is not an adequate alternative disposition to regulate the inmate's behavior.

(3) An inmate's status in protective custody must be reviewed periodically by a classification committee or other designated group.

(4) Medical personnel must be part of a multidisciplinary team when an inmate who has chronic care or other significant medical accommodation needs participates in a step-down program.

(5) An inmate's placement in restrictive housing may not exceed 22 hours in a 24-hour period and is limited to circumstances that pose a direct threat to the safety of persons or a clear threat to the safe and secure operations of the facility. Placement may be made only after considering:

(a) the relationship between the threat the offender poses and the behaviors articulated in the schedule established pursuant to subsection (9);

(b) the impact that restrictive housing may have on the medical and mental health conditions exhibited by the inmate and possible alternatives that may be available to compensate for these conditions; and

(c) a description of alternatives to restrictive housing that may be available to safely address the threat posed by the inmate.

(6) Female inmates determined to be pregnant or postpartum may not be housed in restrictive housing unless exigent circumstances exist. If exigent circumstances exist, a female inmate who is pregnant or postpartum may be placed in restrictive housing for a time not to exceed 24 hours. Any extension for exigent circumstances must be approved by the administrator or the administrator's designee.

(7) A facility shall establish written operational procedures to govern restrictive housing and protective custody units for the supervision of inmates under administrative segregation, disciplinary detention, prehearing confinement, and protective custody. The operational procedures that govern restrictive housing and protective custody must incorporate American correctional association standards that do not conflict with the provisions of this part.

(8) The administrator, a shift supervisor, or a designee of either the administrator or a shift supervisor of an adult facility may order immediate segregation or placement in a restrictive housing unit when it is necessary to protect the inmate or others. The action must be reviewed within 24 hours by the appropriate supervisor.

(9) An adult facility shall maintain a sanctioning schedule for facility rule violations.

(10) The administrator or the administrator's designee shall review the confinement of an adult inmate that continues beyond 30 days. Continuous confinement of an adult inmate for more than 30 days requires the approval of the administrator or the administrator's designee.
Mont. Code Ann. § 53-20-118 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-118
53-20-118 Venue for hearing
Status: in_force

53-20-118 . Venue for hearing. (1) Except as provided in 53-20-129 , hearings held pursuant to this part must be held in the district court for the district in which:

(a) the respondent resides; or

(b) the residential facility to which the respondent is committed or is to be committed is located.

(2) The cost of any hearing held pursuant to this part must be borne by the county where the respondent resides.
Mont. Code Ann. § 53-21-125 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-125
53-21-125 Request for jury trial
Status: in_force

53-21-125 . Request for jury trial. At any time prior to the date set for hearing, the respondent, through counsel, may request a jury trial, and upon the request, the time set for hearing must be vacated and the matter set on the court's jury calendar at the earliest date possible, the matter taking precedence over all other matters. If there is not a jury in attendance, a jury must be selected in the manner provided in 3-15-506 and a date must be set for trial by a jury within 7 days, exclusive of Saturdays, Sundays, and holidays.
Mont. Code Ann. § 53-10-501 — MT Code / Title 53 / Chapter 10 / Part 5 / Section 53-10-501
53-10-501 Definitions
Status: in_force

53-10-501 . Definitions. As used in this part, the following definitions apply:

(1) "Block grant" means the federal community services block grant established under 42 U.S.C. 9901, et seq.

(2) "Department" means the department of public health and human services provided for in 2-15-2201 .

(3) "Human resource development council" means a nonprofit public or private community organization serving low-income persons in a multicounty area that has the same boundaries as one or more substate planning districts established by executive order of the governor.
Mont. Code Ann. § 53-6-1310 — MT Code / Title 53 / Chapter 6 / Part 13 / Section 53-6-1310
53-6-1310 Health risk analysis
Status: in_force

53-6-1310 . Health risk analysis. (1) Within 1 year of a program participant's enrollment in the program, the department shall use available claims data and other information collected directly from the participant to assess whether the participant would be better served in a coordinated care or other treatment model approved by the department.

(2) Coordinated care models may include but are not limited to a:

(a) medicaid health home;

(b) patient-centered or advanced primary care medical home;

(c) substance use disorder or mental health treatment or other treatment or prevention programs;

(d) care coordination program;

(e) tribal health improvement program; or

(f) primary care case management arrangement.

(3) The department is not required to complete a separate analysis for a participant who:

(a) is already being served through a coordinated care model listed in subsection (2); or

(b) has received primary care or preventative care services within the last 12 months.
Mont. Code Ann. § 53-10-102 — MT Code / Title 53 / Chapter 10 / Part 1 / Section 53-10-102
53-10-102 Not codified
Status: in_force

53-10-102 . Not codified.
Mont. Code Ann. § 53-20-201 — MT Code / Title 53 / Chapter 20 / Part 2 / Section 53-20-201
53-20-201 Short title
Status: in_force

53-20-201 . Short title. This part shall be known and may be cited as the "Montana Developmental Disabilities Services and Facilities Act of 1974".
Mont. Code Ann. § 53-4-702 — MT Code / Title 53 / Chapter 4 / Part 7 / Section 53-4-702
53-4-702 Definitions
Status: in_force

53-4-702 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) (a) "Cash assistance" means the programs designed to provide families with monthly cash grants and opportunities leading to self-support and funded, in part, with temporary assistance for needy families block grant funds as provided in 45 CFR 260.31(a).

(b) The term does not include nonfinancial assistance.

(2) "Department" means the department of public health and human services provided for in 2-15-2201 .

(3) "Nonfinancial assistance" means the programs funded, in part, with temporary assistance for needy families, as provided in 45 CFR 260.31(b).

(4) "Temporary assistance for needy families" means the block grant program established pursuant to 42 U.S.C. 601, et seq.
Mont. Code Ann. § 53-20-307 — MT Code / Title 53 / Chapter 20 / Part 3 / Section 53-20-307
53-20-307 Health and safety standards for licensing
Status: in_force

53-20-307 . Health and safety standards for licensing. (1) (a) After initial certification by the state fire prevention and investigation section of the department of justice, community homes must be certified annually for fire and life safety by the department of justice.

(b) The department of justice shall notify the department of public health and human services when a community home has been certified.

(2) (a) Local health officers shall certify community homes for compliance with health and safety standards. If for any reason the local authority cannot complete the certification in a timely manner, the department of public health and human services is authorized to make the determination on certification.

(b) A reasonable fee may be charged to authorized parties, as defined in 53-20-303 , for the health and safety certification.
Mont. Code Ann. § 53-21-143 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-143
53-21-143 Right not to be fingerprinted
Status: in_force

53-21-143 . Right not to be fingerprinted. No person admitted to or in a mental health facility shall be fingerprinted unless required by other provisions of law.
Mont. Code Ann. § 53-6-804 — MT Code / Title 53 / Chapter 6 / Part 8 / Section 53-6-804
53-6-804 Rulemaking and certification of policies by commissioner and department
Status: in_force

53-6-804 . Rulemaking and certification of policies by commissioner and department. (1) The commissioner and the department may by rule adopt requirements for certification of long-term care insurance policies and certificates. These requirements may include but are not limited to:

(a) minimum levels and durations of benefits;

(b) mandatory inflation protection;

(c) mandatory home and community care coverage;

(d) case management; and

(e) procedures for the insured to appeal a denial of benefits.

(2) The commissioner and the department shall review long-term care insurance policies and certificates to determine whether policies and certificates meet the requirements for certification pursuant to this section.
Mont. Code Ann. § 53-6-1011 — MT Code / Title 53 / Chapter 6 / Part 10 / Section 53-6-1011
53-6-1011 Appeals
Status: in_force

53-6-1011 . Appeals. An eligibility determination made by the department based on information provided by the department of revenue is final, subject to appeal in accordance with the appeal process established in the medicaid program.
Mont. Code Ann. § 53-20-107 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-107
53-20-107 Department to compile list of qualified developmental disabilities professionals
Status: in_force

53-20-107 . Department to compile list of qualified developmental disabilities professionals. The department of public health and human services shall compile and provide to each district court within the state a list of developmental disabilities professionals who possess competencies in the evaluation and habilitation of persons with developmental disabilities.
Mont. Code Ann. § 53-2-215 — MT Code / Title 53 / Chapter 2 / Part 2 / Section 53-2-215
53-2-215 Social Security Act section 1115 waiver
Status: in_force

53-2-215 . Social Security Act section 1115 waiver. (1) The department may pursue approval from the U.S. department of health and human services for implementation in Montana of a health insurance flexibility and accountability demonstration initiative and other demonstration projects through section 1115 waivers.

(2) The department may implement a demonstration project upon approval of a section 1115 waiver by the U.S. department of health and human services. The department may:

(a) coordinate a demonstration project with a program approved through a section 1915 waiver; or

(b) terminate and subsume in a new section 1115 waiver an existing managed care or access program approved through a section 1915(b) waiver, an optional state plan medicaid service authorized under 53-6-101 , an optional state plan eligibility group authorized under 53-6-131 , or an existing program approved by a section 1115 waiver that is administered by the department.

(3) The department may initiate and administer section 1115 waivers to more efficiently apply available state general fund money, other available state and local public and private funding, and federal money to the development and maintenance of medicaid-funded programs of health services and of other public assistance services and to structure those programs or services for more efficient and effective delivery to specific populations.

(4) (a) In establishing programs or services in a demonstration project approved through a section 1115 waiver, the department shall administer the expenditures under each demonstration project within the state spending authority that is available for that demonstration project. The department may limit enrollments in each program within a demonstration project, reduce the per capita expenditures available to enrollees, and modify and reduce the types and amounts of services available through each program when the department determines that expenditures can be reasonably expected to exceed the available state spending authority.

(b) The department shall develop a contingency plan if there is a spending cap as a condition of the waiver and the spending cap is exceeded. The contingency plan must address the effects on new programs, services, or eligibility groups.

(5) The department may coordinate the state children's health insurance program authorized under Title 53, chapter 4, part 10, with a section 1115 waiver for the purpose of increasing the state funding match available under the waiver and expanding the number of participants in the state children's health insurance program.

(6) The department, subject to the terms and conditions of the section 1115 waiver:

(a) shall establish the eligibility groups based upon the funding principles stated in 53-6-101 (2);

(b) may provide medicaid coverage for one or more optional medicaid eligibility groups;

(c) may provide medicaid coverage for one or more specific populations of persons who are not within the federally authorized medicaid eligibility groups but who are within the requirements of subsection (7);

(d) may establish the service coverage, eligibility requirements, financial participation requirements, and other features for the administration and delivery of services to each section 1115 waiver eligibility group;

(e) shall set limits on the number of participants for each section 1115 waiver eligibility group;

(f) shall set limits on the total expenditures under each demonstration project; and

(g) shall set the limits on the total expenditures on the services to be provided to each section 1115 waiver eligibility group.

(7) The categories of persons that the department may consider for establishment as a section 1115 waiver eligibility group include but are not limited to:

(a) low-income parents of children who are eligible to participate in medicaid under 53-6-131 or in the state children's health insurance program authorized under Title 53, chapter 4, part 10;

(b) children who because of limits on enrollment may not be covered through the state children's health insurance program authorized under Title 53, chapter 4, part 10;

(c) children who are eligible to participate in the state children's health insurance program authorized under Title 53, chapter 4, part 10; and

(d) other specific groups of persons who are participants in programs or services funded solely or primarily through state general funds or who the department determines are in need of specific types of health care and related services, such as prescription drugs, reproductive health care, and mental health services, and are without adequate financial means to procure health insurance coverage of those needs.

(8) Children participating in a section 1115 waiver eligibility group or children who would be eligible to participate in the state children's health insurance program are subject to the eligibility criteria applicable under 53-4-1004 , except as provided in subsection (9) of this section, for participation in the state children's health insurance program and must receive benefits as provided through the state children's health insurance program under 53-4-1005 .

(9) (a) Except as provided in this subsection (9), the eligibility for the section 1115 waiver eligibility groups may not exceed 150% of the federal poverty level.

(b) The department may establish eligibility at greater than 150% but no more than 200% of the federal poverty level for any of the following groups established for purposes of a section 1115 waiver:

(i) participants in the state children's health insurance program;

(ii) participants in a group that may be covered under the state children's health insurance program;

(iii) participants in a family planning program;

(iv) participants in a group composed of persons previously served through a program funded with state general fund money and other nonmedicaid money; or

(v) participants in a group composed of persons with a significant need for particular services that are not readily available to that population through insurance products or because of personal financial limitations.

(c) In establishing the eligibility criteria based upon federal poverty levels, the department shall select levels to ensure that the resulting expenditures will remain within the available funding and will conform with the terms and conditions of approval by the U.S. department of health and human services.

(d) The department may adopt additional programmatic and financial eligibility criteria for a section 1115 waiver eligibility group in order to appropriately define the subject population, to limit use for fiscal and programmatic purposes, to prevent improper use, and to conform the administration of the program with the terms and conditions of the section 1115 waiver.

(e) Eligibility criteria applicable to a section 1115 waiver eligibility group need not conform to the criteria applicable to another section 1115 waiver eligibility group or to a medicaid eligibility group that is not encompassed within the demonstration project.

(10) (a) For each section 1115 waiver eligibility group, the department shall establish the program benefit or benefits to be available to the participants in the group.

(b) Program benefits may be in the form of:

(i) assistance in the payment of health insurance premiums for health care coverage through an employer or other existing group coverage available to the program enrollee;

(ii) assistance in the payment of health insurance premiums for health care coverage that meets a set of defined standards and limitations adopted by the department in consultation with the commissioner of insurance and obtained from participating private insurers or through self-insured pools;

(iii) premium purchase for insurance coverage on behalf of children who are 18 years of age or younger for the defined set of health care and related services adopted by the department for the state children's health insurance program authorized in Title 53, chapter 4, part 10; or

(iv) coverage of a defined set of health care and related services administered directly by the department on a fee-for-service basis.

(c) The department may limit the types of program benefits available to enrollees in a program. For programs in which the department provides for more than one type of program benefit, the department may require that enrollees, either as a whole or on an individual basis based on certain circumstances, use certain types of program benefits in lieu of using other types of program benefits.

(d) The department shall, as necessary to maintain expenditures for a program within the available funding for that program, set monetary limitations on the total benefit amounts available on a periodic basis for an enrollee through that program, whether that benefit is in the form of premium assistance, premium purchase, or a set of covered services.

(11) The benefits for a section 1115 waiver eligibility group may be in the form of a defined set of covered services consisting of one or more of the mandatory and optional medicaid state plan services specified in 53-6-101 or other health-care related services. The department may select the types of services that constitute a defined set of covered services for a section 1115 waiver eligibility group. The department may provide coverage of a service not specified in 53-6-101 if the department determines the service to be appropriate for the particular section 1115 waiver eligibility group. The department may define the nature, components, scope, amount, and duration of each covered service to be made available to a section 1115 waiver eligibility group. The nature, components, scope, amount, and duration of a covered service made available to a section 1115 waiver eligibility group need not conform to those aspects of that service as defined by the department for delivery as a covered service to another section 1115 waiver eligibility group or to a medicaid eligibility group that is not encompassed within a section 1115 waiver.

(12) The department may adopt financial participation requirements for enrollees in a section 1115 eligibility group to foster appropriate use among enrollees and to maintain the fiscal accountability of the program. The department may adopt financial participation requirements, including but not limited to copayments, payment of monthly or yearly enrollment fees, or deductibles. The requirements may vary among the section 1115 waiver eligibility groups. In adopting financial participation requirements for enrollees selecting coverage as provided in subsection (10)(b)(iv), the department may not adopt cost-sharing amounts that exceed the nominal deductible, coinsurance, copayment, or similar charges adopted by the department to apply to categorically or medically needy persons for a service pursuant to the state medicaid plan.

(13) (a) The department shall adopt rules as necessary for the implementation of a section 1115 waiver. Rules may include but are not limited to:

(i) designation of programs and activities for implementation of a section 1115 waiver;

(ii) features and benefit coverage of the programs;

(iii) the nature, components, scope, amount, and duration of each program service;

(iv) appropriate insurance products and coverage as benefits;

(v) required enrollee eligibility information;

(vi) enrollee eligibility categories, criteria, requirements, and related measures;

(vii) limits upon enrollment;

(viii) requirements and limitations for service costs and expenditures;

(ix) measures to ensure the appropriateness and quality of services to be delivered;

(x) provider requirements and reimbursement;

(xi) financial participation requirements for enrollees;

(xii) use measures; and

(xiii) other appropriate provisions necessary for administration of a demonstration project and for implementation of the conditions placed upon approval of a section 1115 waiver by the U.S. department of health and human services.

(b) Unless required by federal law or regulation, the department may not adopt rules that exclude a child from medicaid services or require prior authorization for a child to access medicaid services if the child would be eligible for or able to access the services without prior authorization if the child was not in foster care.

(14) The department shall administer the programs and activities that are subject to a section 1115 waiver in accordance with the terms and conditions of approval by the U.S. department of health and human services. The department may modify aspects of established programs and activities administered by the department as may be necessary to implement a section 1115 waiver as provided in this section.

(15) The department may seek an initial duration and durational extensions for a section 1115 waiver as the department determines appropriate for demonstration and fiscal considerations.

(16) The department shall provide a report to the legislature, as provided in 5-11-210 , on the conditions of approval and the status of implementation for each section 1115 waiver approved by the U.S. department of health and human services. For any proposed section 1115 waiver not approved by the U.S. department of health and human services, the department shall provide to the next legislative session a report on the basis for disapproval and an analysis of the fiscal costs and programmatic impacts of serving the persons within the proposed section 1115 waiver eligibility groups through eligibility under one of the optional medicaid eligibility categories established in federal law and authorized by 53-6-131 .

(17) The department shall present a section 1115 waiver proposal to the appropriate medicaid advisory council, which must include consumer advocates, prior to the submission of the proposal to the federal government.

(18) The department shall present a section 1115 waiver proposal to the house appropriations committee or, during the interim, the children, families, health, and human services interim committee for review and comment at a public hearing prior to the submission of the proposal to the federal government for formal approval and shall also present the section 1115 waiver after final approval from the federal government.

(19) (a) The department shall provide for a public comment period on the proposed section 1115 waiver at least 60 days before the submission of the section 1115 waiver application to the federal government for formal approval.

(b) The department shall give notice of the proposal by announcing the pending submittal, stating its general purpose, and informing the public that information on the proposal is available on the department's website.

(c) The department shall provide for public comment through electronic means or mail and shall provide for a public forum in at least one location at which members of the public can submit views on the proposal. The department shall consider comments received and make any appropriate changes to the waiver request before submitting it to the federal government.

(d) The department shall post on its website the waiver concept paper, formal correspondence regarding a waiver proposal, and the final approved waiver, including documents received from the centers for medicare and medicaid services.
Mont. Code Ann. § 53-1-610 — MT Code / Title 53 / Chapter 1 / Part 6 / Section 53-1-610
53-1-610 Refinancing by department
Status: in_force

53-1-610 . Refinancing by department. The department of public health and human services shall seek federal funds to offset general fund expenditures to the maximum extent possible. The cost of administration and any supporting contract efforts to claim federal funds above historic levels must be funded from anticipated and realized savings from refinancing work in the department of public health and human services. To the extent that the department of public health and human services is involved in refinancing work in other departments, the department of public health and human services shall receive a share of savings generated in those departments through work conducted by the department of public health and human services, in an amount at least equal to the cost of conducting the work.
Mont. Code Ann. § 53-21-1102 — MT Code / Title 53 / Chapter 21 / Part 11 / Section 53-21-1102
53-21-1102 Suicide reduction plan
Status: in_force

53-21-1102 . Suicide reduction plan. (1) The department shall produce a biennial suicide reduction plan that must be submitted to the legislature as provided in 5-11-210 .

(2) The plan must include:

(a) an assessment of both risk and protective factors impacting Montana's suicide rate;

(b) an assessment of both risk factors and protective factors impacting the suicide rates of active duty members, reserve members, and guard members of the uniformed services and veterans in Montana;

(c) specific activities to reduce suicide, including activities directed at active duty members, reserve members, and guard members of the uniformed services and veterans;

(d) concrete targets for suicide reduction among various demographic populations, including but not limited to American Indians, active duty members, reserve members, and guard members of the uniformed services and veterans, and youth;

(e) measurable outcomes for all activities; and

(f) information on all existing state suicide reduction activities for all state agencies, as well as any known local or tribal suicide reduction activities.

(3) Upon the development of a suicide reduction plan draft, the department shall initiate a public comment period of not less than 21 days during which members of mental health advocacy groups and other interested parties may submit comments on and suggestions for the plan. The department shall produce a final plan, which takes public comment into account, no later than 60 days after the close of the comment period. The plan must be published on the department's website and submitted to:

(a) the children, families, health, and human services interim committee and the legislature as provided in 5-11-210 ;

(b) the director of the department; and

(c) the governor.
Mont. Code Ann. § 53-6-152 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-152
53-6-152 Ambulance medicaid reimbursement special revenue account -- statutory appropriation
Status: in_force

53-6-152 . (Temporary -- effective on occurrence of contingency) Ambulance medicaid reimbursement special revenue account -- statutory appropriation. (1) There is an ambulance medicaid reimbursement account in the state special revenue account provided for in 17-2-102 to the credit of the department of public health and human services.

(2) The account consists of:

(a) money from the assessment fee provided for in 15-27-102 ;

(b) any penalties and interest on penalties collected pursuant to Title 15, chapter 27, part 1;

(c) other money authorized by the legislature to be credited to the account; and

(d) income earned on the account.

(3) Money in the account must be used by the department of public health and human services as follows:

(a) to first reimburse the general fund through a transfer from this account to the general fund for appropriations made to the department of revenue to implement, collect, and administer the ambulance provider assessment fee;

(b) to fund personal services for the department of revenue for implementing Chapter 420, Laws of 2025; and

(c) to provide funding no later than June 30 September 30 of each year for increases in medicaid payments to emergency ambulance services up to the average commercial rate for the service and for the cost of collection of the fees and other administrative activities associated with the implementation of increases in the medicaid payments to ambulance providers.

(4) Money remaining in the account at the end of a fiscal year may not be expended or transferred for any other purpose except as provided in subsection (3)(a).

(5) Money in the account is statutorily appropriated, as provided in 17-7-502 , for the purposes provided for in this section. (Void on occurrence of contingency--sec. 20, Ch. 420, L. 2025; terminates June 30, 2033--sec. 21, Ch. 420, L. 2025.)
Mont. Code Ann. § 53-21-1107 — MT Code / Title 53 / Chapter 21 / Part 11 / Section 53-21-1107
53-21-1107 Terminated
Status: in_force

53-21-1107 . Terminated. Sec. 16, Ch. 353, L. 2013.
Mont. Code Ann. § 53-6-167 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-167
53-6-167 Recovery of medicaid benefits after recipient's death
Status: in_force

53-6-167 . Recovery of medicaid benefits after recipient's death. (1) Except as provided in subsection (7) or (9)(b), after the death of a recipient, the department shall execute and present a claim against the recipient's estate, within the time specified in the published notice to creditors in the estate proceeding, for the total amount of recoverable medical assistance paid to or on behalf of the recipient. The department is not required to initiate probate proceedings in order to present a claim in a case in which no proceeding has been commenced to probate the estate of the deceased recipient.

(2) Except as prohibited by subsection (9)(b), after the death of a recipient, the department may execute and present a claim against a person who has received property of the recipient by distribution or survival for an amount equal to the recoverable medical assistance paid on behalf of the recipient or the value of the property received by the person from the recipient by distribution or survival, whichever is less. The amount recoverable from a person with respect to property of the recipient must be reduced by the value of any property transferred to the person for less than full market value for which a period of ineligibility was imposed under 53-6-166 against the recipient during the recipient's life. The department may bring an action in district court to collect upon a claim under this subsection (2).

(3) A department claim under subsection (1) or (2) must include notice of the right to seek an undue hardship exception under rules adopted by the department in accordance with subsection (8).

(4) (a) Notwithstanding any statute of limitations or other claim presentation deadline provided by law, a department claim against an estate is not barred for lack of timely presentation if it is presented in the probate proceeding within the time specified in the published notice to creditors.

(b) An action to collect a claim under subsection (2) must be commenced within 3 years of the later of the recipient's death or the closing of the recipient's estate.

(5) (a) For purposes of this section, property of a deceased recipient received by distribution or survival is any real or personal property or other assets in which the recipient had any right, title, or interest immediately prior to the time of death, including but not limited to assets passing to one or more survivors, heirs, assignees, or beneficiaries of the deceased recipient through joint tenancy, tenancy in common, right of survivorship, conveyance by the recipient subject to life estate, living trust, or other arrangement. For purposes of this section, property is not received by distribution or survival to the extent that the person received the property or property interest for consideration equal to the fair market value of the property or property interest received.

(b) Property received by distribution includes but is not limited to:

(i) property from a deceased recipient's estate distributed to a person through a probated estate or a small estate administration procedure; and

(ii) property from a deceased recipient's estate otherwise distributed to or in the possession of a person through any other procedure or when a legal procedure for distribution has not been followed.

(c) Assets of a deceased recipient's estate and property of a deceased recipient received by distribution or survival are not exempt from recovery under this section because the assets or property were or may have been considered by the department as exempt income or resources for the purpose of determining eligibility for medical assistance during the recipient's lifetime.

(6) (a) The department may seek recovery under subsection (1) or (2), or both, with respect to a deceased recipient until its claim is satisfied in full. Upon full satisfaction of its claim, the department may not seek further recovery and shall provide appropriate releases to the deceased recipient's estate and to other affected persons.

(b) An estate or other person is not entitled to a reduction or waiver of the department's claim on the grounds that there is or may be another person from whom recovery may be made under this section.

(7) The department may waive recovery under this section if it determines that recovery would not be cost-effective. In determining whether recovery would be cost-effective for purposes of this subsection, the department may consider but is not limited to consideration of the following factors:

(a) the estimated cost of recovery;

(b) the amount reasonably likely to be recovered;

(c) the likelihood that recovery by the department will cause a person to become eligible for public assistance; and

(d) the importance of the case or the issues in the case and the need for judicial interpretation of issues that may recur with respect to the administration or implementation of this section.

(8) (a) Upon presentation or assertion of a claim by the department under this section, the personal representative of the estate or another affected person may apply to the department, in accordance with procedures established by department rule, for a waiver of recovery based on undue hardship. The department shall waive its recovery under this section in whole or in part if it determines that recovery would result in undue hardship as defined by department rule.

(b) The department shall adopt rules that are consistent with 42 U.S.C. 1396p, as may be amended, and that implement federal regulations and policies, establishing procedures and criteria for undue hardship exceptions. The rules adopted under this section must include but are not limited to rules addressing the following:

(i) a description of the circumstances considered to constitute an undue hardship;

(ii) the procedures by which an individual may seek an undue hardship exception;

(iii) the persons entitled to an undue hardship exception; and

(iv) whether an exception is partial or temporary and the circumstances under which partial or temporary exceptions may be granted.

(c) If a person is aggrieved by a department determination on an application for an undue hardship exception, the person may assert a claim of entitlement to an undue hardship exception in any court proceeding on a department petition for allowance of an estate claim or for recovery of an amount due under this section. When a person claims entitlement to an undue hardship exception in the proceeding, the court shall make a determination on the claim for an exception based upon the department rules adopted in accordance with this section. Department denial of all or any part of the relief requested in an exception application under this section may be reviewed by a district court only as provided in this subsection (8)(c). Denial does not grant a right to a contested case hearing or a right to judicial review under the Montana Administrative Procedure Act or the department's rules.

(9) (a) Except as provided in subsection (9)(b), if the requirements of this section are met, the department may collect upon its claim.

(b) The department may not recover under this section while there is a surviving spouse of the recipient or while there is a surviving child of the recipient who is under 21 years of age, blind, or permanently and totally disabled. This subsection (9)(b) does not preclude the department from recovering from the recipient's estate after the death of the surviving spouse or child.

(10) All money recovered under this section from any source must be distributed to the state general fund and to the United States as required by applicable state and federal laws and regulations.
Mont. Code Ann. § 53-21-1311 — MT Code / Title 53 / Chapter 21 / Part 13 / Section 53-21-1311
53-21-1311 Prohibited elements
Status: in_force

53-21-1311 . Prohibited elements. A directive may not:

(1) create an entitlement to mental health treatment or other medical treatment;

(2) obligate any health care provider, professional person, health care facility, or insurer to pay the costs associated with the treatment requested;

(3) obligate any health care provider, professional person, or health care facility to be responsible for services outside the scope of services the person or facility normally provides; or

(4) bind any person who is not a provider of health care services to confer any benefit on the principal.
Mont. Code Ann. § 53-7-103 — MT Code / Title 53 / Chapter 7 / Part 1 / Section 53-7-103
53-7-103 Department to cooperate with federal government
Status: in_force

53-7-103 . Department to cooperate with federal government. The department shall cooperate, pursuant to agreements with the federal government, in carrying out the purposes of the federal Rehabilitation Act of 1973 (29 U.S.C. 701, et seq.), as may be amended, and may adopt methods of administration as required by the federal government for state participation in programs funded under the federal act.
Mont. Code Ann. § 53-7-301 — MT Code / Title 53 / Chapter 7 / Part 3 / Section 53-7-301
53-7-301 Definitions
Status: in_force

53-7-301 . Definitions. As used in this part, the following definitions apply:

(1) (a) "Blindness" means a visual disability in which:

(i) a person's central visual acuity does not exceed 20/200 in the better eye with correcting lenses; or

(ii) a person's visual field at the widest diameter subtends an angle no greater than 20 degrees.

(b) The term includes any visual disability that, in the determination of the department, renders vision seriously defective or causes blindness.

(2) "Department" means the department of public health and human services provided for in 2-15-2201 .

(3) "Independent living" means control over one's life based upon a choice between acceptable options in a manner that minimizes reliance upon others for making decisions and conducting activities of daily living.

(4) "Low vision" means a visual impairment that, even with correction, remains so severe as to make performance of daily tasks difficult.

(5) "Maintenance" means money payments made in accordance with 53-7-310 .

(6) "Occupational license" means a license, permit, or other written authority required by any governmental unit to engage in an occupation.

(7) "Person with a disability" means the same as "individual with a disability" as defined in the federal Rehabilitation Act of 1973, 29 U.S.C. 706(8)(A), as may be amended. The term includes any individual who lacks occupational or vocational achievement because of the presence of a physical or mental disability.

(8) (a) "Physical restoration" means any medical, surgical, or therapeutic treatment necessary to correct or substantially reduce an impediment to employment caused by blindness or low vision within a reasonable length of time, including but not limited to medical, psychiatric, dental, and surgical treatment, nursing services, hospital care, convalescent care, drugs, medical and surgical supplies, and prosthetic appliances.

(b) The term does not include curative treatment for acute or transitory medical conditions unless necessary to maintain a person's health in order to complete a rehabilitation plan.

(9) "Prosthetic appliance" means an artificial device necessary to support or take the place of a part of the body or to increase the acuity of a sense organ.

(10) "Rehabilitation engineering" means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of and address the barriers confronted by persons with blindness or low vision. The barriers may exist in the areas of education, rehabilitation, employment, transportation, independent living, and recreation.

(11) "Rehabilitation plan" means a plan, developed with the participation of the recipient, for providing services to assist a person with blindness or low vision to become independent and productive or employable.

(12) "Rehabilitation training" means training provided to a person with blindness or low vision to overcome the person's impediment to employment, including but not limited to manual, preconditioning, prevocational, vocational, and supplementary training and training provided for the purpose of achieving broader or more remunerative skills and capacities.

(13) "Vocational rehabilitation" means the provision of vocational rehabilitation services to a person with blindness or low vision to enable the person to the extent possible to become independent and productive or employable.

(14) "Vocational rehabilitation services" means the following services: medical diagnosis, vocational guidance, vocational counseling, vocational placement, rehabilitation training, rehabilitation engineering, physical restoration, transportation, occupational licenses, customary occupational tools and equipment, maintenance, training books and materials, group facilities, family services, followup services, and any other goods and services provided for by rule and that the department determines to be necessary to rehabilitate the person.
Mont. Code Ann. § 53-1-210 — MT Code / Title 53 / Chapter 1 / Part 2 / Section 53-1-210
53-1-210 Transfer of property -- allowed purpose
Status: in_force

53-1-210 . Transfer of property -- allowed purpose. Pursuant to 53-20-505 and 77-2-302 , the former Eastmont human services center at Glendive is the property of the department of corrections, and the building may be used for any purpose determined appropriate by the department. Whenever possible, the department shall employ the former employees of the Eastmont human services center in the new program established at the facility.
Mont. Code Ann. § 53-21-107 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-107
53-21-107 Abuse and neglect of persons admitted to mental health facility prohibited -- reporting -- investigations
Status: in_force

53-21-107 . Abuse and neglect of persons admitted to mental health facility prohibited -- reporting -- investigations. (1) Any form of abuse or neglect of a person admitted to a mental health facility is prohibited.

(2) Each mental health facility shall publish policies and procedures that define the facility's guidelines for detecting, reporting, investigating, determining the validity, and resolving allegations of abuse or neglect.

(3) Each allegation of abuse or neglect must be reported as follows:

(a) Any employee of the mental health facility with knowledge of the allegation shall immediately report the allegation to the professional person in charge of the facility.

(b) The professional person in charge of the mental health facility shall report the allegation by the end of the next business day, in writing, to the board.

(c) When the allegation of abuse or neglect may constitute a criminal act, the professional person in charge of the mental health facility shall immediately report the allegation to the appropriate law enforcement authority.

(4) Each mental health facility shall provide a mechanism for reporting allegations of abuse or neglect that in no way deters or discourages an individual from reporting the allegations.

(5) Investigations of allegations of abuse or neglect must be initiated by the professional person in charge of the facility as soon as possible after the initial report of the incident, but not later than by the end of the next business day. Initiation of each investigation may not be delayed in any way that adversely affects the efficacy of the investigation. However, the investigation must be initiated immediately when there is a report of an alleged criminal act.

(6) The investigation of each allegation of abuse or neglect must be concluded within the minimum period of time necessary to gather the information relative to each allegation and to come to a conclusion following the initial report of the allegation.

(7) Each mental health facility shall document the following in writing regarding each allegation of abuse or neglect:

(a) details of each allegation of abuse or neglect, including the names of any facility staff against whom the allegation is made;

(b) a description of the rationale for conducting the investigation with either in-house or outside personnel;

(c) details of the process of the investigation of each allegation of abuse or neglect;

(d) details of the conclusions of the investigation; and

(e) details of corrective action taken.

(8) Mental health facilities shall provide a copy of the written report described in subsections (7)(a) through (7)(e) within 5 working days of the completion of each investigation to the director of the department and to the board.

(9) (a) For each allegation of abuse or neglect involving the Montana state hospital, the director of the department shall report the following information to the state protection and advocacy program for individuals with mental illness authorized under 42 U.S.C. 10805(b)(2) to investigate reports of abuse and neglect:

(i) within 5 working days of the incident, the details of the reported allegation; and

(ii) within 5 working days of the completion of the investigation into the report, the written record created pursuant to subsection (7).

(b) The director may not redact any information provided pursuant to this subsection (9).
Mont. Code Ann. § 53-30-313 — MT Code / Title 53 / Chapter 30 / Part 3 / Section 53-30-313
53-30-313 Powers and duties of community corrections boards
Status: in_force

53-30-313 . Powers and duties of community corrections boards. (1) A community corrections board may establish and enforce standards for:

(a) the operation of community corrections facilities and programs operated by the unit of local government or a tribal government served by the community corrections board; and

(b) the conduct of offenders placed in local community corrections facilities and programs.

(2) The community corrections board, together with the judicial district, shall establish procedures for screening offenders who are to be placed in the community corrections facility or program. The screening must take into account the aptitude, attitude, and social and occupational skills of the offender and the risk of harm the offender may present to the offender and others.

(3) A community corrections board may accept, reject, or reject after acceptance the placement of any offender in the community corrections facility or program. If an offender is rejected by the community corrections board after initial acceptance, the sheriff of the county in which the facility or program is located must take custody of the offender. The community corrections board shall notify in writing the sentencing judge who, after considering the board's reasons for rejection, shall appropriately modify the sentencing order.
Mont. Code Ann. § 53-20-162 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-162
53-20-162 Training for resident care workers
Status: in_force

53-20-162 . Training for resident care workers. All resident care workers who have not had prior clinical experience in a residential facility for habilitation of persons with developmental disabilities must be given suitable orientation training. Staff members on all levels must be given suitable, regularly scheduled inservice training. Each resident care worker shall receive supervision that emphasizes the protection of residents and their rights.
Mont. Code Ann. § 53-21-106 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-106
53-21-106 Certification of professional persons
Status: in_force

53-21-106 . Certification of professional persons. (1) The department shall certify professional persons as defined in 53-21-102 for the purpose of this part.

(2) The department, with reference to recognized national standards in the field of mental health, shall adopt standards and rules governing the certification of professional persons as defined in 53-21-102 .

(3) The rules for certification must address but are not limited to:

(a) the type of education that an individual has received, including degrees;

(b) the type of experience or training received by the individual;

(c) continuing education, training, instruction, and work experience necessary to maintain certification;

(d) an examination instrument to be used to determine an individual's proficiency and understanding of mental health laws, diagnosis, and treatment procedures;

(e) the procedure for categorical certification qualifying the level of professional authority and responsibility of an individual; and

(f) specific procedures for certification, recertification, and revocation of certification.
Mont. Code Ann. § 53-30-604 — MT Code / Title 53 / Chapter 30 / Part 6 / Section 53-30-604
53-30-604 Department duties and responsibilities -- rulemaking authority
Status: in_force

53-30-604 . Department duties and responsibilities -- rulemaking authority. (1) (a) The department shall adopt administrative rules that include the minimum applicable standards for the siting, construction, operation, and physical condition of a private correctional facility and for the security, safety, health, treatment, and discipline of persons confined in a private correctional facility.

(b) The administrative rules must require that a private correctional facility conform to applicable American correctional association and national commission on correctional health care standards for the facility and achieve accreditation from the American correctional association and national commission on correctional health care within 3 years from the date the facility begins operation.

(c) The administrative rules must provide for review and approval of facility design and construction by the department of administration.

(2) Within 90 days of May 2, 1997, and on a biennial basis, the department shall publish a description of the long-range correctional needs, objectives, and goals of the department and the state.

(3) The department shall at least annually inspect each private correctional facility to determine compliance with this part, applicable American correctional association and national commission on correctional health care standards, department rules, and contract requirements.

(4) The department shall present a report of compliance inspections to the legislature in accordance with 5-11-210 .
Mont. Code Ann. § 53-21-142 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-142
53-21-142 Rights of persons admitted to facility
Status: in_force

53-21-142 . Rights of persons admitted to facility. Patients admitted to a mental health facility, whether voluntarily or involuntarily, have the following rights:

(1) Patients have a right to privacy and dignity.

(2) Patients have a right to the least restrictive conditions necessary to achieve the purposes of commitment. Patients must be accorded the right to appropriate treatment and related services in a setting and under conditions that:

(a) are the most supportive of the patient's personal liberty; and

(b) restrict the patient's liberty only to the extent necessary and consistent with the patient's treatment need, applicable requirements of law, and judicial orders.

(3) Patients have rights to visitation and reasonable access to telephone communications, including the right to converse with others privately, except to the extent that the professional person responsible for formulation of a particular patient's treatment plan writes an order imposing special restrictions. The written order must be renewed after each periodic review of the treatment plan if any restrictions are to be continued. Patients have an unrestricted right to visitation with attorneys, with spiritual counselors, and with private physicians and other professional persons.

(4) Patients have an unrestricted right to send sealed mail. Patients have an unrestricted right to receive sealed mail from their attorneys, private physicians and other professional persons, the mental disabilities board of visitors, courts, and government officials. Patients have a right to receive sealed mail from others except to the extent that a professional person responsible for formulation of a particular patient's treatment plan writes an order imposing special restrictions on receipt of sealed mail. The written order must be renewed after each periodic review of the treatment plan if any restrictions are to be continued.

(5) Patients have an unrestricted right to have access to letter-writing materials, including postage, and have a right to have staff members of the facility assist persons who are unable to write, prepare, and mail correspondence.

(6) Patients have a right to wear their own clothes and to keep and use their own personal possessions, including toilet articles, except to the extent that clothes or personal possessions may be determined by a professional person in charge of the patient's treatment plan to be dangerous or otherwise inappropriate to the treatment regimen. The facility has an obligation to supply an adequate allowance of clothing to any patients who do not have suitable clothing of their own. Patients must have the opportunity to select from various types of neat, clean, and seasonable clothing. The clothing must be considered the patient's throughout the patient's stay at the facility. The facility shall make provision for the laundering of patient clothing.

(7) Patients have the right to keep and be allowed to spend a reasonable sum of their own money.

(8) Patients have the right to religious worship. Provisions for worship must be made available to all patients on a nondiscriminatory basis. An individual may not be required to engage in any religious activities.

(9) Patients have a right to regular physical exercise several times a week. The facility shall provide facilities and equipment for physical exercise. Patients have a right to be outdoors at regular and frequent intervals in the absence of contrary medical considerations.

(10) Patients have the right to be provided, with adequate supervision, suitable opportunities for interaction with members of the opposite sex, as defined in 1-1-201 , except to the extent that a professional person in charge of the patient's treatment plan writes an order stating that the interaction is inappropriate to the treatment regimen.

(11) Patients have a right to receive prompt and adequate medical treatment for any physical ailments. In providing medical care, the mental health facility shall take advantage of whatever community-based facilities are appropriate and available and shall coordinate the patient's treatment for mental illness with the patient's medical treatment.

(12) Patients have a right to a diet that will provide at a minimum the recommended daily dietary allowances as developed by the national academy of sciences. Provisions must be made for special therapeutic diets and for substitutes at the request of the patient or the friend of respondent in accordance with the religious requirements of any patient's faith. Denial of a nutritionally adequate diet may not be used as punishment.

(13) Patients have a right to a humane psychological and physical environment within the mental health facilities. These facilities must be designed to afford patients with comfort and safety, promote dignity, and ensure privacy. The facilities must be designed to make a positive contribution to the efficient attainment of the treatment goals set for the patient. In order to ensure the accomplishment of this goal:

(a) regular housekeeping and maintenance procedures that will ensure that the facility is maintained in a safe, clean, and attractive condition must be developed and implemented;

(b) there must be special provision made for geriatric and other nonambulatory patients to ensure their safety and comfort, including special fittings on toilets and wheelchairs. Appropriate provision must be made to permit nonambulatory patients to communicate their needs to the facility staff.

(c) pursuant to an established routine maintenance and repair program, the physical plant of each facility must be kept in a continuous state of good repair and operation in accordance with the needs of the health, comfort, safety, and well-being of the patients;

(d) each facility must meet all fire and safety standards established by the state and locality. In addition, any hospital must meet the provisions of the life safety code of the national fire protection association that are applicable to hospitals. A hospital must meet all standards established by the state for general hospitals to the extent that they are relevant to psychiatric facilities.

(14) A patient at a facility has the right:

(a) to be informed of the rights described in this section at the time of admission and periodically after admission in language and terms appropriate to the patient's condition and ability to understand;

(b) to assert grievances with respect to infringement of the rights described in this section, including the right to have a grievance considered in a fair and timely manner according to an impartial grievance procedure that must be provided for by the facility; and

(c) to exercise the rights described in this section without reprisal and may not be denied admission to the facility as reprisal for the exercise of the rights described in this section.

(15) In order to assist a person admitted to a program or facility in the exercise or protection of the patient's rights, the patient's attorney, advocate, or legal representatives must be given reasonable access to:

(a) the patient;

(b) the program or facility areas where the patient has received treatment or has resided or the areas to which the patient has had access; and

(c) pursuant to the written authorization of the patient, records and information pertaining to the patient's diagnosis, treatment, and related services.

(16) A person admitted to a facility must be given access to any available individual or service that provides advocacy for the protection of the person's rights and that assists the person in understanding, exercising, and protecting the person's rights as described in this section.

(17) This section may not:

(a) obligate a professional person to administer treatment contrary to the professional's clinical judgment;

(b) prevent a facility from discharging a patient for whom appropriate treatment, consistent with the clinical judgment of a professional person responsible for the patient's treatment, is or has become impossible to administer because of the patient's refusal to consent to the treatment;

(c) require a facility to admit a person who has, on prior occasions, repeatedly withheld consent to appropriate treatment; or

(d) obligate a facility to treat a person admitted to the facility solely for diagnostic evaluation.
Mont. Code Ann. § 53-20-174 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-174
53-20-174 Autism facilities special revenue account
Status: in_force

53-20-174 . Autism facilities special revenue account. (1) There is an autism facilities account in the state special revenue fund established in 17-2-102 to the credit of the department of public health and human services.

(2) The purpose of the account is to provide funding for autism facilities grants awarded in accordance with 53-20-173 .

(3) The account consists of

(a) money appropriated to or transferred into the account by the legislature;

(b) any funds available through and identified by the department for the autism facilities grant program; and

(c) gifts, grants, or donations made for the purposes of 53-20-173 .
Mont. Code Ann. § 53-30-156 — MT Code / Title 53 / Chapter 30 / Part 1 / Section 53-30-156
53-30-156 Preapprenticeship training program for inmates
Status: in_force

53-30-156 . (Temporary) Preapprenticeship training program for inmates. The department of corrections shall meet with labor union and building trades representatives for the purposes of developing a preapprenticeship training program for inmates participating in the construction program to help ensure the inmates' successful transition into the construction industry upon release from prison. (Terminates December 30, 2026--sec. 6, Ch. 461, L. 2025.)
Mont. Code Ann. § 53-6-115 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-115
53-6-115 Contracts with other agencies
Status: in_force

53-6-115 . Contracts with other agencies. The department of public health and human services may by suitable rules provide for contracting with any state or private agency for processing and payment of claims under the program of medical assistance, and the department may contract with one or more private or state agencies to provide any or all of the enumerated medical services.
Mont. Code Ann. § 53-18-101 — MT Code / Title 53 / Chapter 18 / Part 1 / Section 53-18-101
53-18-101 Definitions
Status: in_force

53-18-101 . Definitions. As used in this part, the following definitions apply:

(1) "Department" means the department of public health and human services provided for in 2-15-2201 .

(2) "Self-sufficiency trust" means a trust created by a nonprofit corporation that is a 501(c)(3) organization under the Internal Revenue Code, 26 U.S.C. 501(c)(3), as amended, and that was organized under the Montana Nonprofit Corporation Act, Title 35, chapter 2, for the purpose of providing for the care and treatment of one or more persons who are residents of this state and are persons with developmental disabilities, mental illness, or physical disabilities or are otherwise eligible for department services, as defined by the department.
Mont. Code Ann. § 53-19-110 — MT Code / Title 53 / Chapter 19 / Part 1 / Section 53-19-110
53-19-110 Eligibility for residential services in community home for persons with severe disabilities
Status: in_force

53-19-110 . Eligibility for residential services in community home for persons with severe disabilities. (1) The department, in its discretion and in accordance with this part, may determine eligibility for residential services in a community home for persons with severe disabilities, based on the residential needs of the person and on the availability of residential services. Any person with a severe disability, as defined in 52-4-202 , may be considered for placement in a community home, regardless of the source of funding for the person's residential services.

(2) A person who has a primary diagnosis of mental illness or who receives mental health services under Title 53, chapter 21, is not eligible for placement in a community home for persons with severe disabilities unless the person is eligible for and receiving services under this part and Title VII of the federal Rehabilitation Act of 1973, 29 U.S.C. 796, et seq., as may be amended, or Title XIX of the Social Security Act, 42 U.S.C. 1396, et seq., as may be amended.
Mont. Code Ann. § 53-21-1206 — MT Code / Title 53 / Chapter 21 / Part 12 / Section 53-21-1206
53-21-1206 Treatment and discharge plan -- safety -- rights
Status: in_force

53-21-1206 . Treatment and discharge plan -- safety -- rights. (1) For each respondent admitted as an inpatient to a mental health facility for short-term inpatient treatment pursuant to 53-21-1205 and this section, the provisions of 53-21-162 and 53-21-180 apply, except as follows:

(a) the comprehensive physical and mental examination and review of behavioral status must be completed within 24 hours of admission;

(b) the individualized treatment plan must be implemented no later than 3 days after the admission; and

(c) a discharge plan must be developed prior to discharge.

(2) Short-term inpatient treatment must be provided in a manner that considers the safety of the respondent, other patients, staff, and the general public.

(3) A respondent in a mental health facility for short-term inpatient treatment is entitled to all of the rights and protections provided in part 1 of this chapter.
Mont. Code Ann. § 53-21-1011 — MT Code / Title 53 / Chapter 21 / Part 10 / Section 53-21-1011
53-21-1011 Continuation of services
Status: in_force

53-21-1011 . Continuation of services. This part may not be construed to prevent the continuation of services by or the facilities of existing community mental health centers or of any other appropriately certified or licensed mental health center or mental health professional.
Mont. Code Ann. § 53-4-1010 — MT Code / Title 53 / Chapter 4 / Part 10 / Section 53-4-1010
53-4-1010 Sharing of information
Status: in_force

53-4-1010 . (Temporary) Sharing of information. The department of public health and human services, health care providers, insurance companies, and other entities may share only health care information, medical records, income, and other participant eligibility information for the purposes of administering the program. The limitations on disclosure of information provided in 33-19-306 do not apply if they conflict with this part. To the extent possible, the information may not be disclosed in a manner that would violate the privacy of an individual or be released to any entity that is not necessary for the administration of the program. (Terminates on occurrence of contingency--sec. 15, Ch. 571, L. 1999.)
Mont. Code Ann. § 53-6-1601 — MT Code / Title 53 / Chapter 6 / Part 16 / Section 53-6-1601
53-6-1601 Purpose
Status: in_force

53-6-1601 . Purpose. The department of public health and human services shall establish a standardized cost reporting process for certain medicaid service providers. The cost report information will be used to inform the department and the legislature about the adequacy of medicaid rates.
Mont. Code Ann. § 53-21-144 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-144
53-21-144 Rights concerning photographs
Status: in_force

53-21-144 . Rights concerning photographs. (1) A person admitted to a mental health facility may be photographed for the clinical or administrative purposes of the facility. The photographs are confidential. Photographs may be released to a law enforcement agency when needed to aid in the search for a person who has left a facility without authorization from the facility's medical staff and when it is determined that the person is a self-threat or self-danger or a threat or danger to others at the time that the person left the facility. A law enforcement agency may not subsequently release photographs to the public or other persons unless authorized by a court order.

(2) Other nonmedical photographs may not be taken or used without consent of the patient or, if applicable, the patient's legal guardian or without a court order.
Mont. Code Ann. § 53-6-901 — MT Code / Title 53 / Chapter 6 / Part 9 / Section 53-6-901
53-6-901 Terminated
Status: in_force

53-6-901 . Terminated. Sec. 1, Ch. 28, L. 1999.
Mont. Code Ann. § 53-6-404 — MT Code / Title 53 / Chapter 6 / Part 4 / Section 53-6-404
53-6-404 Use of waiver funding
Status: in_force

53-6-404 . Use of waiver funding. (1) The department shall use money appropriated for home and community-based services waiver slots for the purpose of:

(a) creating waiver slots as authorized by the legislature; or

(b) addressing workforce shortages or other barriers to creating the number of waiver slots authorized by the legislature.

(2) Unencumbered funds appropriated for home and community-based services waiver slots for use by a particular division may not be transferred to another department division or program. The money must be used for the program for which it was appropriated or be reverted to the fund from which it was appropriated.

(3) The department shall report annually to the legislative finance committee in accordance with 5-11-210 on the status of appropriations for home and community-based services waiver slots.
Mont. Code Ann. § 53-6-146 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-146
53-6-146 Protection of tribal and Indian health service facilities from cost-shifting -- seeking to leverage federal financial participation for state children's health insurance program and medicaid
Status: in_force

53-6-146 . Protection of tribal and Indian health service facilities from cost-shifting -- seeking to leverage federal financial participation for state children's health insurance program and medicaid. (1) The department shall seek exemptions under federal medicaid law or regulations to protect Indian health services and tribal facilities from changes in eligibility categories, covered services, and reimbursement levels under the medicaid program that could potentially result in a direct shift of costs from the 100% federal medicaid matching available under medicaid to either Indian health services or tribally sponsored health care services.

(2) The department shall work with tribes or representatives from the federal Indian health service to seek mechanisms, including, if necessary, a waiver of federal law as permitted by section 1915 of Title XIX of the Social Security Act, 42 U.S.C. 1396n(b), to ensure that federal Indian health service-eligible medicaid participants who live on reservations may have any prescription filled at tribal or Indian health service health care facilities.

(3) The department shall work with tribes to explore the options for the state children's health insurance program to leverage 100% federal financial participation for health care services to Indian children.

(4) The department shall engage the federal centers for medicare and medicaid services and the United States congress to support efforts to have all services provided by and referred from an Indian health service included in the state medicaid plan eligible for the 100% federal financial participation match under medicaid regardless of the location where services are provided.

(5) (a) The department shall develop a policy and process to periodically review Indian-eligibility issues as they relate to medicaid and to include tribal government, urban Indian, and Indian health service representation in the development of a policy and process. Reviews conducted by the department in areas on or near reservations or in urban areas with significant Indian populations must include consultation with representatives of tribal governments and urban Indian programs.

(b) The department shall explore the issues and feasibility of applying for a federal waiver of medicaid law for a demonstration project to delegate authority to eligible tribes for determination and certification of medicaid eligibility.

(6) The department shall work with tribes to foster a spirit of cooperation, to identify and remove current institutional barriers that limit the participation of tribal members in the medicaid program, and to develop strategies, including education, to improve the mechanics of providing medicaid services to Indians by:

(a) ensuring that tribes have an adequate opportunity to review and verify data used to monitor medicaid services and eligibility status and to modify or promote changes in medicaid policy;

(b) consulting with tribal and urban Indian representatives on the effective use and appropriate sources of information on health care needs of Indians;

(c) at the request of a tribal representative, conducting technical assistance workshops to address issues specific to tribal needs regarding matters of centralized billing procedures, sound health care business practices, and development of needed health care infrastructure; and

(d) in compliance with the requirements of 2-15-141 through 2-15-143 , consulting with tribes on any policy changes that may impact services or programs operated by tribes.
Mont. Code Ann. § 53-30-602 — MT Code / Title 53 / Chapter 30 / Part 6 / Section 53-30-602
53-30-602 Definitions
Status: in_force

53-30-602 . Definitions. As used in this part, the following definitions apply:

(1) "Department" means the department of corrections provided for in 2-15-2301 .

(2) (a) "Private correctional facility" means a correctional facility that is either privately operated or privately owned and operated.

(b) The term does not include a private detention center or a regional jail governed by Title 7, chapter 32, part 22.
Mont. Code Ann. § 53-21-183 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-183
53-21-183 Release conditioned on receipt of outpatient care
Status: in_force

53-21-183 . Release conditioned on receipt of outpatient care. (1) When, in the opinion of the professional person in charge of a mental health facility providing involuntary treatment, the committed person can be appropriately served by outpatient care prior to the expiration of the period of commitment, then outpatient care may be required as a condition for early release for a period that, when added to the inpatient treatment period, except as provided in 53-21-198 , may not exceed the period of commitment. If the mental health facility designated to provide outpatient care is other than the facility providing involuntary treatment, the designated outpatient facility shall agree in writing to assume the responsibility.

(2) The mental health facility designated to provide outpatient care or the professional person in charge of the patient's case may modify the conditions for continued release when the modification is in the best interest of the patient. This includes the authorization to transfer the patient to another mental health facility designated to provide outpatient care, if the transfer is in the best interest of the patient and the designated outpatient facility agrees in writing to assume responsibility. Notice of an intended transfer must be given to the professional person in charge of the mental health facility that provided the involuntary treatment.

(3) Notice in writing to the court that committed the patient for treatment and the county attorney who initiated the action must be provided by the professional person in charge of the patient at least 5 days prior to the patient's release from commitment or outpatient care. Failure to comply with the notice requirement may not delay the release of the patient from commitment or outpatient care.

(4) Sections 53-21-195 through 53-21-198 and this section do not apply to a temporary release, certified by the professional person in charge of the mental health facility, from the facility for the purposes of a home visit not exceeding 30 days.
Mont. Code Ann. § 53-3-116 — MT Code / Title 53 / Chapter 3 / Part 1 / Section 53-3-116
53-3-116 Indigent assistance -- optional county program
Status: in_force

53-3-116 . Indigent assistance -- optional county program. (1) A county may provide a program of indigent assistance that it determines necessary. The program may include assistance for food, clothing, shelter, transportation, and medical assistance for individuals not eligible for state or federal programs providing similar assistance. A county may provide for the burial, entombment, or cremation of indigents. The indigent assistance program of the county includes:

(a) job search, job training, work-for-assistance, and employment programs; and

(b) health care, preventive care, and wellness programs as determined by the county commissioners.

(2) A county may establish the criteria for determining eligibility for assistance, including but not limited to residency requirements, limits on income and resources, and the amount, scope, and duration of assistance.

(3) A county may deny assistance for a reasonable period if a person has voluntarily left employment without good cause or is discharged due to misconduct.

(4) The program may be funded with money derived from a county mill levy as authorized by law.

(5) A person is indigent for purposes of this subsection if the value of all income and resources available to pay for that person's burial, entombment, or cremation at the time of death is less than the negotiated amount due the funeral home or mortician for an indigent burial. Available income and resources may be determined by the county.

(6) A county may not deduct amounts that may be recovered from resources of a deceased indigent from a contract amount due a funeral home or mortician for burial services provided under 7-4-2915 or this section. A funeral home or a mortician that recovers an amount in excess of a contract amount paid under this subsection shall reimburse the county for the amount recovered up to the amount of the contract.
Mont. Code Ann. § 53-21-701 — MT Code / Title 53 / Chapter 21 / Part 7 / Section 53-21-701
53-21-701 Mental health managed care allowed -- contract
Status: in_force

53-21-701 . Mental health managed care allowed -- contract. (1) The department of public health and human services may contract with one or more persons for the management of comprehensive mental health services for medicaid recipients, as provided in 53-6-116 , and for persons in households not eligible for medicaid with family income that does not exceed 160% of the federal poverty threshold or that does not exceed a lesser amount determined in the discretion of the department. The department shall determine whether or not a potential contractor that will serve medicaid enrollees is a managed health care entity, as defined in 53-6-702 , prior to entering into a contract and shall ensure that each contractor that qualifies as a managed health care entity complies with the provisions of Title 53, chapter 6, part 7, for the medicaid portion of the program.

(2) A managed care system is a program organized to serve the mental health needs of recipients in an efficient and cost-effective manner by managing the receipt of comprehensive mental health care and services for a geographical or otherwise defined population of recipients through appropriate health care professionals. The management of mental health care services must provide for services in the most cost-effective manner through coordination and management of the appropriate level of care and appropriate level of services.

(3) The department may enter into one or more contracts with a managed health care entity for the administration or delivery of mental health services. These contracts may be based upon a fixed monetary amount or a capitated amount for each individual, and a contractor may assume all or a part of the financial risk of providing and making payment for services to a set population of eligible individuals if the contractor has complied with Title 33, chapter 31, and Title 53, chapter 6, part 7. The department may require the participation of recipients in managed care systems based upon geographical, financial, medical, or other factors that the department may determine are relevant to the development and efficient operation of the managed care systems. Any contract for delivery of mental health care services that includes hospitalization or physician services, or both, must include a provision that, prior to final award of a contract, a successful bidder that serves adults shall enter into an agreement regarding the Montana state hospital and the Montana mental health nursing care center that is consistent with 53-1-402 , 53-1-413 , and 90-7-312 and that includes financial incentives for the development and use of community-based services, rather than the use of the state institutional services.

(4) The department shall formally evaluate contract performance with regard to specific outcome measures. The department shall explicitly identify performance and outcome measures that contractors are required to achieve in order to comply with contract requirements and to continue the contract. The contract must provide for progressive intermediate sanctions that may be imposed for nonperformance. The contract performance evaluation must include a section concerning contract enforcement, including any sanctions imposed along with the rationale for not imposing a sanction when the imposition is authorized. The evaluation must be performed at least annually.
Mont. Code Ann. § 53-20-210 — MT Code / Title 53 / Chapter 20 / Part 2 / Section 53-20-210
53-20-210 Application to reservation Indians
Status: in_force

53-20-210 . Application to reservation Indians. For purposes of this part, Indian people living within federal Indian reservations shall be entitled to all services provided for under this part.
Mont. Code Ann. § 53-6-106 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-106
53-6-106 Health care facility standards -- definitions
Status: in_force

53-6-106 . Health care facility standards -- definitions. (1) For purposes of 53-6-106 through 53-6-108 , the following definitions apply:

(a) "Department" means the department of public health and human services.

(b) "Health care facility" means a health care facility as defined in 50-5-101 and includes a public health center as defined in 7-34-2102 .

(2) The department may enter into agreements with appropriate federal agencies for the purpose of certifying health care facilities for the Montana medicaid program.

(3) The department may adopt rules as necessary to prescribe minimum standards for the maintenance and operation of health care facilities. Standards for the quality of care provided by those facilities receiving reimbursement under the Montana medicaid program must be consistent with those requirements imposed upon health care facilities by Title XIX of the federal Social Security Act, 42 U.S.C. 1396, et seq., as may be amended, and by the implementing regulations contained in Title 42 of the Code of Federal Regulations, as may be amended. The authority to prescribe standards and adopt rules under 53-6-106 through 53-6-108 is in addition to the authority granted to the department pursuant to Title 50, chapter 5.

(4) Standards adopted by the department may include but are not limited to requirements in the following areas: staffing, fire protection, health and safety, food and nutrition, environmental and sanitation, administration, admission policies, patient care planning, training, medication, health services, rehabilitation services, and social services and activities.
Mont. Code Ann. § 53-21-133 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-133
53-21-133 Transfer to nonstate facilities
Status: in_force

53-21-133 . Transfer to nonstate facilities. (1) If a person is committed under the provisions of this part and is eligible for hospital care or treatment by an agency of the United States and if a certificate of notification from the agency showing that facilities are available and that the person is eligible for care or treatment is received, the court may order the person to be placed in the custody of the agency for hospitalization. The chief officer of any hospital or institution operated by an agency and in which a person is hospitalized is vested with the same powers as the superintendent of the state hospital with respect to detention, custody, transfer, conditional release, or discharge of the person. Jurisdiction must be retained in the appropriate courts of this state to inquire into the mental condition of persons hospitalized under this section and to determine the necessity for continuance of their hospitalization.

(2) Consistent with other provisions of this part, a person committed under this part for a period of 3 months or longer may be committed by the court to the custody of friends or next of kin residing outside the state or to a mental health facility located outside the state if the out-of-state facility agrees to receive the patient. The commitment may not be for a longer period of time than is permitted within the state. If the patient is indigent, the expense of supporting the patient in an out-of-state facility and the expense of transportation must be borne by the state of Montana.

(3) The transfer out of Montana of persons committed under the provisions of this part or into Montana under the laws of another jurisdiction must be governed by the provisions of the Interstate Compact on Mental Health.
Mont. Code Ann. § 53-1-603 — MT Code / Title 53 / Chapter 1 / Part 6 / Section 53-1-603
53-1-603 Powers and duties of department of public health and human services
Status: in_force

53-1-603 . Powers and duties of department of public health and human services. The department of public health and human services shall:

(1) adopt rules for the admission, custody, transfer, and release of persons in department programs except as otherwise provided by law. However, rules adopted by the department may not amend or alter the statutory powers and duties of the board of pardons and parole.

(2) subject to the functions of the department of administration, lease or purchase lands for use by institutions and classify those lands to determine those that may be most profitably used for agricultural purposes, taking into consideration the needs of all institutions for the food products that can be grown or produced on the lands and the relative value of agricultural programs in the treatment or rehabilitation of the persons confined in the institutions;

(3) use the staff and services of other state agencies and units of the Montana university system, within their respective statutory functions, to carry out its functions under this title;

(4) propose programs to the legislature to meet the projected long-range needs of institutions, including programs and facilities for the diagnosis, treatment, care, and aftercare of persons placed in institutions; and

(5) encourage the establishment of programs at the local level for the prevention and rehabilitation of disabilities as they relate to mental illness and chemical dependency.
Mont. Code Ann. § 53-6-195 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-195
53-6-195 Medicaid program for workers with disabilities -- purpose -- eligibility -- participant costs
Status: in_force

53-6-195 . Medicaid program for workers with disabilities -- purpose -- eligibility -- participant costs. (1) If appropriations specific for this purpose are provided by the legislature and federal approval of the necessary amendments to the state medicaid plan is secured, the department shall administer a medicaid program that allows individuals with disabilities to participate in the medicaid program if they obtain employment that increases their incomes above eligibility limits. Participants in the program may be required to pay a portion of the costs for participation. The purpose of the program is to support employment for individuals with disabilities by providing medicaid coverage to individuals who would otherwise be ineligible for medicaid due to earnings that exceed the medicaid program's income limits.

(2) The medicaid program provided for under this section must be implemented in accordance with the provisions of 42 U.S.C 1396a(a)(10)(A)(ii)(XIII) and (r)(2).

(3) An employed individual is eligible for the program if the individual:

(a) has a net family income that is less than 250% of the federal poverty level;

(b) would be categorically eligible for medicaid because the individual is disabled as defined under Title XVI of the Social Security Act, 42 U.S.C. 1382c, except that the person has or has had earnings above the level for substantial gainful activity;

(c) has income and resources equal to or below the income and resource limits established by the department by rule, which may be less stringent than the income and resource limits for supplemental security income benefits; and

(d) satisfies all other eligibility criteria established by the department by rule.

(4) The department may establish:

(a) requirements for the employment status of participants, the verification of employment status, and permissible temporary breaks in employment;

(b) requirements, limitations, and definitions pertaining to the income and resources of participants;

(c) only to the extent allowed under 42 U.S.C. 1396o, requirements for payment of premiums, deductions, and cost sharing as a condition for participating in the program.

(5) The department shall, to the extent allowed by appropriations levels and under applicable state and federal law, coordinate the medicaid program provided for under this section with other state and federal programs and resources that promote opportunities for persons with disabilities to retain, regain, and maintain employment.
Mont. Code Ann. § 53-21-1203 — MT Code / Title 53 / Chapter 21 / Part 12 / Section 53-21-1203
53-21-1203 State matching fund grants for county and tribal government crisis intervention, jail diversion, precommitment, and short-term inpatient treatment costs
Status: in_force

53-21-1203 . State matching fund grants for county and tribal government crisis intervention, jail diversion, precommitment, and short-term inpatient treatment costs. (1) As soon as possible after July 1 of each new biennium, from funds appropriated by the legislature for the purposes of this section, the department shall grant to each eligible county or federally recognized tribal government state matching funds for:

(a) jail diversion and crisis intervention services to implement 53-21-1201 and 53-21-1202 ;

(b) insurance coverage against catastrophic precommitment costs if a county insurance pool is established pursuant to 2-9-211 ; and

(c) short-term inpatient treatment.

(2) Grant amounts must be based on available funding and the prospects that a plan submitted pursuant to subsection (3) will, if implemented, reduce admissions to the state hospital for emergency and court-ordered detention and evaluation and ultimately result in cost savings to the state. The department shall develop a sliding scale for state grants based upon the historical use of the state hospital with a high-use applicant receiving a lower percentage of matching funds. The sliding scale must be based upon the number of admissions by applicant region compared to total admissions and upon the population of the applicant region compared to the state population.

(3) In order to be eligible for the state matching funds, a county or federally recognized tribal government shall, in the time and manner prescribed by the department:

(a) apply for the funds and include in the grant application a detailed plan for how the applicant and other local entities will collaborate and commit local funds for the mental health services listed in subsection (1);

(b) develop and submit to the department a county, tribal, or regional jail diversion and crisis intervention services strategic plan pursuant to 53-21-1201 and 53-21-1202 , including a plan for community-based or regional emergency and court-ordered detention and examination services and short-term inpatient treatment;

(c) participate in a statewide or regional county insurance plan for precommitment costs under 53-21-132 if a statewide or regional insurance plan has been established as authorized under 2-9-211 ;

(d) participate in a statewide or regional jail suicide prevention program if one has been established by the department for the state or for the region in which the applicant is situated; and

(e) collect and report data and information on jail diversion, crisis intervention, and short-term inpatient treatment services in the form and manner prescribed by the department to support program evaluation and measure progress on performance goals.

(4) (a) Money appropriated for the purposes of this section must be used in the following order to:

(i) create crisis intervention or jail diversion services in areas of the state that currently lack services;

(ii) provide new crisis intervention or jail diversion services in areas of the state that have received state matching funds pursuant to this section for other purposes; or

(iii) recognize an increase in the demand for or use of services that have received funding in previous years.

(b) If money from the appropriation remains after grants have been allocated as provided in subsection (4)(a), the department shall provide continued support of projects funded in the previous biennium with state matching fund grants if a county or tribal government requests continued funding of the services created or provided through use of the matching funds. The department shall allocate funds provided pursuant to this subsection (4)(b) according to a formula adopted by the department by rule.
Mont. Code Ann. § 53-1-410 — MT Code / Title 53 / Chapter 1 / Part 4 / Section 53-1-410
53-1-410 Nonpayment not grounds for discharge
Status: in_force

53-1-410 . Nonpayment not grounds for discharge. A resident of an institution listed in 53-1-402 may not be discharged by reason of the nonpayment of the resident's cost of care unless, by certification of a physician consulted by the superintendent of the institution, the discharge is medically advisable.
Mont. Code Ann. § 53-20-143 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-143
53-20-143 Right not to be fingerprinted
Status: in_force

53-20-143 . Right not to be fingerprinted. No person admitted to or in a residential facility shall be fingerprinted unless required by other provisions of law.
Mont. Code Ann. § 53-6-502 — MT Code / Title 53 / Chapter 6 / Part 5 / Section 53-6-502
53-6-502 Traumatic brain injury trust fund established -- source of funds -- uses
Status: in_force

53-6-502 . Traumatic brain injury trust fund established -- source of funds -- uses. (1) There is an account in the state special revenue fund to be used to establish a traumatic brain injury trust fund.

(2) The trust fund consists of donations or grants received for the purpose of providing services for persons suffering from traumatic brain injury.

(3) The money in this account must be used solely for planning, coordinating, and providing services to persons suffering from traumatic brain injury.
Mont. Code Ann. § 53-19-316 — MT Code / Title 53 / Chapter 19 / Part 3 / Section 53-19-316
53-19-316 Service provider required to hold fee in trust for state penalty and interest
Status: in_force

53-19-316 . Service provider required to hold fee in trust for state penalty and interest. (1) Each service provider required to collect the fee imposed by 53-19-311 holds the fee in trust for the state of Montana and for payment of the fee to the department as provided in 53-19-311 .

(2) (a) A service provider that fails to file the return required in 53-19-311 must be assessed a penalty as provided in 15-1-216 . The department may waive any penalty as provided in 15-1-206 .

(b) A service provider that fails to make payment or fails to report and make payment as required by 53-19-311 must be assessed penalty and interest as provided in 15-1-216 . The department may waive any penalty pursuant to 15-1-206 .

(c) Interest on fees not paid when due is assessed in the same manner as taxes not paid when due as provided in 15-1-216 .

(3) (a) If a service provider fails to file the return required by 53-19-311 or if the department determines that the report understates the amount of fees due, the department may determine the amount of the fees due and assess that amount against the service provider. The provisions of 15-1-211 apply to any assessment by the department. The service provider may seek review of the assessment pursuant to 15-1-211 .

(b) When a deficiency is determined and the amount due becomes final, the department shall mail a notice and demand for payment to the owner or operator. Penalty and interest must be added to any deficiency as provided in 15-1-216 .
Mont. Code Ann. § 53-21-1404 — MT Code / Title 53 / Chapter 21 / Part 14 / Section 53-21-1404
53-21-1404 Claims and reimbursement -- exceptions
Status: in_force

53-21-1404 . Claims and reimbursement -- exceptions. (1) The department shall adopt and make available a fee schedule for crisis stabilization services.

(2) Claims for crisis stabilization services provided pursuant to this part must be submitted to the department as provided by rule.

(3) Providers shall accept the amounts payable under this section as payment in full for services delivered to eligible individuals during the presumptive eligibility period.

(4) Services delivered to an individual in crisis may not be reimbursed if:

(a) the services delivered were not approved for reimbursement by the department; or

(b) the provider is not enrolled with the department.
Mont. Code Ann. § 53-21-1334 — MT Code / Title 53 / Chapter 21 / Part 13 / Section 53-21-1334
53-21-1334 Immunities
Status: in_force

53-21-1334 . Immunities. (1) A health care provider or institution acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider or institution is not subject to civil or criminal liability or discipline for unprofessional conduct for:

(a) complying with a health care decision of an agent who has authority under a directive to make a health care decision for a principal, including a decision to withhold or withdraw health care;

(b) declining to comply with a health care decision of a person claiming to be an agent based on a good faith belief that the person then lacked authority; or

(c) complying with a directive and assuming that the directive was valid when made and has not been revoked or terminated.

(2) A person acting as agent under this part is not subject to civil or criminal liability or discipline for unprofessional conduct for health care decisions made in good faith.
Mont. Code Ann. § 53-20-202 — MT Code / Title 53 / Chapter 20 / Part 2 / Section 53-20-202
53-20-202 Definitions
Status: in_force

53-20-202 . Definitions. As used in this part, the following definitions apply:

(1) "Comprehensive developmental disability system" means a system of services, including but not limited to the following basic services, with the intention of providing alternatives to institutionalization:

(a) evaluation services;

(b) diagnostic services;

(c) treatment services;

(d) day-care services;

(e) training services;

(f) education services;

(g) employment services;

(h) recreation services;

(i) personal-care services;

(j) domiciliary-care services;

(k) special living arrangements services;

(l) counseling services;

(m) information and referral services;

(n) follow-along services;

(o) protective and other social and sociolegal services, including case management services as defined in 42 CFR 440.169; and

(p) transportation services.

(2) "Department" means the department of public health and human services.

(3) "Developmental disabilities" means disabilities attributable to intellectual disability, cerebral palsy, epilepsy, autism, or any other neurologically disabling condition closely related to intellectual disability and requiring treatment similar to that required by intellectually disabled individuals if the disability originated before the person attained age 18, has continued or can be expected to continue indefinitely, and results in the person having a substantial disability.

(4) "Developmental disabilities facility" means any service or group of services offering care to persons with developmental disabilities on an inpatient, outpatient, residential, clinical, or other programmatic basis.

(5) "Legal resident" means a person who maintains Montana as the person's principal establishment, home of record, or permanent home and where, whenever absent due to military obligation, the person intends to return.

(6) "Military dependent" means a child of a military service member.

(7) "Military service" means service in the armed forces or armed forces reserves or membership in the Montana national guard.

(8) "Military service member" means a person who is currently in military service or who has separated from military service in the previous 18 months either through retirement or military separation.
Mont. Code Ann. § 53-9-101 — MT Code / Title 53 / Chapter 9 / Part 1 / Section 53-9-101
53-9-101 Short title
Status: in_force

53-9-101 . Short title. This part may be cited as "The Crime Victims Compensation Act of Montana".
Mont. Code Ann. § 53-20-209 — MT Code / Title 53 / Chapter 20 / Part 2 / Section 53-20-209
53-20-209 Eligibility for services
Status: in_force

53-20-209 . Eligibility for services. (1) A person suspected of having a developmental disability is eligible for an evaluation to determine whether the person is a person with developmental disabilities.

(2) If the department determines through a screening process that a person with developmental disabilities is in need of available services and those services can be provided to the person, the department may provide services available under Title 53, chapter 20, part 3, and this part.
Mont. Code Ann. § 53-22-105 — MT Code / Title 53 / Chapter 22 / Part 1 / Section 53-22-105
53-22-105 Court review
Status: in_force

53-22-105 . Court review. The compact administrator is directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from an institution in this state to an institution in another party state, to not make a transfer out of the state without approval of the district or probate court. Before granting approval, the court shall hold hearings that it considers appropriate. In addition, the court shall designate some appropriate person to deliver written notice of the proposed transferee's right to a hearing to the proposed transferee and the transferee's guardian ad litem. The person serving the notices shall make a written return to the court that service has been made. At the conclusion of the hearing, if any, the court may approve the proposed transfer, order the release of the proposed transferee, or enter any other suitable order.
Mont. Code Ann. § 53-6-107 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-107
53-6-107 Sanctions -- penalties
Status: in_force

53-6-107 . Sanctions -- penalties. (1) The department may suspend, terminate, or refuse to renew an agreement with a health care facility that has failed to meet the requirements for certification for or participation in the Montana medicaid program under 53-6-106 through 53-6-108 or other applicable law. The department may also impose sanctions in the form of denial of medicaid payments for new admissions or other penalties or sanctions, as described in 53-6-111 or Title XIX of the Social Security Act, 42 U.S.C. 1396, et seq., as may be amended, and any implementing federal regulations.

(2) The department may impose a civil monetary penalty, with interest not to exceed 12% a year, for each day that a facility is substantially out of compliance with standards or participation requirements provided by applicable state or federal laws, regulations, or rules, including but not limited to standards adopted by the department under the authority of Title 50, chapter 5, or 53-6-106 through 53-6-108 . Penalties must be collected by the department and may be applied to the protection of the health and property of residents of health care facilities that the department finds deficient, including but not limited to payment for the costs of relocation of residents to other facilities, operation of a facility pending correction of deficiencies or closure, and reimbursement of residents for personal funds lost.

(3) The department may appoint temporary management personnel to oversee the operation of the facility and to ensure the health and safety of the facility's residents if there is a need for temporary management because:

(a) an orderly closure of the facility is necessary; or

(b) improvements are being made to bring the facility into compliance with applicable standards.

(4) The department shall, in the case of an emergency, close the facility or transfer residents in the facility to other facilities, or both.
Mont. Code Ann. § 53-4-212 — MT Code / Title 53 / Chapter 4 / Part 2 / Section 53-4-212
53-4-212 Department to adopt rules
Status: in_force

53-4-212 . Department to adopt rules. (1) The department shall adopt rules and take action as necessary or desirable for the administration of public assistance programs.

(2) Subject to subsection (3), the department shall adopt rules that may include but are not limited to rules concerning:

(a) eligibility requirements, including gross and net income limitations, resource limitations, and income and resource exclusions;

(b) amounts of assistance, methods for computing benefit amounts, and the length of time for which benefits may be granted;

(c) the degree of kinship required for a person to qualify as a specified caretaker relative in order to be eligible for assistance;

(d) procedures and policies for employment and training programs, requirements for participation in employment and training programs, and exemptions, if any, from participation requirements;

(e) requirements for specified caretaker relatives, including cooperation with assessments, the number of hours of participation required for each month, specific activities required to address employment barriers, and other terms of performance;

(f) eligibility for and terms and conditions of child-care assistance for cash assistance recipients, including maximum amounts of assistance payable and amounts of copayments required by specified caretaker relatives;

(g) eligibility criteria and participation requirements for nonfinancial assistance recipients;

(h) terms of ineligibility or sanctions against a specified caretaker relative or other family member who fails to enter into an individual responsibility plan or to comply with the individual's obligations under the plan;

(i) requirements, if any, for participation in a temporary assistance to needy families employment and training program;

(j) reporting requirements;

(k) sanctions, disqualification, or other penalties for failure or refusal to comply with the rules or requirements of a public assistance program;

(l) exemptions from the 60-month limitation on assistance provided in 53-4-231 based on hardship or for families that include an individual who has been battered or subjected to extreme cruelty, as defined in section 103 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 42 U.S.C. 608, including but not limited to the duration of the exemption;

(m) individuals who must be included as members of an assistance unit;

(n) categories of aliens who may receive assistance, if any;

(o) requirements relating to the assignment of child support rights and cooperation in establishing paternity and obtaining child support;

(p) requirements for eligibility and other terms and conditions of other programs to strengthen and preserve families;

(q) special eligibility or participation requirements applicable to teenage parents, if any;

(r) conditions under which assistance may be continued when an adult or a dependent child is temporarily absent from the home and the length of time for which assistance may be continued;

(s) any random drug testing or reporting requirements for persons who are required to comply with the conditions provided under 53-4-231 (3) and graduated sanctions that may include terms of ineligibility for violations of conditions of supervision or treatment requirements. The department may enter into agreements with the department of corrections regarding testing and reporting on offenders under the supervision of the department of corrections.

(t) approved educational programs, appropriate educational courses of study, employee assessment instruments, and administration of the Montana parents as scholars program provided for in 53-4-209 .

(3) The department shall adopt rules establishing a net income limit of 250% of the current federal poverty level for federal funds or state general fund money used for participating families in the child care for working caretaker relatives program. The department may incorporate an earned income work disregard of $200 and an additional 25% disregard from the household's gross income to determine the household's net income.
Mont. Code Ann. § 53-20-302 — MT Code / Title 53 / Chapter 20 / Part 3 / Section 53-20-302
53-20-302 Definition of community home -- limitation on number of residents
Status: in_force

53-20-302 . Definition of community home -- limitation on number of residents. (1) A community home for persons with developmental disabilities is a family-oriented residence or home designed to provide facilities for two to six persons with developmental disabilities, established as an alternative to existing state institutions.

(2) The department may waive the limit on the number of residents prescribed in subsection (1) for a community home licensed and in operation prior to October 1, 2025.