Mont. Code Ann. § 53-6-1315 — MT Code / Title 53 / Chapter 6 / Part 13 / Section 53-6-1315
53-6-1315 Montana HELP Act special revenue account
Status: in_force

53-6-1315 . Montana HELP Act special revenue account. (1) There is a Montana HELP Act account in the state special revenue fund to the credit of the department.

(2) Money from the following sources must be deposited in the account:

(a) the taxpayer integrity fees provided for in 15-30-2660 ;

(b) the outpatient hospital utilization fee provided for in 15-66-102 (3)(b);

(c) the health service corporation fee provided for in 33-2-714 ; and

(d) premiums paid by members pursuant to 53-6-1307 .

(3) Money in the account must be used to pay for:

(a) the state share of costs, including benefits and administrative costs, of providing health care services under this part; and

(b) grants made under the HELP Act employer grant program provided for in 39-12-106 .

(4) Money from the account must be used for the benefits and administrative costs of providing health care services under this part before any general fund is expended on the costs.
Mont. Code Ann. § 53-21-1209 — MT Code / Title 53 / Chapter 21 / Part 12 / Section 53-21-1209
53-21-1209 Terminated
Status: in_force

53-21-1209 . Terminated. Sec. 9, Ch. 416, L. 2019.
Mont. Code Ann. § 53-1-702 — MT Code / Title 53 / Chapter 1 / Part 7 / Section 53-1-702
53-1-702 Statewide 2-1-1 system
Status: in_force

53-1-702 . Statewide 2-1-1 system. The dialing code of 2-1-1 is created as the official state dialing code for public access to information and referral for safety, health, and human services and information about access to services in the event of a disaster or emergency.
Mont. Code Ann. § 53-1-408 — MT Code / Title 53 / Chapter 1 / Part 4 / Section 53-1-408
53-1-408 Periodic review by department of ability to pay
Status: in_force

53-1-408 . Periodic review by department of ability to pay. (1) The department shall review at least annually each determination of ability to pay, and if there has been a significant change in a resident's or financially responsible person's ability to pay, the department shall make a new determination.

(2) In addition to the annual review required by subsection (1), the department shall review a determination of ability to pay upon the request of a resident or financially responsible person if the person provides the department with documentation of a changed circumstance that would substantially affect the amount determined under 53-1-405 .

(3) A new determination of ability to pay may not be applied retroactively unless:

(a) the new determination results in a monthly payment amount that is less than the previous monthly payment amount; or

(b) the resident or financially responsible person has misrepresented or failed to provide any financial information or documentation that the person was obligated to provide under 53-1-406 and unless the resident or financially responsible person would have been required to pay a higher monthly amount based upon consideration of the complete and correct information and documentation.

(4) The department may adopt rules to implement the provisions of this section, including but not limited to rules for credit or refund of any overpayment resulting from an assessment retroactively reduced because of a new determination of ability to pay.
Mont. Code Ann. § 53-21-140 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-140
53-21-140 Use of electronic audio-video communication
Status: in_force

53-21-140 . Use of electronic audio-video communication. (1) A respondent's right to be present at a hearing, as provided in 53-21-115 (2) and 53-21-116 , is satisfied by:

(a) the respondent's physical appearance before the court; or

(b) in the discretion of the court, by electronic audio-video communication.

(2) For purposes of this chapter:

(a) electronic audio-video communication must allow all participants to be observed and heard simultaneously; and

(b) a hearing that is conducted by the use of electronic audio-video communication, allowing all of the participants to be observed and heard simultaneously, is considered to be a hearing in open court.
Mont. Code Ann. § 53-7-405 — MT Code / Title 53 / Chapter 7 / Part 4 / Section 53-7-405
53-7-405 Fair hearing
Status: in_force

53-7-405 . Fair hearing. A person with a severe visual impairment who applies for or is receiving independent living services under this part and is aggrieved by an action or inaction of the department is entitled to a fair hearing in accordance with the rules adopted by the department as provided in 53-7-406 .
Mont. Code Ann. § 53-3-111 — MT Code / Title 53 / Chapter 3 / Part 1 / Section 53-3-111
53-3-111 Confidentiality
Status: in_force

53-3-111 . Confidentiality. (1) Except as provided in 53-2-211 , personal information provided to or obtained by the department for the purposes of this chapter is confidential.

(2) Except as provided in 53-2-211 or as authorized by law, disclosure of confidential information concerning applicants for indigent assistance is restricted to purposes directly connected with the administration of programs administered by a local office of public assistance except as otherwise provided in this section.

(3) Confidential information may be released upon written consent of the applicant.

(4) Confidential information concerning an applicant may be released without prior consent if an emergency situation necessitates the release. The applicant must be informed of the release as soon as practicable.

(5) Confidential information may be released without notice or consent for the purpose of fraud investigation, collection of child support, the purposes of 53-2-211 , and third-party medical recovery.

(6) Confidential information may be released if directed by a court order.
Mont. Code Ann. § 53-4-1102 — MT Code / Title 53 / Chapter 4 / Part 11 / Section 53-4-1102
53-4-1102 Purpose
Status: in_force

53-4-1102 . Purpose. The purposes of this part are to:

(1) create the healthy Montana kids plan, which offers health coverage to uninsured children by increasing eligibility for the children's health insurance program and the Montana medicaid program and by helping families cover their children under employer-sponsored plans;

(2) provide for active enrollment of children in the plan; and

(3) fully utilize available federal funds to provide health coverage for children.
Mont. Code Ann. § 53-20-126 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-126
53-20-126 Maximum period of commitment or treatment plan
Status: in_force

53-20-126 . Maximum period of commitment or treatment plan. The court order approving the commitment to a residential facility or the imposition of the community treatment plan must specify the maximum period of time for which the person is committed or for which a community treatment plan is imposed. Except as provided in 53-20-602 for an individual committed to the intensive behavior center, the maximum period may not exceed 90 days for commitment to a residential facility or 1 year for the imposition of a community treatment plan.
Mont. Code Ann. § 53-2-504 — MT Code / Title 53 / Chapter 2 / Part 5 / Section 53-2-504
53-2-504 Unauthorized disclosure of information obtained in department of justice investigations a criminal act
Status: in_force

53-2-504 . Unauthorized disclosure of information obtained in department of justice investigations a criminal act. (1) No information obtained by the department of justice or its agents and attorneys as a result of an investigation may be disclosed except in accordance with the laws applicable to the source of information. However, the information may be used or disclosed under 40-5-261 and rules adopted under 40-5-262 or as necessary in any court action.

(2) Each employee violating the disclosure provisions is subject to the criminal charge and penalties applicable to the source of information.
Mont. Code Ann. § 53-2-206 — MT Code / Title 53 / Chapter 2 / Part 2 / Section 53-2-206
53-2-206 Department to act as agent of federal government
Status: in_force

53-2-206 . Department to act as agent of federal government. The department shall act as the agent of the federal government in public assistance matters of mutual concern in conformity with this title and the federal Social Security Act and in the administration of any federal funds granted to the state to aid in the purposes and functions of the department.
Mont. Code Ann. § 53-4-1109 — MT Code / Title 53 / Chapter 4 / Part 11 / Section 53-4-1109
53-4-1109 Federal financial participation
Status: in_force

53-4-1109 . Federal financial participation. The department shall request any necessary state plan amendments or waivers of federal requirements in order to allow receipt of the maximum available federal funds to facilitate implementation of this part, subject to appropriation of necessary matching state funds.
Mont. Code Ann. § 53-6-2103 — MT Code / Title 53 / Chapter 6 / Part 21 / Section 53-6-2103
53-6-2103 Terminated
Status: in_force

53-6-2103 . Terminated. Sec. 7, Ch. 265, L. 2015.
Mont. Code Ann. § 53-9-121 — MT Code / Title 53 / Chapter 9 / Part 1 / Section 53-9-121
53-9-121 Application for compensation
Status: in_force

53-9-121 . Application for compensation. An applicant for an award of compensation may apply in writing in a form that conforms substantially to that prescribed by the office.
Mont. Code Ann. § 53-21-1006 — MT Code / Title 53 / Chapter 21 / Part 10 / Section 53-21-1006
53-21-1006 Service area authorities -- leadership committees -- boards -- plans
Status: in_force

53-21-1006 . Service area authorities -- leadership committees -- boards -- plans. (1) In the development of a service area authority, public meetings must be held in communities throughout a service area as defined by the department by rule. The purpose of the meetings is to assist the department to establish a stakeholder leadership committee. The meetings must be designed to solicit input from consumers of services for persons with mental illness, advocates, family members of persons with mental illness, mental health professionals, county commissioners, and other interested community members.

(2) The leadership committee within each service area must include but is not limited to a significant portion of consumers of services for persons with mental illness, family members of persons with mental illness, and a mental health services provider. The department shall provide assistance for the development of a leadership committee. The department shall approve a leadership committee within each service area.

(3) The leadership committee within each service area shall establish a service area authority board and create bylaws that describe the board's functions and method of appointment. The bylaws must be submitted to the department for review. The majority of the members of the board must be consumers of mental health services and family members of consumers.

(4) The service area authority board must be established under Title 35, chapter 2. Nonprofit corporations incorporated for the purposes of this part may not be considered agencies of the department or the state of Montana.

(5) A service area authority board:

(a) shall collaborate with the department for purposes of planning and oversight of mental health services of the service area, including:

(i) provider contracting;

(ii) quality and outcome management;

(iii) service planning;

(iv) utilization management and review;

(v) preadmission screening and discharge planning;

(vi) consumer advocacy and family education and rights protection;

(vii) infrastructure;

(viii) information requirements; and

(ix) procurement processes;

(b) shall review and monitor crisis intervention programs established pursuant to 53-21-1202 ;

(c) shall submit a biennial review and evaluation of mental health service needs and services within the service area;

(d) shall keep all records of the board and make reports required by the department;

(e) may enter into contracts with the department for purposes of planning and oversight of the service area if the department certifies that the service area authority is capable of assuming the duty;

(f) may receive and shall administer funding available for the provision of mental health services, including grants from the United States government and other agencies, receipts for established fees rendered, taxes, gifts, donations, and other types of support or income. All funds received by the board must be used to carry out the purposes of this part.

(g) may reimburse board members for actual and necessary expenses incurred in attending meetings and in the discharge of board duties as assigned by the board;

(h) shall either include a county commissioner or work closely with county commissioners in the service area; and

(i) shall take into consideration the policies, plans, and budget developed by the children's system of care planning committee provided for in 52-2-303 .

(6) A service area authority may not directly provide mental health services.
Mont. Code Ann. § 53-21-168 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-168
53-21-168 Statement of rights to be furnished and posted
Status: in_force

53-21-168 . Statement of rights to be furnished and posted. Each patient shall promptly upon admission receive in language the patient understands a written statement of all of the patient's rights under this part, including the right to treatment, the right to the development of a treatment plan, the right to and the availability of legal counsel, and the rules for patient labor. In addition, a copy of the statement of rights must be posted in each ward.
Mont. Code Ann. § 53-10-502 — MT Code / Title 53 / Chapter 10 / Part 5 / Section 53-10-502
53-10-502 Allocation of federal community services block grant funds
Status: in_force

53-10-502 . Allocation of federal community services block grant funds. The department shall allocate the state's share of the block grant funds as follows:

(1) The department may retain 5% for administrative costs and 5% for special projects.

(2) The balance of the block grant funds after any retention pursuant to subsection (1) must be distributed to human resource development councils that are eligible to receive such funding under 53-10-503 as follows:

(a) $500,000, or if the balance of the block grant funds is less than $500,000, then the entire balance of the block grant funds, must be equally divided among the eligible human resource development councils; and

(b) except as provided under 53-10-504 (2), the balance of the block grant funds after distribution under subsections (1) and (2)(a) must be divided among eligible human resource development councils as follows:

(i) one-half based upon the population residing within the areas of human resource development councils; and

(ii) one-half based upon the low-income population, as that population may be determined under the provisions of the block grant, residing within the areas of the human resource development councils.
Mont. Code Ann. § 53-6-1503 — MT Code / Title 53 / Chapter 6 / Part 15 / Section 53-6-1503
53-6-1503 Retroactive adjustment and settlement of cost report
Status: in_force

53-6-1503 . Retroactive adjustment and settlement of cost report. (1) (a) To reimburse a provider as quickly as possible, the department of public health and human services shall perform a tentative retroactive adjustment when a cost report is received by the applicable medicare administrative contractor.

(b) Costs must be accepted as reported except for obvious errors or inconsistencies, subject to adjustment by a later audit.

(c) The department shall make an interim settlement of the report and, if applicable, payment to the provider within 240 days after receipt of the cost report by the medicare administrative contractor or within 30 days after receipt of the interim medicaid cost settlement from the medicare administrative contractor, whichever occurs sooner.

(d) In the event of an overpayment, the provider has 60 days from the date of the initial notification indicated by the interim cost settlement to repay the amount of the overpayment, or to have an agreed upon repayment schedule.

(2) (a) Upon receipt of the final desk review or audit of the cost report by the applicable medicare administrative contractor, the department shall perform a final retroactive adjustment and, if applicable, a final settlement of the cost report.

(b) In the event of an overpayment, the provider has 60 days from the date of the initial notification to repay the amount of the overpayment or to have an agreed upon repayment schedule. In the event of an underpayment, the department will reimburse the provider within 90 days from the date of the initial notification to the provider.

(3) As used in this section, "medicare administrative contractor" has the same meaning as provided in 42 CFR 421.401 and also includes an intermediary as defined in 42 CFR 421.3.
Mont. Code Ann. § 53-9-130 — MT Code / Title 53 / Chapter 9 / Part 1 / Section 53-9-130
53-9-130 Reconsideration and review of office's decisions
Status: in_force

53-9-130 . Reconsideration and review of office's decisions. (1) The office on its own motion or on request of the claimant may reconsider a decision making or denying an award or determining its amount. The office shall reconsider at least annually every award being paid in installments. An order on reconsideration of an award may not require refund of amounts previously paid unless the award was obtained by fraud.

(2) The right of reconsideration does not affect the finality of an office decision for the purpose of appeal.
Mont. Code Ann. § 53-6-174 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-174
53-6-174 Filing of lien -- effect of filing -- priority -- renewal -- dissolution of lien
Status: in_force

53-6-174 . Filing of lien -- effect of filing -- priority -- renewal -- dissolution of lien. (1) The lien must be filed in the office of the clerk and recorder in the county in which the real property is located.

(2) Filing of the lien constitutes legal notice of the lien to all persons, including subsequent purchasers, encumbrancers, mortgagees, and other lienholders. Upon filing, the lien is prior to any earlier unrecorded interest or claim and is prior to any subsequent interest or claim, whether or not recorded. The lien is subject to any unpaid property taxes, any prior recorded mortgage, or any other prior recorded encumbrance, interest, or claim. For purposes of recovery under 53-6-171 through 53-6-188 , a sale, transfer, or exchange of the property by the recipient is considered a relinquishment of any homestead exemption under 70-32-201 and 70-32-202 of the recipient in the property subject to the lien.

(3) Except as provided in 53-6-171 through 53-6-188 , the lien has the effect of a judgment lien when the lien is filed. For purposes of provisions of state laws relating to judgment liens, the department is considered the judgment creditor and the recipient or the recipient's spouse or successor in interest is considered the judgment debtor.

(4) After filing, the lien remains effective for a period of 6 years unless earlier satisfied, released, or dissolved. The department may renew a lien for one or more additional 6-year periods.

(5) If the recipient is discharged from the facility and returns home, the lien dissolves and is no longer effective unless a new lien is later imposed in accordance with 53-6-171 through 53-6-188 . Following the recipient's discharge and return home, the department shall upon written request file a release of lien in the clerk and recorder's office. Dissolution of the lien under this subsection does not preclude the department from recovering under 53-6-167 , 53-6-168 , or 53-6-169 .

(6) If the lien is imposed pursuant to 53-6-171 on the recipient's interest in jointly owned property that is subject to a right of survivorship, upon the recipient's death, the recipient's interest passes to the survivor, subject to the lien imposed pursuant to 53-6-171 .
Mont. Code Ann. § 53-6-114 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-114
53-6-114 Rules of department binding
Status: in_force

53-6-114 . Rules of department binding. All rules of the department made under this part are binding upon the local offices of public assistance.
Mont. Code Ann. § 53-9-123 — MT Code / Title 53 / Chapter 9 / Part 1 / Section 53-9-123
53-9-123 Evidence of condition
Status: in_force

53-9-123 . Evidence of condition. (1) The office may require the claimant to supplement the application with any reasonably available medical or counseling reports relating to the injury for which compensation is claimed.

(2) If the physical condition of a victim or claimant is material to a claim, the office may order the victim or claimant to submit from time to time to a physical examination by a physician or may order an autopsy of a deceased victim. The office shall pay for the examination or autopsy. The order must specify the time, place, manner, conditions, and scope of the examination or autopsy and the person by whom it is to be made and must require the person to file with the office a detailed written report of the examination or autopsy. The report must set out physician's findings, including results of all tests made, diagnoses, prognoses, and other conclusions and reports of earlier examinations of the same conditions. On request of the person examined, the office shall furnish the person a copy of the report. If the victim is deceased, the office, on request, shall furnish the claimant a copy of the report.

(3) There is no privilege, except privileges arising from the attorney-client relationship, as to communications or records relevant to an issue of the physical condition of the claimant or victim in a proceeding under this part in which that condition is an element.
Mont. Code Ann. § 53-21-1315 — MT Code / Title 53 / Chapter 21 / Part 13 / Section 53-21-1315
53-21-1315 Health care decisions in event of the principal's protest
Status: in_force

53-21-1315 . Health care decisions in event of the principal's protest. An agent may make a health care decision over the protest of a principal who lacks capacity if:

(1) the directive is irrevocable at times of incapacity;

(2) the directive authorizes the agent to make the health care decision at issue; and

(3) the health care that is to be provided, continued, withheld, or withdrawn is determined and documented by the supervising health care provider to be medically appropriate and is otherwise permitted by law.
Mont. Code Ann. § 53-6-1604 — MT Code / Title 53 / Chapter 6 / Part 16 / Section 53-6-1604
53-6-1604 Reporting
Status: in_force

53-6-1604 . Reporting. (1) Contingent upon legislative appropriation, the department of public health and human services shall develop a report to document the adequacy of current medicaid rates compared to reported medicaid service provider costs at least once every 4 years.

(2) The report must consider the following data sources in the development of rate adequacy:

(a) medicaid service provider cost report information submitted as required in 53-6-1603 ;

(b) claims data;

(c) United States bureau of labor statistics data;

(d) internal revenue service data;

(e) United States department of agriculture data;

(f) United States census bureau data

(g) peer state comparisons; and

(h) any other relevant regional and national data considered appropriate by the department.

(3) The report must provide information to support a biennial or supplemental budget request as necessary to adjust medicaid service provider reimbursement rates to ensure rate adequacy.

(4) The department shall provide the report at least once every 4 years to the office of budget and program planning, the children, families, health, and human services interim committee, and the interim budget committee in accordance with 5-11-210 . The first report is due by September 1, 2026.

(5) In accordance with the Montana Procurement Act, the department may contract with a cost-based reporting expert to assist in completing subsections (1) through (4).
Mont. Code Ann. § 53-19-103 — MT Code / Title 53 / Chapter 19 / Part 1 / Section 53-19-103
53-19-103 Department authorized to provide services
Status: in_force

53-19-103 . Department authorized to provide services. (1) Subject to available appropriated funds, services provided under this part include:

(a) vocational and other rehabilitation services that enhance the ability of a person with severe disabilities to live and function independently and to engage in or continue in appropriate employment; and

(b) any services specified in Title VII of the federal Rehabilitation Act of 1973 (29 U.S.C. 796, et seq.), as may be amended.

(2) To the extent that funds are appropriated and allocated for the purpose of providing services to persons with severe disabilities, the department may establish the facilities and services it determines are in the best interest of persons with severe disabilities.

(3) The scope, amount, and duration of services made available to persons with severe disabilities under this part are within the discretion of the department to determine.
Mont. Code Ann. § 53-4-231 — MT Code / Title 53 / Chapter 4 / Part 2 / Section 53-4-231
53-4-231 Eligibility
Status: in_force

53-4-231 . Eligibility. (1) Subject to the provisions of subsections (2) through (6), assistance may be granted under this part to:

(a) a dependent child;

(b) a specified caretaker relative or relatives, including but not limited to the natural or adoptive parents of a dependent child who:

(i) enters into an individual responsibility plan if required by the department; and

(ii) cooperates in all assessments and screening required by the department;

(c) the stepparent of a dependent child who lives with the child and the child's natural or adoptive parent;

(d) persons under 18 years of age who live in the home with a dependent child, including but not limited to siblings related to the dependent child by blood, marriage, or adoption or by law;

(e) a needy pregnant woman with no other children who is receiving payments. Payments may begin no earlier than the third month prior to the month in which the child is expected to be born.

(2) Persons who are not citizens of the United States are eligible for assistance only as provided in sections 401 through 435 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as codified in Title 8 of the United States Code.

(3) A person who has been convicted of a felony offense, an element of which involves the possession, use, or distribution of a controlled substance, as defined in 21 U.S.C. 802, is eligible for public assistance if the person is actively complying with the conditions of supervision, including participating in treatment if required, or has discharged the sentence associated with the felony conviction.

(4) The following are not eligible for assistance:

(a) persons who are receiving supplemental security income payments under the Social Security Act;

(b) an adult or a dependent child who is or is expected to be absent from the home of the specified caretaker relative continuously for a period of time prescribed by the department by rule;

(c) a specified caretaker relative who fails to comply with requirements for reporting the absence of a dependent child from the specified caretaker relative's home as prescribed by the department by rule;

(d) families in which the specified caretaker relative fails or refuses to assign child support rights to the department or to cooperate in establishing paternity or obtaining child support as required by the department by rule;

(e) families in which the specified caretaker relative or other adult household member, as specified by the department by rule, fails or refuses to:

(i) cooperate in any required screening or assessment; or

(ii) enter into an individual responsibility plan;

(f) teenage parents who fail or refuse to attend secondary school or another training program as required by the department by rule;

(g) teenage parents who are not living in an adult-supervised setting as defined by the department by rule;

(h) a fugitive felon or probation or parole violator as defined in section 103 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 42 U.S.C. 608; and

(i) individuals who have fraudulently misrepresented their place of residence, as defined in section 103 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 42 U.S.C. 608. The ineligibility continues for a period of 10 years beginning on the date of conviction.

(5) A family is not eligible for cash assistance if the family includes an adult who has received cash assistance in a program funded under temporary assistance for needy families in any state or states for 60 months or more, whether or not the months are consecutive, unless an exception is expressly granted by federal law.

(6) This part may not be interpreted to entitle any individual or family to assistance under programs funded by temporary assistance for needy families.
Mont. Code Ann. § 53-30-716 — MT Code / Title 53 / Chapter 30 / Part 7 / Section 53-30-716
53-30-716 Conditions of confinement
Status: in_force

53-30-716 . Conditions of confinement. (1) (a) An inmate in restrictive housing must be provided with:

(i) prescribed medication;

(ii) other medically necessary treatment as prescribed by a qualified health care provider;

(iii) clothing that is not degrading or specialized clothing when reasons for its use are documented;

(iv) access to basic personal items for use in the inmate's cell unless there is imminent danger that the inmate or any other inmate will destroy the item or induce self-injury;

(v) the opportunity to shower and shave at least three times each week;

(vi) laundry, barbering, and hair care services; and

(vii) the opportunity to exchange clothing, bedding, and linen on the same basis as inmates in the general population.

(b) Exceptions to the requirements in subsection (1)(a) may be permitted if found necessary by a supervisor. Exceptions must be recorded in the inmate's log and justified in writing.

(2) A facility may provide alternative meal service to an inmate who uses food or food service equipment in a manner that is hazardous to self, staff, or other inmates. Service may be provided on an individual basis based only on health or safety considerations and must meet basic nutritional requirements and occur only with the written approval of the administrator or chief health care authority. The food substitution period may not exceed 7 days.

(3) Procedures adopted pursuant to 53-30-703 (7) must provide that whenever an adult or youth inmate is deprived of any usually authorized item or activity, a report of the action must be filed in both the inmate's log and the inmate's case record and forwarded to the facility's chief of security.
Mont. Code Ann. § 53-21-508 — MT Code / Title 53 / Chapter 21 / Part 5 / Section 53-21-508
53-21-508 Monitoring of children's mental health outcomes -- report
Status: in_force

53-21-508 . Monitoring of children's mental health outcomes -- report. (1) Each September and March, the department shall measure factors, specific to a point in time, for children receiving targeted case management services in the state-funded children's mental health system to determine the effect of the services on the likelihood the children will remain at home, in school, and out of trouble.

(2) The department shall monitor the following factors to determine whether children receiving targeted case management services are able to remain at home:

(a) the number of children placed in out-of-home mental health treatment, including the level and type of care and whether the treatment is provided in state or out of state; and

(b) the number of children placed in a foster care setting, including kinship care, or a correctional setting.

(3) The department shall monitor the following factors related to the school success of a child receiving targeted case management services:

(a) the number of children enrolled in and attending school; and

(b) the number of children who advanced to the next grade level from the previous school year.

(4) The department shall monitor the following additional factors for children receiving targeted case management services:

(a) the number of children receiving treatment for substance use;

(b) the number of children screened for substance use disorders by the current case management provider;

(c) the number of children involved, formally or informally, with youth court; and

(d) the number of children in care or treatment related to suicide risk.

(5) The department shall report annually to the children, families, health, and human services interim committee in accordance with 5-11-210 on the information required under this section.
Mont. Code Ann. § 53-2-212 — MT Code / Title 53 / Chapter 2 / Part 2 / Section 53-2-212
53-2-212 Rate adequacy -- plan for collection of data -- reports
Status: in_force

53-2-212 . Rate adequacy -- plan for collection of data -- reports. (1) The department of public health and human services, in collaboration with providers, consumers, and other stakeholders, shall develop a plan for collecting expenditure data from medicaid-dependent providers of services that:

(a) assist and support the elderly and persons with mental illness, physical disabilities, and developmental disabilities; and

(b) are administered by the department divisions responsible for overseeing services for the elderly and persons with mental illness, physical disabilities, or developmental disabilities.

(2) The purpose of the plan is to enable the department and the legislature to:

(a) analyze the data;

(b) determine the cost of providing services;

(c) make sound judgments about whether the rates being paid for each service are too high, too low, or appropriate; and

(d) make decisions about rates that are based on sound data and analysis.

(3) The plan must:

(a) identify medicaid-dependent providers;

(b) identify high-volume services based on the units of service and costs;

(c) identify smaller providers who should be exempt from data reporting requirements;

(d) determine a base year for data collection and identify the types of expenditures and the providers who are required to report data in order to make it possible to analyze data and make determinations about rate adequacy;

(e) ensure that expenditure data reporting requirements are consistent across divisions of the department to the extent possible;

(f) identify how often data should be collected for purposes of updating the base year expenditures; and

(g) create a schedule prioritizing the order in which data is collected from various providers in order to transition to a point at which the information will be available regarding all applicable providers and will be updated on a regular basis.

(4) (a) The plan must be completed no later than July 1, 2022, and be provided to the 2023 legislature in accordance with 5-11-210 .

(b) Beginning no later than September 1, 2021, the department shall provide quarterly updates to the 2021-2022 children, families, health, and human services interim committee regarding the progress being made in developing the plan.

(5) For the purposes of this section, "medicaid-dependent providers" means providers with more than half of their clients receiving services through the medicaid program.
Mont. Code Ann. § 53-20-145 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-145
53-20-145 Right to be free from unnecessary or excessive medication
Status: in_force

53-20-145 . Right to be free from unnecessary or excessive medication. Residents have a right to be free from unnecessary or excessive medication. Medication may not be administered unless at the written order of a physician. The individual treatment planning team and the attending physician are responsible for all medication given or administered to a resident. The use of medication may not exceed standards of use that are advocated by the United States food and drug administration. Notation of each individual's medication must be kept in the individual's medical records. A pharmacist or a registered nurse shall review monthly the record of each resident on medication for potential adverse reactions, allergies, interactions, contraindications, rationality, and laboratory test modifications and shall advise the physician of any problems. Medications must be reviewed quarterly by the attending or staff physician. At least monthly, an attending physician shall review the drug regimen of each patient on psychotropic medication. All prescriptions must be written with a termination date that may not exceed 90 days. Medication for newly admitted residents must be reviewed and reordered as necessary upon admission and then every 30 days for the first 90 days. Medications may not be used as punishment, for the convenience of staff, as a substitute for a habilitation program, or in quantities that interfere with the resident's treatment program. This section may not be interpreted to relieve a physician or other professional or medical staff person from any obligation to adequately monitor the medication of a resident, with due consideration to the nature of the medication, the purpose for which it is given, and the condition of the resident.
Mont. Code Ann. § 53-21-1015 — MT Code / Title 53 / Chapter 21 / Part 10 / Section 53-21-1015
53-21-1015 Certified community behavioral health clinic requirements -- billing practices -- performance measurements
Status: in_force

53-21-1015 . Certified community behavioral health clinic requirements -- billing practices -- performance measurements. (1) In addition to the services required under federal law and regulation, a certified community behavioral health clinic shall directly provide the following services:

(a) targeted case management;

(b) peer and family caregiver services and supports; and

(c) outreach and education as specified in subsection (5).

(2) A certified community behavioral health clinic may directly provide or contract with a third party to provide the following services:

(a) primary care screening and monitoring;

(b) services for veterans and members of the armed forces; and

(c) outpatient psychiatric rehabilitation services.

(3) A certified community behavioral health clinic shall coordinate with other community-based service providers to prevent duplication of services and develop a continuum of services within the community.

(4) (a) If a screening indicates that a person is in urgent need of services, a certified community behavioral health clinic shall provide clinical services and an initial evaluation within 1 business day of the first contact with the patient.

(b) A certified community behavioral health clinic shall provide a new patient with a comprehensive person-centered and family-centered diagnostic and treatment planning evaluation. The evaluation must be completed within 30 calendar days of the patient's first request for services.

(5) A certified community behavioral health clinic shall provide outreach and education by:

(a) establishing an outreach team to work in partnership with hospitals and critical access hospitals to encourage individuals presenting with behavioral health needs at an emergency department to obtain ongoing behavioral health treatment through the clinic to reduce the need for emergency department care;

(b) working with local law enforcement agencies by:

(i) providing opportunities for training to, or attending training with, law enforcement officers in methods for responding to individuals with behavioral health needs; and

(ii) responding directly to individuals who have come into contact with law enforcement because of behavioral health issues; and

(c) designating staff members to encourage the use of the clinic's services by individuals who use a high volume of medicaid resources but who have not been actively receiving behavioral health treatment.

(6) The billing practices of a certified community behavioral health clinic must:

(a) provide that private insurance plans are billed first and that medicaid is billed as a payer of last resort;

(b) include a publicly available, income-based sliding fee scale; and

(c) establish that the certified community behavioral health clinic may not refuse services to a person who is unable to pay.

(7) In addition to any federally required reporting, each certified community behavioral health clinic shall collect and report to the department, in a deidentified manner, data on the following quality measures:

(a) changes in the functional assessment scores of patients; and

(b) baseline and subsequent changes in a patient's:

(i) status as housed or unhoused;

(ii) engagement in work; and

(iii) law enforcement involvement.

(8) A certified community behavioral health clinic that contracts with another provider for services as allowed under federal law and regulations and this section is responsible for:

(a) collecting and reporting on the data required under subsection (7) and any other information required by the department; and

(b) ensuring that the contracted provider follows all applicable state and federal laws and regulations.
Mont. Code Ann. § 53-19-310 — MT Code / Title 53 / Chapter 19 / Part 3 / Section 53-19-310
53-19-310 Account for telecommunications services and specialized telecommunications equipment for persons with disabilities
Status: in_force

53-19-310 . Account for telecommunications services and specialized telecommunications equipment for persons with disabilities. (1) Subject to legislative fund transfer, there is an account for telecommunications services and specialized telecommunications equipment for persons with disabilities in the state special revenue fund in the state treasury. The account consists of:

(a) all monetary contributions, gifts, and grants received by the committee as provided in 53-19-309 ; and

(b) all fees billed and collected pursuant to 53-19-311 .

(2) The money in the account is allocated to the committee for purposes of implementing this part.

(3) All expenditures of the committee in administering this part must be paid from money deposited in the account.
Mont. Code Ann. § 53-30-701 — MT Code / Title 53 / Chapter 30 / Part 7 / Section 53-30-701
53-30-701 Policy -- restrictive housing
Status: in_force

53-30-701 . Policy -- restrictive housing. (1) It is the policy of the state of Montana that the department of corrections and the facilities it operates or with which it contracts maintain safe, secure housing for inmates who require separation from the general inmate population for detention or for safety and security reasons.

(2) Restrictive housing should be used only:

(a) as a response to the most serious and threatening behavior;

(b) for the shortest time possible; and

(c) with the least restrictive conditions possible.
Mont. Code Ann. § 53-21-1007 — MT Code / Title 53 / Chapter 21 / Part 10 / Section 53-21-1007
53-21-1007 Mental health services contracts
Status: in_force

53-21-1007 . Mental health services contracts. (1) The department shall provide for public mental health services for the purposes of the prevention, diagnosis, and treatment of mental illness to the extent funded by the legislature.

(2) The department may administer the provision of services for prevention, diagnosis, and treatment of mental illness directly or indirectly through contract with other agencies of government, private or public agencies, private professional persons, hospitals, or licensed mental health centers.

(3) The department is directed to encourage and create incentives for the use of funding generated by local governments to provide mental health services to participate in federal cost-sharing programs.

(4) The department shall promote the rights of persons with mental illness who are eligible for services to have a choice among qualified providers of mental health services or support services that are administered or funded by the department.

(5) The department shall develop contracts to be bid competitively under the Montana Procurement Act for any service administered or funded by the department that will limit a client's choice of a provider of that service in order to ensure accountability and that necessary services are delivered in all areas of the state. The exception for human services as provided in 18-4-123 (18) does not apply.
Mont. Code Ann. § 53-21-1208 — MT Code / Title 53 / Chapter 21 / Part 12 / Section 53-21-1208
53-21-1208 Terminated
Status: in_force

53-21-1208 . Terminated. Sec. 9, Ch. 416, L. 2019.
Mont. Code Ann. § 53-20-106 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-106
53-20-106 Certification of developmental disabilities professionals
Status: in_force

53-20-106 . Certification of developmental disabilities professionals. (1) A developmental disabilities professional must be certified by the department of public health and human services.

(2) The department of public health and human services shall adopt rules governing the certification of developmental disabilities professionals. The rules must establish the appropriate combination of education, skills, and experience necessary for certification and set forth qualifications developed by reference to recognized national standards in the field of developmental disabilities.
Mont. Code Ann. § 53-4-1001 — MT Code / Title 53 / Chapter 4 / Part 10 / Section 53-4-1001
53-4-1001 Short title
Status: in_force

53-4-1001 . (Temporary) Short title. This part may be cited as the "Children's Health Insurance Program Act". (Terminates on occurrence of contingency--sec. 15, Ch. 571, L. 1999.)
Mont. Code Ann. § 53-9-103 — MT Code / Title 53 / Chapter 9 / Part 1 / Section 53-9-103
53-9-103 Definitions
Status: in_force

53-9-103 . Definitions. As used in this part, the following definitions apply:

(1) "Claimant" means any of the following claiming compensation under this part:

(a) a victim;

(b) a dependent of a deceased victim; or

(c) an authorized person acting on behalf of any of them.

(2) "Collateral source" means a source of benefits, other than welfare benefits, or advantages for economic loss otherwise compensable under this part that the claimant has received or that is readily available to the claimant from:

(a) the offender;

(b) the government of the United States or any agency thereof, a state or any of its political subdivisions, or an instrumentality of two or more states, unless the law providing for the benefits or advantages makes them excess or secondary to benefits under this part;

(c) social security, medicare, and medicaid;

(d) workers' compensation;

(e) wage continuation programs of any employer;

(f) proceeds of a contract of insurance payable to the claimant for loss that was sustained because of the criminally injurious conduct;

(g) a contract, including an insurance contract, providing hospital and other health care services or benefits for disability. A contract in this state may not provide that benefits under this part are a substitute for benefits under the contract or that the contract is a secondary source of benefits and benefits under this part are a primary source.

(h) a crime victims compensation program operated by the state in which the victim was injured or killed that compensates residents of this state injured or killed in that state; or

(i) any other third party.

(3) "Criminally injurious conduct" means conduct that:

(a) occurs or is attempted in this state or an act of international terrorism, as defined in 18 U.S.C. 2331, committed outside of the United States against a resident of this state;

(b) results in bodily injury or death or involves domestic violence in a home where minor children were present; and

(c) is punishable by fine, imprisonment, or death or would be so punishable except that the person engaging in the conduct lacked capacity to commit the crime under the laws of this state; however, criminally injurious conduct does not include conduct arising out of the ownership, maintenance, or use of a motor vehicle unless the bodily injury or death occurred during the commission of an offense defined in Title 45 that requires the mental state of purposely as an element of the offense or the injury or death was inflicted by the driver of a motor vehicle who is found by the office, by a preponderance of the evidence, to have been operating the motor vehicle while under the influence, as that term is defined in 61-1-101 ; or

(d) is committed in a state without a crime victims compensation program that covers a resident of this state if the conduct meets the requirements in subsections (3)(b) and (3)(c).

(4) "Dependent" means a natural person who is recognized under the law of this state to be wholly or partially dependent upon the victim for care or support and includes a child of the victim conceived before the victim's death but born after the victim's death, including a child that is conceived as a result of the criminally injurious conduct.

(5) "Office" means the office of victims services established in 2-15-2016 .

(6) "Victim" means:

(a) a person who suffers bodily injury or death as a result of:

(i) criminally injurious conduct;

(ii) the person's good faith effort to prevent criminally injurious conduct; or

(iii) the person's good faith effort to apprehend a person reasonably suspected of engaging in criminally injurious conduct; or

(b) a minor child present in a home where domestic violence occurred.
Mont. Code Ann. § 53-19-306 — MT Code / Title 53 / Chapter 19 / Part 3 / Section 53-19-306
53-19-306 Program established -- purpose
Status: in_force

53-19-306 . Program established -- purpose. (1) The committee shall establish and administer a program to provide specialized telecommunications equipment and services to persons with disabilities.

(2) The purpose of the program is to:

(a) furnish specialized telecommunications equipment to meet the needs of persons with disabilities; and

(b) provide a telecommunications relay service system to connect persons with disabilities with all phases of public telecommunications service, including telecommunications service to emergency services and public safety agencies as defined in 10-4-101 .
Mont. Code Ann. § 53-6-1306 — MT Code / Title 53 / Chapter 6 / Part 13 / Section 53-6-1306
53-6-1306 Prohibition on copayments
Status: in_force

53-6-1306 . Prohibition on copayments. The department may not require a program participant to make a copayment, to pay a coinsurance amount, or to meet a deductible amount for any service covered under this part.
Mont. Code Ann. § 53-21-1402 — MT Code / Title 53 / Chapter 21 / Part 14 / Section 53-21-1402
53-21-1402 Purpose -- limitations
Status: in_force

53-21-1402 . Purpose -- limitations. (1) (a) The purpose of this part is to establish a program through which enrolled providers may be reimbursed by the department when they provide mental health services during a 72-hour period to stabilize an adult who:

(i) is in a mental health crisis; and

(ii) is uninsured or whose insurance does not adequately cover the cost of the services.

(b) Reimbursement for services provided during a presumptive eligibility period is intended to reduce the need for the individual to receive more intensive services in a more restrictive setting.

(2) This part is not intended to establish an entitlement:

(a) for an individual to receive services under the program; or

(b) for a provider to be reimbursed for services delivered to an individual.

(3) The department may determine the duration of services to be reimbursed under the program and the types of providers who may receive reimbursement for services.

(4) The department or its designee may restrict reimbursement based on:

(a) the medical necessity of the services;

(b) availability of appropriate alternative services;

(c) the relative cost of services; or

(d) other relevant factors.

(5) (a) Subject to available funding, the department may suspend or eliminate reimbursement for services or otherwise limit services, benefits, or provider participation in the presumptive eligibility program.

(b) The department shall provide notice of changes to the program at least 10 days in advance of the date that the changes will be made by:

(i) publishing notice in Montana daily newspapers; and

(ii) providing written notice to crisis stabilization providers and other interested parties.
Mont. Code Ann. § 53-2-603 — MT Code / Title 53 / Chapter 2 / Part 6 / Section 53-2-603
53-2-603 Award of public assistance after eligibility determination
Status: in_force

53-2-603 . Award of public assistance after eligibility determination. Upon completion of an application, the department, through the appropriate local office of public assistance, shall determine whether the applicant is eligible for public assistance under the provisions of this title, the type and amount of public assistance the applicant must receive, and the date upon which the public assistance must begin. This subsection does not apply to any form of public assistance managed by a managed care contractor, as provided in 53-6-116 , when a determination of eligibility is made by the managed care contractor.
Mont. Code Ann. § 53-9-106 — MT Code / Title 53 / Chapter 9 / Part 1 / Section 53-9-106
53-9-106 Attorney fees
Status: in_force

53-9-106 . Attorney fees. (1) The office may grant attorney fees to attorneys for representing claimants before the office. Any attorney fee granted by the office is in addition to compensation awarded the claimant under this part.

(2) The office may regulate the amount of the attorney fee in any claim under this part when an attorney is representing a claimant.

(3) In cases under this part that go before a district court, the judge may grant, in addition to compensation benefits granted, attorney fees to attorneys for representing claimants before the court.

(4) Attorney fees in excess of 5% of the amount paid to a claimant or on a claimant's behalf may not be paid directly or indirectly to a claimant's attorney.
Mont. Code Ann. § 53-4-1004 — MT Code / Title 53 / Chapter 4 / Part 10 / Section 53-4-1004
53-4-1004 Eligibility for program -- rulemaking
Status: in_force

53-4-1004 . (Temporary) Eligibility for program -- rulemaking. (1) To be considered eligible for the program, a child:

(a) must be 18 years of age or younger;

(b) must have a combined family income at or below 250% of the federal poverty level or at a lower level determined by the department of public health and human services as provided in subsection (4);

(c) may not already be covered by private insurance that offers creditable coverage, as defined in 42 U.S.C. 300gg(c), for 3 months prior to enrollment in the program or since birth, whichever period is less;

(d) may not be eligible for medicaid benefits; and

(e) must be a United States citizen or qualified alien and a Montana resident.

(2) The department of public health and human services shall adopt rules that establish the program's criteria for residency. The criteria must conform as nearly as practicable with the residency requirements for medicaid eligibility.

(3) Subject to 53-4-1009 (3), rules governing eligibility may also include financial standards and criteria for income and resources, treatment of resources, and nonfinancial criteria.

(4) If the department determines that there is insufficient funding for the program, it may lower the percentage of the federal poverty level established in subsection (1)(b) in order to reduce the number of persons who may be eligible to participate or may limit the amount, scope, or duration of specific services provided. (Terminates on occurrence of contingency--sec. 15, Ch. 571, L. 1999; sec. 14, I.M. No. 155, approved November 4, 2008.)
Mont. Code Ann. § 53-6-401 — MT Code / Title 53 / Chapter 6 / Part 4 / Section 53-6-401
53-6-401 Definitions
Status: in_force

53-6-401 . 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) "Home and community-based services" means, as provided for in section 1915 of Title XIX of the Social Security Act, 42 U.S.C. 1396n(c), and any regulations implementing that statute, long-term medical, habilitative, rehabilitative, and other services provided in personal residences or in community settings and funded by the department with medicaid money.

(3) "Level-of-care determination" means an assessment of a person and the resulting determination establishing whether long-term care facility services to be provided to the person are appropriate to meet the health care and related circumstances and needs of the person.

(4) "Long-term care facility" means a facility that is certified by the department, as provided in 53-6-106 , to provide skilled or intermediate nursing care services, including intermediate nursing care services for persons with developmental disabilities or, for the purposes of implementation of medicaid-funded programs of home and community-based services, that is recognized by the U.S. department of health and human services to be an institutional setting from which persons may be diverted through the receipt of home and community-based services.

(5) "Long-term care preadmission screening" means, in accordance with section 1919 of Title XIX of the Social Security Act, 42 U.S.C. 1396r, a process conducted according to a specific set of criteria for determining whether a person with intellectual disability or mental illness may be admitted to a long-term care facility.

(6) "Persons with disabilities or persons who are elderly" means, for purposes of establishing home and community-based services, those categories of persons who are elderly and disabled as defined in accordance with section 1915 of Title XIX of the Social Security Act, 42 U.S.C. 1396n.
Mont. Code Ann. § 53-24-202 — MT Code / Title 53 / Chapter 24 / Part 2 / Section 53-24-202
53-24-202 State and local government to cooperate with department
Status: in_force

53-24-202 . State and local government to cooperate with department. All agencies of state government, local government, and all state and local government employees shall, upon request, cooperate with the department in its activities under this chapter, but nothing in the chapter shall be construed to give the department control over any state or local agency or employee unless otherwise provided by law.
Mont. Code Ann. § 53-6-145 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-145
53-6-145 Agencies to adopt rules governing personal assistant services
Status: in_force

53-6-145 . Agencies to adopt rules governing personal assistant services. (1) Recognizing the importance of consumer control over personal assistance services in a self-directed service model, the legislature directs the department of public health and human services and the department of labor and industry to adopt administrative rules authorizing a person with a disability to act as though the person is the employer, for the purposes of selection, management, and supervision, of a personal assistant, although the personal assistant is the employee of another person or entity. The rules must reflect both the rights and protection guaranteed to workers under existing labor law and ensure that consumers of personal assistant services have day-to-day control, supervision, and direction over those services.

(2) As used in this section, the following definitions apply:

(a) "Ancillary services" means services ancillary to basic services provided to an individual in need of home-based care who needs one or more of the following basic services:

(i) homemaker-type services, including but not limited to shopping, laundry, cleaning, and seasonal chores;

(ii) companion-type services, including but not limited to transportation, letter writing, reading mail, assisting with alternative communication, and escort; and

(iii) assistance with cognitive tasks, including but not limited to managing finances, planning activities, prompting, and problem solving.

(b) "Basic services" includes assistance:

(i) getting in and out of bed, a wheelchair, or a motor vehicle; and

(ii) with routine bodily functions including:

(A) health maintenance activities;

(B) bathing and personal hygiene;

(C) dressing and grooming;

(D) feeding, including preparation and cleanup; and

(E) setup, use, and maintenance of assistive technologies.

(c) "Individual in need of home-based services" means an individual with a physical or mental impairment who requires assistance in completing functions of daily living, self-care, and mobility.

(d) "Personal assistant services" means those basic and ancillary services that enable an individual in need of home-based care to live in the individual's home and community rather than in an institution and to carry out functions of daily living, self-care, and mobility.

(3) The department of public health and human services is not required to provide personal-care services as part of the medicaid program in a self-directed service model as described in this section unless the personal assistant is an employee of an entity willing to provide the protections guaranteed to workers under existing labor laws, including but not limited to the payment of workers' compensation and unemployment insurance premiums.

(4) This section does not prohibit the department of public health and human services from determining the amount, scope, and duration of the personal assistance services provided under the medicaid program, nor does this section mandate personal assistance services.

(5) Medical and related liability for personal-care services provided pursuant to this section rests with the person directing the services.
Mont. Code Ann. § 53-19-319 — MT Code / Title 53 / Chapter 19 / Part 3 / Section 53-19-319
53-19-319 Service provider considered taxpayer under provisions for fee
Status: in_force

53-19-319 . Service provider considered taxpayer under provisions for fee. Unless the context requires otherwise, the provisions of Title 15 referring to the audit and examination of reports and returns, determination of deficiency assessments, claims for refunds, penalties and interest, jeopardy assessments, warrants, conferences, appeals to the department, appeals to the Montana tax appeal board, and procedures relating to the application of this part apply as if the fee imposed in this part were a tax imposed upon or measured by net income. The provisions apply to the subscriber liable for the fee and to the service provider required to collect the fee. Any amount collected and required to be remitted to the department is considered a tax upon the service provider required to collect it, and the service provider is considered a taxpayer.
Mont. Code Ann. § 53-6-1301 — MT Code / Title 53 / Chapter 6 / Part 13 / Section 53-6-1301
53-6-1301 Short title
Status: in_force

53-6-1301 . Short title. This part, along with Title 39, chapter 12, and 25-3-106 , may be cited as the "Montana Health and Economic Livelihood Partnership (HELP) Act".
Mont. Code Ann. § 53-30-718 — MT Code / Title 53 / Chapter 30 / Part 7 / Section 53-30-718
53-30-718 Exercise outside of cell
Status: in_force

53-30-718 . Exercise outside of cell. (1) An adult inmate in restrictive housing or protective custody must be allowed a minimum of 1 hour of exercise each day outside of the inmate's cell, 5 days a week, unless security or safety considerations dictate otherwise.

(2) A youth inmate in protective custody must be allowed 1 hour of large muscle activity every 24 hours.
Mont. Code Ann. § 53-6-902 — MT Code / Title 53 / Chapter 6 / Part 9 / Section 53-6-902
53-6-902 Terminated
Status: in_force

53-6-902 . Terminated. Sec. 1, Ch. 28, L. 1999.
Mont. Code Ann. § 53-21-1202 — MT Code / Title 53 / Chapter 21 / Part 12 / Section 53-21-1202
53-21-1202 Crisis intervention programs -- rulemaking authority
Status: in_force

53-21-1202 . Crisis intervention programs -- rulemaking authority. (1) The department shall, subject to available appropriations for the purposes of this part, establish crisis intervention programs. The programs must be designed to provide 24-hour emergency admission and care of persons suffering from a mental disorder and requiring commitment in a temporary, safe environment in the community as an alternative to placement in jail.

(2) The department shall provide information and technical assistance regarding needed services and assist counties and federally recognized tribal governments in developing plans for crisis intervention services and for the provision of alternatives to jail placement.

(3) The department may provide crisis intervention programs as:

(a) a rehabilitative service under 53-6-101 (4)(j); and

(b) a targeted case management service authorized in 53-6-101 (4)(o).

(4) The department shall adopt rules to:

(a) implement the grant program provided for in 53-21-1203 ;

(b) contract for detention beds pursuant to 53-21-1204 ; and

(c) pay for short-term inpatient treatment that is provided pursuant to 53-21-1205 .
Mont. Code Ann. § 53-21-151 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-151
53-21-151 Notification of noncompliance as condition for treatment plan -- response
Status: in_force

53-21-151 . Notification of noncompliance as condition for treatment plan -- response. (1) If the respondent has been ordered to follow a treatment plan and the respondent does not substantially comply with the treatment plan developed pursuant to the order for treatment pursuant to a commitment to a community facility or program or course of treatment, the chief medical officer or designee shall promptly notify the court upon becoming aware of substantial noncompliance that is likely to result in at least one of the conditions in 53-21-126 (1) and shall provide supporting documentation.

(2) The court may take reasonable steps to ensure compliance with the court's outpatient treatment order, including but not limited to the following:

(a) directing that the friend of respondent remind the respondent of the respondent's treatment obligations and attempt to persuade the noncompliant respondent to comply with the treatment plan;

(b) presenting the respondent to the mental health facility or program for treatment, including administration of medication pursuant to 53-21-127 (6); or

(c) directing the treating provider to work with the respondent to bring about compliance with the treatment plan.
Mont. Code Ann. § 53-21-136 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-136
53-21-136 Terminated
Status: in_force

53-21-136 . Terminated. Sec. 1, Ch. 541, L. 1989.
Mont. Code Ann. § 53-1-611 — MT Code / Title 53 / Chapter 1 / Part 6 / Section 53-1-611
53-1-611 Evaluation of proposed medicaid block grant and acceptance of grant
Status: in_force

53-1-611 . Evaluation of proposed medicaid block grant and acceptance of grant. (1) As part of its refinancing duties, the department of public health and human services shall evaluate the proposed medicaid block grant and report its findings with respect to the criteria in subsection (2) to the legislative finance committee at each regular meeting of the committee. At the end of the interim, the department shall provide a copy of or a link to the last report provided to the finance committee to the legislature in accordance with 5-11-210 .

(2) The department shall use the following criteria in its evaluation of the proposed medicaid block grant compared to other medicaid funding alternatives from which the state may choose:

(a) total cost to the state over the life of the block grant and during each year of the block grant compared to the state cost of maintaining medicaid eligibility and service levels funded by the legislature during the current biennium;

(b) types of flexibility;

(c) advantages and disadvantages; and

(d) policy choices that may occur.

(3) (a) The legislative finance committee shall review and analyze the department's findings and make a recommendation to the governor and to the department with regard to acceptance or rejection of the block grant if the state is required to make a decision as to whether to accept or reject the block grant prior to the next regular convening of the legislature.

(b) The governor shall consider the recommendation of the legislative finance committee and provide a written rationale to the committee if the recommendation of the committee is not followed.
Mont. Code Ann. § 53-20-130 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-130
53-20-130 Patient transfers from mental health facilities
Status: in_force

53-20-130 . Patient transfers from mental health facilities. If a person is a patient in a mental health facility and the professional person, as defined in 53-21-102 , in charge of the patient determines that the patient is suffering from a developmental disability rather than mental illness and should more properly be committed to a residential facility or an appropriate less restrictive alternative, the professional person shall commence proceedings to effect a commitment, consistent with the procedures set forth in this part for commitments generally.
Mont. Code Ann. § 53-21-403 — MT Code / Title 53 / Chapter 21 / Part 4 / Section 53-21-403
53-21-403 Placement of individuals with Alzheimer's disease, other forms of dementia, or traumatic brain injury -- direction to department
Status: in_force

53-21-403 . Placement of individuals with Alzheimer's disease, other forms of dementia, or traumatic brain injury -- direction to department. To accomplish the intent of 53-21-401 (4), the legislature directs the department to:

(1) by June 30, 2025, develop and implement a plan to ensure the availability of community-based services for individuals with a primary diagnosis of Alzheimer's disease, other forms of dementia, or traumatic brain injury who might otherwise be at risk of involuntary commitment;

(2) collaborate with the transition review committee provided for in [former] 53-21-404 to identify the community-based services needed to ensure that individuals with those diagnoses can be safely and effectively served in the community;

(3) transfer funds as authorized by 17-7-139 , 53-21-406 , and federal laws and regulations to develop the services needed in the community; and

(4) by June 30, 2025, transition out of the Montana state hospital and into community services the Montana state hospital patients whose primary diagnosis involves Alzheimer's disease, other forms of dementia, or traumatic brain injury and who meet only the commitment criteria of 53-21-126 (1)(a) or (1)(d)(i)(B). As part of this transition, the legislature intends for the department to actively pursue the timely discharge of those Montana state hospital patients.
Mont. Code Ann. § 53-20-224 — MT Code / Title 53 / Chapter 20 / Part 2 / Section 53-20-224
53-20-224 Legislative findings -- purpose
Status: in_force

53-20-224 . Legislative findings -- purpose. (1) The legislature finds that the Montana developmental center has served as a placement of last resort for seriously developmentally disabled individuals, many of whom have co-occurring mental health conditions.

(2) The legislature further finds that as the department has been carrying out the process of closing the Montana developmental center pursuant to Chapter 444, Laws of 2015, family members of Montana developmental center residents, community service providers, and community members have expressed concern that community facilities may not be equipped to provide appropriate care and treatment for some of the residents.

(3) The legislature further finds that family members have expressed concern that their developmentally disabled relatives may not maintain the progress they have made in treatment at the Montana developmental center as they move to new and unfamiliar settings.

(4) It is the intent of the legislature that the department monitor the skills, abilities, and behaviors of Montana developmental center residents while they are in the care and custody of the state and as they transition to the community in order to ensure that the individuals remain safe, maintain or improve their skills and abilities, and find a home that provides the most appropriate services in the least restrictive setting possible.
Mont. Code Ann. § 53-21-1201 — MT Code / Title 53 / Chapter 21 / Part 12 / Section 53-21-1201
53-21-1201 Diversion of certain persons suffering from mental disorders from detention center
Status: in_force

53-21-1201 . Diversion of certain persons suffering from mental disorders from detention center. (1) The sheriff or administrator of a detention center in each county shall require screening of inmates to identify persons accused of minor misdemeanor offenses who appear to be suffering from mental disorders and who may require commitment, as defined in 53-21-102 .

(2) If as a result of screening and observation it is believed that an inmate is suffering from a mental disorder and may require commitment, the sheriff or administrator of the detention center shall:

(a) request services from a crisis intervention program established by the department, as provided for in 53-21-1202 ;

(b) refer the inmate to the nearest qualified mental health care provider as arranged by the county; or

(c) subject to 53-21-193 and subsection (3) of this section, transfer the inmate to a private mental health facility, a behavioral health inpatient facility, or a hospital equipped to provide treatment and care of persons who are suffering from a mental disorder and who require commitment.

(3) The facility must be notified, and the facility shall state that a bed is available and agree to accept transfer of the patient based on admission criteria before a person may be transferred under this section.

(4) As used in this section, the term "minor misdemeanor offense" includes but is not limited to a nonserious misdemeanor, such as criminal trespass to property, loitering, disorderly conduct, and disturbing the public peace.

(5) A person intoxicated by drugs or alcohol who is accused of a minor misdemeanor offense may be detained in a jail until the level of intoxication is reduced to the point that screening for a mental disorder and the need for commitment can be performed.
Mont. Code Ann. § 53-7-314 — MT Code / Title 53 / Chapter 7 / Part 3 / Section 53-7-314
53-7-314 Hearings
Status: in_force

53-7-314 . Hearings. A person applying for or receiving vocational rehabilitation services who is aggrieved by any action or inaction of the department is entitled to a fair hearing in accordance with rules adopted by the department.
Mont. Code Ann. § 53-2-202 — MT Code / Title 53 / Chapter 2 / Part 2 / Section 53-2-202
53-2-202 Attorney general to act as legal adviser to department
Status: in_force

53-2-202 . Attorney general to act as legal adviser to department. The attorney general of the state shall act as legal adviser to the department, shall perform such legal services as may be required, and may employ such other and additional counsel as may be necessary for this purpose and fix the compensation therefor.
Mont. Code Ann. § 53-4-1007 — MT Code / Title 53 / Chapter 4 / Part 10 / Section 53-4-1007
53-4-1007 Department may contract for services
Status: in_force

53-4-1007 . (Temporary) Department may contract for services. (1) The department of public health and human services may administer the program directly or contract with insurance companies or other entities to provide services for a set monthly or yearly fee based on the number of participants in the program and the types of services provided or based on a fee for service as established by the department.

(2) The department of public health and human services may contract for a health care service based on a fee for service when the department does not contract for a health care service through an insurance plan, a health maintenance organization, or a managed care plan. A contract entered into or renewed on or after July 1, 2009, may not limit enrollee access to providers who are willing to provide services at the rates provided for under the program. In operating the program and providing health services, the department may:

(a) pay providers on a fee-for-service basis in a self-funded program and contract with an insurance company, third-party administrator, or other entity to provide administrative services, including but not limited to processing and payment of claims with program funds;

(b) purchase health coverage for eligible children from an insurance company or other entity through premiums, capitated payments, or other appropriate methods;

(c) purchase health coverage as provided in subsection (2)(b) for some types of health services and contract directly with providers for other types of health services on a fee-for-service basis; or

(d) pay providers on a fee-for-service basis and directly provide administrative services in a self-funded program.

(3) If the department of public health and human services contracts with an insurance company or other entity to administer the program as provided in subsection (2)(b) or (2)(c), not more than 12% of the contract payment may be used for administrative expenses, including:

(a) risk charges; and

(b) any applicable assessments, fees, and taxes.

(4) If the department operates the program by providing administrative services under subsection (2)(a), (2)(c), or (2)(d), the department's administrative expense may not exceed the lesser of 10% of total program expenses or the applicable federal limitation, excluding costs for federally required audits.

(5) (a) An insurance company or other entity that contracts with the department for a fully insured contract as provided in subsection (2)(b) shall calculate the surplus account balance at the end of each contract year and may retain an amount equal to 50% of the risk charge allowed under the contract. The remainder of the surplus balance must be deposited in the state special revenue account provided for in 53-4-1012 .

(b) For the purposes of this subsection (5):

(i) "risk charge" means the percentage of the administrative expense allowed in the contract for assuming the risk; and

(ii) "surplus account balance" means funds that remain after all claims and all administrative expenses have been paid for a claim period. (Terminates on occurrence of contingency--sec. 15, Ch. 571, L. 1999; sec. 7, Ch. 565, L. 2005; sec. 5, Ch. 129, L. 2007.)
Mont. Code Ann. § 53-20-113 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-113
53-20-113 Waiver of rights
Status: in_force

53-20-113 . Waiver of rights. (1) A respondent may waive the respondent's procedural rights provided that the waiver is knowingly and intentionally made.

(2) The right to counsel in a hearing held pursuant to 53-20-125 may not be waived.

(3) The right to habilitation provided for in this part may not be waived.

(4) A respondent may knowingly and intentionally waive the respondent's rights only with the concurrence of the respondent's counsel, if any, or, if the respondent has no counsel, the respondent's parents, guardian, or other responsible person appointed by the court.
Mont. Code Ann. § 53-6-407 — MT Code / Title 53 / Chapter 6 / Part 4 / Section 53-6-407
53-6-407 Notification required before termination of waiver participation
Status: in_force

53-6-407 . Notification required before termination of waiver participation. (1) The department shall notify a person participating in a medicaid home and community-based services waiver at least 30 days before terminating the person's participation in the waiver. The department shall:

(a) notify the person of the planned termination from the program by mail; and

(b) allow the person to provide the department with information demonstrating the person's continued need for waiver services. The information must be provided within 30 days of the date the notification was mailed.

(2) (a) The department may terminate the person's participation in the waiver at the end of the 30-day period provided for in subsection (1) if:

(i) the person has not responded to the notification; or

(ii) after reviewing information provided by the person, the department has determined the person is no longer eligible to participate in the waiver.

(b) If the department determines that the person is no longer eligible to participate in the waiver, the department must notify the person by mail before the expiration of the 30-day notification period.

(3) The termination notice provided for in subsection (2) must state that:

(a) the decision may be appealed in accordance with 53-2-606 ;

(b) the person may request continued services during the period of the appeal; and

(c) the department will not seek reimbursement of services provided during the period of appeal unless the department finds evidence of fraud or other similar circumstances indicating waiver services were not warranted.

(4) An appeal must be filed within 90 days of the mailing date of the termination notice provided for in subsection (2).
Mont. Code Ann. § 53-10-505 — MT Code / Title 53 / Chapter 10 / Part 5 / Section 53-10-505
53-10-505 Fiscal and program responsibility
Status: in_force

53-10-505 . Fiscal and program responsibility. The department shall ensure state compliance in fiscal accountability and program integrity relating to block grant funds and services. The department shall audit the human resource development councils as may be required by state and federal law.
Mont. Code Ann. § 53-20-163 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-163
53-20-163 Abuse of residents prohibited
Status: in_force

53-20-163 . Abuse of residents prohibited. (1) Any form of mistreatment, neglect, or abuse of a resident is prohibited.

(2) A residential facility shall publish in the facility and circulate to staff a written policy statement that defines the facility's requirements for reporting and investigating allegations of mistreatment, neglect, or abuse and injuries from an unknown source.

(3) Each allegation of mistreatment, neglect, or abuse and each injury from an unknown source must be reported immediately to:

(a) the department of public health and human services;

(b) a representative of the facility as designated by the department of public health and human services by rule; and

(c) if the alleged mistreatment, neglect, or abuse or the injury occurred at the Montana developmental center, the department of justice.

(4) The residential facility shall maintain a written record that:

(a) each allegation and each injury from an unknown source has been reported as required by this section;

(b) each allegation and each injury from an unknown source has been thoroughly investigated and findings stated;

(c) the investigation into the allegation or injury from an unknown source was initiated on the next business day following the report of the incident; and

(d) the results were reported to the director of the department of public health and human services.

(5) The director of the department of public health and human services shall report the details of each reported allegation, including providing the written record created pursuant to this section, to the mental disabilities board of visitors and the state protection and advocacy program for individuals with developmental disabilities, as authorized by 42 U.S.C. 15043(a)(2), within 5 business days of the incident. The director and the residential facility may not redact any information that is provided pursuant to this subsection. The mental disabilities board of visitors and the state protection and advocacy program shall maintain the confidentiality of any report received under this section to the same extent that the reports are confidential under state and federal laws applicable to the residential facility.

(6) Upon receiving a report of an allegation of mistreatment, neglect, or abuse or of an injury from an unknown source at the Montana developmental center, the department of justice shall conduct a thorough investigation of each allegation or each injury from an unknown source and provide a written report of its investigation and findings to the superintendent of the residential facility within 5 business days of the incident.

(7) The Montana developmental center shall provide the department of justice with access to records and other information necessary to conduct investigations under this section. The department of justice shall maintain the confidentiality of any information received in the course of conducting investigations under this section to the same extent that the information is confidential under state and federal laws applicable to the residential facility.

(8) If a state licensing authority or federal medicaid certification authority issues a statement of deficiency indicating that the residential facility has failed to meet licensing or certification standards due to the thoroughness or timeliness of an investigation conducted under this section, the department of justice shall participate in preparing a plan of correction to restore the residential facility's compliance with licensing or certification standards.

(9) If in the course of conducting an investigation under this section the department of justice develops reasonable cause to believe that a criminal offense has occurred, the department of justice shall refer the matter to the appropriate local law enforcement agency.

(10) The department of justice may adopt rules to implement this section.
Mont. Code Ann. § 53-2-1202 — MT Code / Title 53 / Chapter 2 / Part 12 / Section 53-2-1202
53-2-1202 Definitions
Status: in_force

53-2-1202 . Definitions. For the purposes of this part, unless the context otherwise requires, the following definitions apply:

(1) "Act" means the federal Workforce Innovation and Opportunity Act, Public Law 113-128, 29 U.S.C. 3101, et seq.

(2) "Board" means the Montana state workforce innovation board provided for in 53-2-1203 .

(3) "One-stop center" means one or more entities designated or certified under section 121(d) of the Act, 29 U.S.C. 3151(d).

(4) "One-stop delivery system" means a system under which entities responsible for administering separate workforce investment, educational, and other human resource programs and funding sources collaborate to create a seamless system of service delivery to enhance access to the programs' services and improve long-term employment outcomes for individuals receiving assistance.
Mont. Code Ann. § 53-19-315 — MT Code / Title 53 / Chapter 19 / Part 3 / Section 53-19-315
53-19-315 Records -- audit
Status: in_force

53-19-315 . Records -- audit. (1) Each service provider required to collect the fee provided for in 53-19-311 shall maintain and have available for inspection by the department books, ledgers, registers, or other documents showing the collection of the fee for telecommunications access services and specialized telecommunications equipment for persons with disabilities for the preceding 5 years or until any dispute or litigation concerning the fees is resolved, whichever is later.

(2) At the request of the committee or on its own initiative, the department or a third party designated by the department may audit the records of any service provider to ensure proper accounting of all fees billed and collected pursuant to 53-19-311 . Any expenses of the audit must be paid by the program.
Mont. Code Ann. § 53-2-901 — MT Code / Title 53 / Chapter 2 / Part 9 / Section 53-2-901
53-2-901 Administration of food stamp program -- rulemaking authority
Status: in_force

53-2-901 . Administration of food stamp program -- rulemaking authority. (1) The department is authorized to administer the food stamp program in compliance with all federal laws and requirements.

(2) The department shall adopt rules that are necessary and desirable for the administration of the food stamp program.

(3) The department shall adopt rules that may include but are not limited to rules concerning:

(a) eligibility for assistance, including income and resource limitations, income and resource exclusions, and transfers of resources;

(b) amounts of assistance and methods for determining benefit amount;

(c) periodic redetermination of eligibility;

(d) reporting requirements;

(e) work registration, employment, and training requirements and exemptions from those requirements;

(f) procedures and policies of the employment and training program;

(g) disqualification because of intentional program violations, for voluntarily quitting a job without good cause, or for any other violation of program rules; and

(h) penalties applicable to recipients of cash assistance who have been sanctioned because of failure to meet any requirement of that program.

(4) The department may adopt rules that include but are not limited to rules concerning:

(a) requirements for recipients to assign the right of support;

(b) requirements for recipients to cooperate with the state agency administering the child support enforcement program established under Title IV-D of the Social Security Act, 42 U.S.C. 651, et seq.; and

(c) disqualification for failure to perform actions required by other means-tested programs, for failure to cooperate with the state agency administering the child support enforcement program under Title IV-D of the Social Security Act, 42 U.S.C. 651, et seq., or for failure to pay court-ordered child support as provided in sections 819, 822, and 823 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 7 U.S.C. 2015.
Mont. Code Ann. § 53-1-406 — MT Code / Title 53 / Chapter 1 / Part 4 / Section 53-1-406
53-1-406 Investigation of ability to pay
Status: in_force

53-1-406 . Investigation of ability to pay. (1) Before determining an ability to pay under 53-1-405 , the department shall investigate each resident's and each financially responsible person's ability to pay. For purposes of the investigation, the determination of ability to pay, or any later review or redetermination, the department may require the resident or financially responsible person to complete, sign, and submit financial information and documentation, including financial statements on a form supplied by the department.

(2) Each agency of the state shall provide to the department all reasonable assistance and all requested information and documents necessary for the financial investigation of residents or financially responsible persons. The department of revenue may not provide confidential tax return information to the department without the consent of the taxpayer.

(3) Upon request of the department, the resident or financially responsible person shall make available to the department and shall cooperate with the department in obtaining any financial information and documentation that the department considers essential for the purpose of determining ability to pay and that, under federal law, the department is not prohibited from seeking or obtaining from the resident or financially responsible person. The information and documentation that the department is entitled to receive include but are not limited to:

(a) income statements and verification;

(b) liability statements and verification;

(c) tax returns and related forms, documents, and records, but the department of revenue may not provide confidential tax return information to the department without the consent of the taxpayer;

(d) asset statements and descriptions, including valuation appraisals;

(e) records of a bank or other financial institution, including account balances, loan statements, account ownership information, and transaction records;

(f) expense statements and verification;

(g) financial statements, including existing financial statements and financial statements on forms provided by the department;

(h) releases authorizing the department to obtain information or documents directly from an employer, creditor, federal agency, financial institution, or other person or entity; and

(i) any other information or documentation necessary to the determination.

(4) If a resident or financially responsible person fails to provide or cooperate in obtaining the financial information or documentation requested by the department, the department may make a determination of ability to pay based upon any information or documentation available to the department, including a determination of ability to pay up to the full cost of care. The determination is effective until the requested information and documentation are provided and the department makes a new determination of ability to pay, taking into consideration the additional information and documentation.

(5) In a hearing under 53-1-407 , if a hearings examiner determines that information or documentation is relevant and admissible and orders the resident or financially responsible person to produce it and if the resident or financially responsible person fails or refuses to produce that information or documentation, a determination of ability to pay the full cost of care may be affirmed or payment of the full cost of care ordered, regardless of other information presented.
Mont. Code Ann. § 53-4-1011 — MT Code / Title 53 / Chapter 4 / Part 10 / Section 53-4-1011
53-4-1011 Tobacco settlement funds to general fund
Status: in_force

53-4-1011 . (Temporary) Tobacco settlement funds to general fund. Unless deposited into the trust fund, provided for in 17-6-603 , or a state special revenue account, provided for in 17-6-606 , funds received from the tobacco settlement must be deposited in the general fund. Any funds appropriated from the general fund for the children's health insurance program that remain unexpended at the end of the biennium must be transferred to the general fund. (Terminates on occurrence of contingency--sec. 15, Ch. 571, L. 1999.)
Mont. Code Ann. § 53-2-1220 — MT Code / Title 53 / Chapter 2 / Part 12 / Section 53-2-1220
53-2-1220 Rulemaking
Status: in_force

53-2-1220 . Rulemaking. The department may adopt rules to further define information for applications, distribution of grants, and the use of the special revenue account provided for in 53-2-1219 .
Mont. Code Ann. § 53-21-166 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-166
53-21-166 Records to be confidential -- exceptions
Status: in_force

53-21-166 . Records to be confidential -- exceptions. All information obtained and records prepared in the course of providing any services under this part to individuals under any provision of this part are confidential and privileged matter and must remain confidential and privileged after the individual is discharged from the facility. Except as provided in Title 50, chapter 16, part 5, information and records may be disclosed only:

(1) in communications between qualified professionals in the provision of services or appropriate referrals;

(2) when the recipient of services designates persons to whom information or records may be released or if a recipient of services is a ward and the recipient's guardian or conservator designates in writing persons to whom records or information may be disclosed. However, this section may not be construed to compel a physician, psychologist, social worker, nurse, attorney, or other professional person to reveal information that has been given to the physician, psychologist, social worker, nurse, attorney, or other professional person in confidence by members of a patient's family.

(3) to the extent necessary to make claims on behalf of a recipient of aid, insurance, or medical assistance to which a recipient may be entitled;

(4) for research if the department has promulgated rules for the conduct of research. Rules must include but are not limited to the requirement that all researchers shall sign an oath of confidentiality.

(5) to the courts as necessary for the administration of justice;

(6) to persons authorized by an order of court, after notice and opportunity for hearing to the person to whom the record or information pertains and the custodian of the record or information pursuant to the rules of civil procedure;

(7) to members of the mental disabilities board of visitors or their agents when necessary to perform their functions as set out in 53-21-104;

(8) to the state protection and advocacy program for individuals with mental illness when necessary to comply with 53-21-107 (9); and

(9) to the mental health ombudsman when necessary to perform the ombudsman functions as provided in 2-15-210 .
Mont. Code Ann. § 53-21-129 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-129
53-21-129 Emergency situation -- petition -- detention -- exception
Status: in_force

53-21-129 . Emergency situation -- petition -- detention -- exception. (1) When an emergency situation as defined in 53-21-102 exists, a peace officer or emergency care provider as defined in 50-6-202 may take any person who appears to have a mental disorder and appears to require commitment into custody only for sufficient time to contact a professional person for emergency evaluation. If possible, a professional person should be called prior to taking the person into custody.

(2) Except as provided in subsection (6), if the professional person agrees that the person detained is in an emergency situation as defined in 53-21-102 , then the person may be detained and treated for up to 72 hours, or until the person can be placed at a mental health facility in accordance with subsection (4). At that time, the professional person shall release the detained person or file findings with the county attorney. If the county attorney determines probable cause to believe that an emergency situation exists, the county attorney shall file the petition provided for in 53-21-121 through 53-21-126 in the county of the respondent's residence. In either case, the professional person shall file a report with the court explaining the professional person's actions.

(3) (a) The county attorney of a county may make arrangements with a federal, state, regional, or private mental facility or with a mental health facility in a county for the detention of persons held pursuant to this section. If an arrangement has been made with a facility that does not, at the time of the emergency, have a bed available to detain the person at that facility, the person may be transported to any other mental health facility, subject to 53-21-193 and subsections (4) and (5) of this section, for detention and treatment as provided in this part. This determination must be made on an individual basis in each case, and the professional person at the local facility shall certify in writing to the county attorney that the facility does not have adequate room at that time.

(b) A person may not be detained at a private mental health facility or hospital without the express consent of the facility or hospital.

(4) (a) Before a person may be transferred to a mental health facility or the state hospital under this section, the mental health facility or the state hospital must be notified prior to transfer and shall state whether a bed is available for the person and whether admission would cause the facility or the state hospital to exceed its licensed capacity. If the professional person, the mental health facility, and the state hospital agree that a mental health facility or the state hospital is the appropriate facility for the emergency detention, that a bed is available, and that admission will not cause the mental health facility or the state hospital to exceed its licensed capacity, the county attorney shall direct the person to the appropriate facility to which the person must be transported for emergency detention.

(b) If the professional person, the mental health facility, and the state hospital agree that the state hospital is the appropriate facility for the emergency detention, or if the person has been involuntarily committed to the state hospital while detained at another mental health facility, and a bed is not available at the state hospital or the person's admission would cause the state hospital to exceed its licensed capacity, the state hospital shall provide the professional person and the mental health facility with a projected time when a bed may become available for the person.

(5) A person may only be placed at the state hospital under this section as a placement of last resort.

(6) If the professional person determines that the person meets the requirements for a 72-hour mental health hold prescribed in 53-21-154 , then the requirements of 53-21-154 apply.
Mont. Code Ann. § 53-4-201 — MT Code / Title 53 / Chapter 4 / Part 2 / Section 53-4-201
53-4-201 Definitions
Status: in_force

53-4-201 . Definitions. As used in part 6 and this part, the following definitions apply:

(1) "Approved educational program" means:

(a) a program in a unit of the Montana university system, as provided in 20-25-201 , a community college, a tribal college, or any other accredited college in Montana in which an individual is enrolled in pursuit of an associate's or baccalaureate degree; or

(b) an accredited high school or training program approved by the department by rule.

(2) "Assessment" means the process of evaluating a recipient's skills, education, job readiness, and barriers to employment. The term may include further in-depth examination to identify and access services and resources to assist the recipient in eliminating barriers to employment if barriers are identified during the initial assessment.

(3) "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).

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

(5) (a) "Dependent child", for public assistance purposes, means:

(i) a child under 18 years of age; or

(ii) a person under 19 years of age who is a student, as defined by the department by rule.

(b) The person described in subsection (5)(a)(i) or (5)(a)(ii) must be living with a specified caretaker relative, as defined by the department by rule.

(6) "Family" means a group of people who live with a dependent child, each of whom is related to the dependent child by blood, marriage, or adoption or by law, such as:

(a) a parent, including a natural or adoptive parent, a stepparent, or a person considered by law to be a parent in the case of a child conceived by artificial insemination; or

(b) a sibling.

(7) "Federal poverty level" means the measure of indigence established annually by the U.S. office of management and budget.

(8) "Individual responsibility plan" means a plan developed pursuant to 42 U.S.C. 608(b) that outlines the employment goals and service needs of a person receiving cash assistance or nonfinancial assistance and required to participate in employment and training activities.

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

(10) "Public assistance" or "assistance" means a type of monetary or other assistance furnished under this title to a person by a state or county agency, regardless of the original source of the assistance.

(11) "Specified caretaker relative" means a person within a degree of kinship to the dependent child, as specified by department rule, who lives with the child and exercises care and control over the child.

(12) "State plan" means the policies and procedures governing the programs funded by temporary assistance for needy families as prepared by the department and certified by the federal agency that provides funding for the programs.

(13) "Temporary assistance for needy families" means the federal block grant established pursuant to 42 U.S.C. 601, et seq.
Mont. Code Ann. § 53-21-1002 — MT Code / Title 53 / Chapter 21 / Part 10 / Section 53-21-1002
53-21-1002 Duties of department
Status: in_force

53-21-1002 . Duties of department. The department:

(1) shall take cognizance of matters affecting the mental health of the citizens of the state;

(2) shall initiate mental health care and treatment, prevention, and research as can best be accomplished by community-centered services. The department shall initiate and operate services in cooperation with local agencies, service area authorities, mental health professionals, and other entities providing services to persons with mental illness.

(3) shall specifically address:

(a) provider contracting;

(b) service planning;

(c) preadmission screening and discharge planning;

(d) quality management;

(e) utilization management and review;

(f) consumer and family education; and

(g) rights protection;

(4) shall collect and disseminate information relating to mental health;

(5) shall prepare and maintain a comprehensive plan to develop public mental health services in the state and to establish service areas;

(6) must receive from agencies of the United States and other state agencies, persons or groups of persons, associations, firms, or corporations grants of money, receipts from fees, gifts, supplies, materials, and contributions for the development of mental health services within the state;

(7) shall establish qualified provider certification standards by rule, which may include requirements for national accreditation for mental health programs that receive funds from the department;

(8) shall perform an annual review and evaluation of mental health needs and services within the state by region and evaluate the performance of programs that receive funds from the department for compliance with federal and state standards;

(9) shall coordinate state and community resources to ensure comprehensive delivery of services to children with emotional disturbances, as provided in Title 52, chapter 2, part 3; and

(10) shall coordinate the establishment of service area authorities, as provided in 53-21-1006 , to collaborate with the department in the planning and oversight of mental health services in a service area.
Mont. Code Ann. § 53-25-119 — MT Code / Title 53 / Chapter 25 / Part 1 / Section 53-25-119
53-25-119 Access to records
Status: in_force

53-25-119 . Access to records. Information that identifies the contributor, agent, or designated beneficiary of an account is exempt from the provisions of 2-6-1003 and any other provision of law permitting the public inspection or copying of documents.
Mont. Code Ann. § 53-2-902 — MT Code / Title 53 / Chapter 2 / Part 9 / Section 53-2-902
53-2-902 Definitions
Status: in_force

53-2-902 . Definitions. As used in this part, the following definitions apply:

(1) "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).

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

(3) "Food stamp program" means the provision of food stamp benefits that can be used to purchase food to low-income persons pursuant to the Food Stamp Act Amendments of 1980, 7 U.S.C. 2011, et seq.

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

(5) "Temporary assistance for needy families" means the block grant established pursuant to 42 U.S.C. 601, et seq.
Mont. Code Ann. § 53-6-144 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-144
53-6-144 Relative's responsibility
Status: in_force

53-6-144 . Relative's responsibility. Except as otherwise provided in 53-6-167 through 53-6-169 , 53-6-171 through 53-6-189 , and the provisions of other parts of this title, the only relatives that may be held responsible for payment of medical assistance under the program are the husband or wife of the individual, the parents of children under 18 years of age, and the parents of blind or disabled persons over 18 years of age.
Mont. Code Ann. § 53-20-147 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-147
53-20-147 Right not to be subjected to experimental research
Status: in_force

53-20-147 . Right not to be subjected to experimental research. (1) Residents of a residential facility have a right not to be subjected to experimental research without the express and informed consent of the resident, if the resident is able to give consent, and of the resident's parents or guardian or the responsible person appointed by the court after opportunities for consultation with independent specialists and with legal counsel.

(2) The proposed research must have been reviewed and approved by the mental disabilities board of visitors before consent may be sought. Prior to approval, the board shall determine that the research complies with the principles of the statement on the use of human subjects for research of the American association on mental deficiency and with the principles for research involving human subjects required by the United States department of health and human services for projects supported by that agency.
Mont. Code Ann. § 53-25-101 — MT Code / Title 53 / Chapter 25 / Part 1 / Section 53-25-101
53-25-101 Short title
Status: in_force

53-25-101 . Short title. This chapter may be cited as the "Montana Achieving a Better Life Experience Act".
Mont. Code Ann. § 53-6-164 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-164
53-6-164 Terminated
Status: in_force

53-6-164 . Terminated. Sec. 8, Ch. 614, L. 1991.
Mont. Code Ann. § 53-6-189 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-189
53-6-189 Rulemaking authority
Status: in_force

53-6-189 . Rulemaking authority. The department may adopt rules to implement 53-6-143 , 53-6-144 , 53-6-165 through 53-6-169 , and 53-6-171 through 53-6-188 . The rules must comply with applicable federal law in 42 U.S.C. 1396, et seq., as may be amended, and applicable implementing regulations and policies.
Mont. Code Ann. § 53-21-117 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-117
53-21-117 Right to representation by own attorney
Status: in_force

53-21-117 . Right to representation by own attorney. The respondent or the friend of respondent appointed by the court may secure an attorney of the person's own choice and at the person's own expense to represent the respondent.
Mont. Code Ann. § 53-20-601 — MT Code / Title 53 / Chapter 20 / Part 6 / Section 53-20-601
53-20-601 Definitions
Status: in_force

53-20-601 . Definitions. As used in this part, the following definitions apply:

(1) "Center" means the intensive behavior center provided for in 53-20-602 .

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

(3) "Developmental disability" has the meaning provided in 53-20-102 .
Mont. Code Ann. § 53-24-314 — MT Code / Title 53 / Chapter 24 / Part 3 / Section 53-24-314
53-24-314 Preferential placement at and referral to certified recovery residences -- informed consent required for placement in certain certified recovery residences
Status: in_force

53-24-314 . Preferential placement at and referral to certified recovery residences -- informed consent required for placement in certain certified recovery residences. (1) The department of corrections shall establish a preference for certified recovery residences by encouraging and assisting appropriate individuals seeking placements in recovery residences.

(2) (a) A judge, justice of the peace, or magistrate may not refer an individual to an uncertified recovery residence.

(b) (i) A judge, justice of the peace, or magistrate shall refer an individual to at least two recovery residences, one of which must support United States food and drug administration-approved medication-assisted treatment of substance use disorders.

(ii) A judge, justice of the peace, or magistrate may not refer an individual to a certified recovery residence that does not permit the individual to receive treatment or take medication prescribed by a qualified health care provider without the informed consent of the individual who is subject to the referral.

(c) In addition to the requirements of subsection (2)(b), when referring an individual to a recovery residence, a qualified health care provider, judge, justice of the peace, or magistrate shall consider the:

(i) culture of the recovery residence, including but not limited to the permissiveness of unhealthy behaviors, current residents' commitment to recovery and support of other residents, requirements and support to attend and seek clinical treatment and outside nonclinical sobriety support, and the general living environment;

(ii) geographic area, neighborhood, or external surrounding environment of the recovery residence;

(iii) physical living environment of the recovery residence;

(iv) level of training and professionalism of residence staff;

(v) recovery residence's reputation regarding ethical business practices, which may include but is not limited to fraud and abuse of residents;

(vi) recovery residence's relapse policy; and

(vii) availability of opioid-overdose reversal drugs.

(3) Any judge, magistrate, or justice of the peace who violates subsection (2)(a) is subject to disciplinary action by the judicial standards commission pursuant to Title 3, chapter 1, part 11.

(4) Subsection (2)(a) does not otherwise limit the referral options available for a person in recovery from a substance use disorder to any other appropriate placements or services.
Mont. Code Ann. § 53-9-131 — MT Code / Title 53 / Chapter 9 / Part 1 / Section 53-9-131
53-9-131 Appeals
Status: in_force

53-9-131 . Appeals. After the office has made final determination concerning any matter relating to a claim, if the claimant disputes the office's determination, the claimant may appeal to the district court for the county in which the claimant resides for review. Review on appeal must be in conformity with 2-4-701 through 2-4-704 of the Montana Administrative Procedure Act. The judge, after a hearing, shall make a final determination concerning the dispute and issue an appropriate order affirming, reversing, or modifying the office's determination.
Mont. Code Ann. § 53-21-154 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-154
53-21-154 72-hour mental health hold
Status: in_force

53-21-154 . 72-hour mental health hold. (1) (a) An individual may be placed in a mental health facility as defined in 53-21-102 or a crisis stabilization facility as described in 53-21-1403 for a period up to 72 hours at the written request of a mental health professional as defined in 53-21-102 if the individual, as a result of a mental disorder, meets one or more of the following criteria:

(i) the individual is unable to provide for the individual's own basic needs of food, clothing, shelter, health, or safety;

(ii) the individual causes injury to the individual's self or to others; or

(iii) the individual is an imminent threat to the individual's self or to others.

(b) The 72-hour period begins at the time when the individual is first detained.

(c) The county attorney and the office of the state public defender must be immediately notified of the individual detained and of the facts justifying the detention.

(2) The county may authorize transportation to an appropriately licensed facility within the state if there is not an appropriate mental health facility or crisis stabilization facility within the county where the individual is located or the individual's county of residence.

(3) A mental health professional shall evaluate the individual as soon as possible after the individual is admitted for care. The evaluation must occur within the first 24 hours of the 72-hour hold.

(4) The mental health professional shall write a report of the evaluation and shall provide a copy of the report to the individual, the county attorney, and the office of the state public defender. The report must state:

(a) recommendations for further treatment, if any; and

(b) whether it is the opinion of the mental health professional that further commitment, including a petition for commitment under 53-21-121 , may be necessary.

(5) During the course of the 72-hour hold, the individual may consent to take any medication to stabilize the individual's mental disorder but may not refuse any lifesaving medication considered necessary by a professional person as defined in 53-21-102 .

(6) At any time during the 72-hour hold, the individual may be released if, in the opinion of the mental health professional, the individual no longer requires further treatment.

(7) On expiration of the 72-hour hold:

(a) the individual may be released with no further treatment recommendations;

(b) the individual may be referred to further care and treatment on a voluntary basis; or

(c) the county attorney may file a petition for commitment under 53-21-121 .
Mont. Code Ann. § 53-6-177 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-177
53-6-177 Action to challenge issuance of writ of execution
Status: in_force

53-6-177 . Action to challenge issuance of writ of execution. A person with a recorded interest in or residing lawfully upon the real property described in an application filed under 53-6-175 , including the recipient or recipient's estate or a co-owner, purchaser, grantee, encumbrancer, mortgagee, or lienholder, or any person described in 53-6-171 (1)(b) or 53-6-178 (2) or (3), may, within 60 days of mailing or service of notice or first publication of notice as provided in 53-6-176 , file an action in the district court in the county in which the real property is located challenging the requested issuance of a writ of execution. The court shall determine the validity or invalidity of the department's lien and order appropriate relief, including issuance of the writ or denial of the application for issuance of the writ.
Mont. Code Ann. § 53-1-202 — MT Code / Title 53 / Chapter 1 / Part 2 / Section 53-1-202
53-1-202 Department of corrections
Status: in_force

53-1-202 . Department of corrections. (1) Adult and youth correctional services are included in the department of corrections to carry out the purposes of the department.

(2) Adult corrections services consist of the following correctional facilities or programs:

(a) a state prison as defined in 53-30-101 ;

(b) appropriate community-based programs for the placement, supervision, and rehabilitation of adult felons who meet the criteria developed by the department for placement:

(i) in prerelease centers;

(ii) under intensive supervision;

(iii) under parole or probation pursuant to Title 46, chapter 23, part 2; or

(iv) in other appropriate programs; and

(c) the Montana correctional enterprises prison industries training program authorized by 53-30-131 .

(3) Youth correctional services consist of the following correctional facilities or programs to provide for custody, supervision, training, education, and rehabilitation of delinquent youth and youth in need of intervention pursuant to Title 52, chapter 5:

(a) Pine Hills correctional facility or other correctional facility as defined in 41-5-103 ; and

(b) any other facility or program under contract with the department that provides custody and services for delinquent youth.

(4) A state institution or correctional facility may not be moved, discontinued, or abandoned without the consent of the legislature.

(5) (a) A legislator must be admitted into the following correctional facilities or programs at any time subject to any immediate safety or security needs of the correctional facility or program:

(i) a facility listed in 53-30-101 ;

(ii) a prerelease center operated by or under a contract with the department of corrections;

(iii) a facility or program listed in subsection (3); and

(iv) a facility contracting with the department of corrections pursuant to Title 53, chapter 30, part 3.

(b) A legislator seeking access to a correctional facility or program listed in subsection (5)(a) is subject to the routine security inspection procedures of the facility or program.

(c) A department of corrections contract with a correctional facility or program listed in subsection (2) or (3) must specify that the correctional facility or program shall grant access to a legislator pursuant to this subsection (5).

(d) If a legislator is denied entrance under subsection (5)(a), the facility or program must enumerate why access was denied and provide a reasonable estimate of when access will be granted.
Mont. Code Ann. § 53-1-207 — MT Code / Title 53 / Chapter 1 / Part 2 / Section 53-1-207
53-1-207 Authorization of inmate labor for designated construction projects -- exemptions
Status: in_force

53-1-207 . Authorization of inmate labor for designated construction projects -- exemptions. (1) The department of corrections is authorized to use inmate labor for the purpose of construction projects at a state prison that are authorized by the legislature.

(2) The department of administration shall provide for construction of the projects authorized by this section, which are to be built by the lowest responsible bidder, with contract specifications to allow the use of inmate labor. The percentage of inmate labor must be determined prior to the advertising for bid of the projects through negotiations among the department of corrections, the department of administration, representatives of construction industry employers, and representatives of the building trades.
Mont. Code Ann. § 53-24-103 — MT Code / Title 53 / Chapter 24 / Part 1 / Section 53-24-103
53-24-103 Definitions
Status: in_force

53-24-103 . Definitions. For purposes of this chapter, the following definitions apply:

(1) "Alcoholic" means a person who has a chronic illness or disorder of behavior characterized by repeated drinking of alcoholic beverages to the extent that it endangers the health, interpersonal relationships, or economic function of the individual or public health, welfare, or safety.

(2) "Approved private treatment facility" means a private agency that has as its function the treatment, rehabilitation, and prevention of chemical dependency, that meets the standards prescribed in 53-24-208 (1), and that is approved under 53-24-208 .

(3) "Approved public treatment facility" means:

(a) a treatment agency operating under the direction and control of the department as a state agency and approved under 53-24-208 ; or

(b) a treatment agency operating under the direction and control of a local government and approved under 53-24-208 .

(4) "Chemical dependency" means the use of any chemical substance, legal or illegal, that creates behavioral or health problems, or both, resulting in operational impairment. This term includes alcoholism, drug dependency, or both, that endanger the health, interpersonal relationships, or economic functions of an individual or the public health, welfare, or safety.

(5) "Commission on accreditation of rehabilitation facilities" means the organization nationally recognized by that name that surveys rehabilitation facilities upon their requests and grants accreditation status to a rehabilitation facility that it finds meets its standards and requirements.

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

(7) "Family member" is the spouse, mother, father, child, or member of the household of a chemically dependent person whose life has been affected by the actions of the chemically dependent person and who may require treatment.

(8) "Incapacitated by alcohol" means that a person, as a result of the use of alcohol, is unconscious or has judgment otherwise so impaired that the person is incapable of realizing and making a rational decision with respect to a need for treatment.

(9) "Incompetent person" means a person who has been adjudged incompetent by the district court.

(10) "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol.

(11) "Prevention" has meaning on four levels; these are:

(a) education to provide information to the school children and general public relating to chemical dependency treatment and rehabilitative services and to reduce the consequences of life experiences acquired by contact with a chemically dependent person;

(b) early detection and recovery from the illness before lasting emotional or physical damage, or both, have occurred;

(c) if lasting emotional or physical damage, or both, have occurred, to arrest the illness before full disability has been reached;

(d) the provision of facility requirements to meet division program standards and improve public accessibility for services.

(12) "Rehabilitation facility" means a facility that is operated for the primary purpose of assisting in the rehabilitation of disabled individuals by providing comprehensive medical evaluations and services, psychological and social services, or vocational evaluation and training or any combination of these services and in which the major portion of the services is furnished within the facility.

(13) "Treatment" means the broad range of emergency, outpatient, intermediate, and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological, and social service care, vocational rehabilitation, and career counseling, which may be extended to chemically dependent persons, intoxicated persons, and family members.
Mont. Code Ann. § 53-21-1324 — MT Code / Title 53 / Chapter 21 / Part 13 / Section 53-21-1324
53-21-1324 Revocation
Status: in_force

53-21-1324 . Revocation. (1) The principal may revoke a directive in whole or in part orally or in writing at any time unless the directive provides that:

(a) the directive is not revocable during a period of incapacity; or

(b) the directive is not revocable for a specified period of time after a determination of incapacity.

(2) As allowed by the terms of the directive, the principal may:

(a) revoke the designation of an agent only by a signed writing or by personally informing the supervising health care provider; and

(b) revoke other parts of a directive other than the designation of an agent at any time and in any manner that communicates an intent to revoke.

(3) A health care provider, agent, guardian, or conservator who is informed of a revocation shall promptly communicate the fact of the revocation to the supervising health care provider and to any health care institution where the patient is receiving care.

(4) A decree of annulment, divorce, dissolution of marriage, or legal separation revokes a previous designation of a spouse as agent unless otherwise specified in the directive or in a durable power of attorney.

(5) A directive revokes all prior directives unless the newest directive instructs otherwise.
Mont. Code Ann. § 53-6-121 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-121
53-6-121 Local administration of medical assistance
Status: in_force

53-6-121 . Local administration of medical assistance. The local offices of public assistance are charged with the local administration and supervision of medical assistance, including medicaid, subject to the powers, duties, rules, and overall supervision of the department.
Mont. Code Ann. § 53-21-604 — MT Code / Title 53 / Chapter 21 / Part 6 / Section 53-21-604
53-21-604 Terminated
Status: in_force

53-21-604 . Terminated. Sec. 9, Ch. 388, L. 2009.
Mont. Code Ann. § 53-1-403 — MT Code / Title 53 / Chapter 1 / Part 4 / Section 53-1-403
53-1-403 Rules
Status: in_force

53-1-403 . Rules. In addition to the specific provisions of this part that require the department to adopt rules, the department may adopt rules to implement this part. All rules adopted by the department under the provisions of this part must be adopted pursuant to the provisions of the Montana Administrative Procedure Act.
Mont. Code Ann. § 53-6-1403 — MT Code / Title 53 / Chapter 6 / Part 14 / Section 53-6-1403
53-6-1403 Extrapolation and statistical sampling prohibited -- exceptions
Status: in_force

53-6-1403 . Extrapolation and statistical sampling prohibited -- exceptions. (1) Except as provided in subsection (2):

(a) in conducting an initial overpayment audit, the department or an auditor may not use statistical sampling extrapolation for automated reviews and may not rely on extrapolation to determine or support the amount of an overpayment determination; and

(b) an overpayment determination must be based on and supported by evidence of an overpayment for each claim.

(2) In an overpayment audit of a high-risk provider or a followup audit of any provider, the department or an auditor may use statistical sampling extrapolation for an automated review or may rely on extrapolation to determine or support the amount of an overpayment determination.

(3) The department or an auditor may use data analysis techniques to identify claims that are most likely to contain overpayments for purposes of selecting providers or claims for overpayment audits.
Mont. Code Ann. § 53-19-101 — MT Code / Title 53 / Chapter 19 / Part 1 / Section 53-19-101
53-19-101 Purpose
Status: in_force

53-19-101 . Purpose. The legislature, in recognition of needs of persons with severe disabilities and of the desirability of meeting those needs on a community level to the extent of available funding and in order to reduce the need for institutional care settings, establishes by this part a community program to assist persons with severe disabilities to live and function independently. This program implements Title VII of the federal Rehabilitation Act of 1973 (29 U.S.C. 796, et seq.), as may be amended, for persons with severe disabilities in Montana.
Mont. Code Ann. § 53-1-604 — MT Code / Title 53 / Chapter 1 / Part 6 / Section 53-1-604
53-1-604 Responsibility of superintendents of institutions
Status: in_force

53-1-604 . Responsibility of superintendents of institutions. The superintendents of institutions in the department of public health and human services are responsible for the immediate management and control of their respective institutions, subject to the general policies and programs established by the department.
Mont. Code Ann. § 53-21-1105 — MT Code / Title 53 / Chapter 21 / Part 11 / Section 53-21-1105
53-21-1105 Terminated
Status: in_force

53-21-1105 . Terminated. Sec. 16, Ch. 353, L. 2013.
Mont. Code Ann. § 53-20-171 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-171
53-20-171 Terminated
Status: in_force

53-20-171 . Terminated. Sec. 1, Ch. 338, L. 2005.
Mont. Code Ann. § 53-6-906 — MT Code / Title 53 / Chapter 6 / Part 9 / Section 53-6-906
53-6-906 Terminated
Status: in_force

53-6-906 . Terminated. Sec. 1, Ch. 28, L. 1999.
Mont. Code Ann. § 53-30-709 — MT Code / Title 53 / Chapter 30 / Part 7 / Section 53-30-709
53-30-709 Supervisory oversight
Status: in_force

53-30-709 . Supervisory oversight. Procedures established pursuant to 53-30-703 (7) must:

(1) provide that an adult inmate in restrictive housing or protective custody must receive daily visits from the shift supervisor or supervisor in charge, daily visits from a qualified health care professional unless more frequent visits are indicated, and visits from members of the program staff on request;

(2) require that an adult inmate in restrictive housing is personally observed by a correctional officer at least every 30 to 60 minutes on an irregular schedule. An adult inmate who is violent or mentally disordered or who demonstrates unusual or bizarre behavior must receive more frequent observation. Suicidal offenders must be under continuing observation.

(3) govern the selection criteria, supervision, and rotation of staff who work directly with inmates in restrictive housing units on a regular and daily basis.
Mont. Code Ann. § 53-21-155 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-155
53-21-155 Reporting requirement
Status: in_force

53-21-155 . Reporting requirement. Before September 1 of each even-numbered year, the department of public health and human services shall report to the children, families, health, and human services interim committee in accordance with 5-11-210 . The report must include the following information:

(1) the number of individuals committed pursuant to 53-21-127 (3)(a) and (3)(b) and aggregate information on the facilities to which they were committed; and

(2) the number of individuals detained pursuant to 53-21-124 and aggregate information on the facilities in which they were detained.
Mont. Code Ann. § 53-30-710 — MT Code / Title 53 / Chapter 30 / Part 7 / Section 53-30-710
53-30-710 Recordkeeping
Status: in_force

53-30-710 . Recordkeeping. (1) A facility with a restrictive housing unit shall comply with the general recordkeeping requirements provided in department policy.

(2) Procedures adopted pursuant to 53-30-703 (7) must require that staff operating restrictive housing units maintain permanent logs and records that adequately document the activities, programs, and visitation patterns of the unit and of individual inmates. Staff shall maintain records that include the following:

(a) all admissions and releases, including date of action, time of action, reason for admission or release, and authorizing official or committee;

(b) a record of visitors, including all official visits by staff members, medical staff visits, and the time, date, and signature of each visitor;

(c) notations of unusual behavior by an inmate or the inmates in the unit as a whole; and

(d) information from and observations by staff that are forwarded for staff action and observation during future shifts.
Mont. Code Ann. § 53-30-503 — MT Code / Title 53 / Chapter 30 / Part 5 / Section 53-30-503
53-30-503 Definitions
Status: in_force

53-30-503 . Definitions. As used in this part, the following definitions apply:

(1) "Corporation" means an entity organized and existing pursuant to Title 35, chapter 1 or 2, and approved or designated by a local governmental entity.

(2) "Department" means the department of corrections.

(3) "Interlocal cooperation commission" means a commission established in accordance with Title 7, chapter 11, part 2.

(4) "Local governmental entity" means:

(a) a local governmental unit;

(b) a multijurisdictional service district; or

(c) an interlocal cooperation commission.

(5) "Multijurisdictional service district" means a district established in accordance with Title 7, chapter 11, part 10.

(6) "Regional correctional facility" means a facility for the housing of persons charged with or convicted of a criminal offense that is a joint detention center and correctional facility and that is designed, constructed, or operated under this part by a local governmental entity, a corporation, the department, or any combination of a local governmental entity, a corporation, and the department.
Mont. Code Ann. § 53-21-1331 — MT Code / Title 53 / Chapter 21 / Part 13 / Section 53-21-1331
53-21-1331 Nomination of guardian or conservator
Status: in_force

53-21-1331 . Nomination of guardian or conservator. A directive may nominate a guardian or conservator. The court in any guardianship proceeding shall determine whether there is a directive and shall appoint the guardian or conservator nominated in the directive, except when good cause or reason for disqualification exists.
Mont. Code Ann. § 53-21-406 — MT Code / Title 53 / Chapter 21 / Part 4 / Section 53-21-406
53-21-406 Certain transfers of funds authorized
Status: in_force

53-21-406 . Certain transfers of funds authorized. Funds appropriated to the department for the operation of the Montana state hospital may be used for carrying out the purposes of 53-21-403 if:

(1) Montana state hospital patients are transferred to a community-based nursing home or other community setting that results in lower expenditures than allowed by legislative appropriation; and

(2) a transfer of appropriations between programs is:

(a) made as provided in 17-7-139 ; and

(b) approved by the governor.
Mont. Code Ann. § 53-21-181 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-181
53-21-181 Discharge during or at end of initial commitment period -- patient's right to referral
Status: in_force

53-21-181 . Discharge during or at end of initial commitment period -- patient's right to referral. (1) (a) At any time within the period of commitment provided for in 53-21-127 , the patient may be discharged on the written order of the professional person in charge of the patient without further order of the court.

(b) If the patient is not discharged within the period of commitment and if the term is not extended as provided for in 53-21-128 , a patient whose commitment was to a facility other than a category D assisted living facility must be discharged by the facility at the end of the period of commitment without further order of the court.

(c) A patient who was committed to a category D assisted living facility may be discharged from supervision by the court but may remain as a resident if the category D assisted living facility and the patient agree.

(2) Notice of the discharge must be filed with the court and the county attorney at least 5 days prior to the discharge. Failure to comply with the notice requirement may not delay the discharge of the patient. The court may not require that a discharge plan be filed with or approved by the court prior to discharge of the patient unless, pursuant to 53-21-184 , the patient is being held upon an order of court or judge in a proceeding arising out of a criminal act. The department has standing on behalf of a patient in its custody to petition for dismissal of an order prohibiting the patient's discharge under 53-21-184 . A hearing on the petition must be held within 5 business days.

(3) Upon being discharged, each patient has a right to be referred, as appropriate, to other providers of mental health services.
Mont. Code Ann. § 53-21-163 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-163
53-21-163 Examination following commitment
Status: in_force

53-21-163 . Examination following commitment. Within 30 days after a patient is committed to a mental health facility, the professional person in charge of the facility or the professional person's appointed, professionally qualified agent shall reexamine the committed patient and shall determine whether the patient continues to require commitment to the facility and whether a treatment plan complying with this part has been implemented. If the patient no longer requires commitment to the facility in accordance with the standards for commitment, the patient must be released immediately without further order of the court unless the patient agrees to continue with treatment on a voluntary basis. If for sound professional reasons a treatment plan has not been implemented, this fact must be reported immediately to the professional person in charge of the facility, the director of the department, the mental disabilities board of visitors, and the patient's counsel.
Mont. Code Ann. § 53-7-201 — MT Code / Title 53 / Chapter 7 / Part 2 / Section 53-7-201
53-7-201 Legislative findings and purpose
Status: in_force

53-7-201 . Legislative findings and purpose. (1) The purpose of this part is to encourage the development and improvement of supervised work programs and support services for persons with severe disabilities.

(2) Supervised work programs and support services should be available to provide persons with severe disabilities the skills and means by which they may lead socially and vocationally productive lives so they can be integrated into society.

(3) The state may encourage the establishment of and provide funding for supervised work programs and support services for persons with severe disabilities.
Mont. Code Ann. § 53-24-105 — MT Code / Title 53 / Chapter 24 / Part 1 / Section 53-24-105
53-24-105 Application of administrative procedure act
Status: in_force

53-24-105 . Application of administrative procedure act. The Montana Administrative Procedure Act applies to and governs all administrative actions taken under this chapter.
Mont. Code Ann. § 53-4-1101 — MT Code / Title 53 / Chapter 4 / Part 11 / Section 53-4-1101
53-4-1101 Short title
Status: in_force

53-4-1101 . Short title. This part may be cited as the "Healthy Montana Kids Plan Act".
Mont. Code Ann. § 53-2-112 — MT Code / Title 53 / Chapter 2 / Part 1 / Section 53-2-112
53-2-112 Department of public health and human services to investigate reports of waste, fraud, or abuse -- subpoena power
Status: in_force

53-2-112 . Department of public health and human services to investigate reports of waste, fraud, or abuse -- subpoena power. (1) There is an office of inspector general in the department of public health and human services. The office of inspector general may issue a subpoena to compel the production of financial records, documents, records, or data, including information in electronic form, relevant to its investigation of waste, fraud, or abuse in health care services and public assistance programs administered by the department.

(2) A subpoena must be signed by the director of the department of public health and human services and the inspector general.
Mont. Code Ann. § 53-30-321 — MT Code / Title 53 / Chapter 30 / Part 3 / Section 53-30-321
53-30-321 Authority of judge to utilize community corrections facilities or programs -- restrictions
Status: in_force

53-30-321 . Authority of judge to utilize community corrections facilities or programs -- restrictions. (1) Subject to the restrictions contained in subsection (2), a judge may order placement of an offender in a community corrections facility or program operated by a unit of local government, a tribal government, or a nongovernmental agency.

(2) A judge may not order placement of an offender in a residential community corrections facility or program for a period exceeding 1 year. After completing the residential community corrections portion of a sentence, an offender shall serve the remainder of the sentence under normal probation supervision, if applicable.

(3) An offender is not eligible for parole while serving a sentence in a community corrections facility or program.

(4) The probation and parole officers for the judicial district shall include in their presentence report to the sentencing judge recommendations for utilization of a community correctional facility or program that has been approved for use by the judicial district.
Mont. Code Ann. § 53-20-104 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-104
53-20-104 Powers and duties of mental disabilities board of visitors
Status: in_force

53-20-104 . Powers and duties of mental disabilities board of visitors. (1) The board is an independent board of inquiry and review established to ensure that the treatment of all persons committed to the Montana developmental center is humane and decent and meets the requirements set forth in this part.

(2) The board shall review all plans for experimental research or hazardous treatment procedures involving persons committed to the Montana developmental center to ensure that the research project is humane and not unduly hazardous and that it complies with the principles of the statement on the use of human subjects for research of the American association on mental deficiency and with the principles for research involving human subjects required by the United States department of health and human services. An experimental research project involving Montana developmental center residents affected by this part may not begin unless it is approved by the mental disabilities board of visitors.

(3) The board shall investigate all cases of alleged mistreatment of a Montana developmental center resident.

(4) The board shall inspect the Montana developmental center at least annually. The board shall inspect the physical plant, including residential, recreational, dining, and sanitary facilities. It shall visit all wards and treatment or habilitation areas. The board shall inquire concerning all habilitation programs being implemented by the facility.

(5) The board shall inspect the file of each person committed to the Montana developmental center pursuant to this part to ensure that a habilitation plan exists and is being implemented. The board shall inquire concerning all use of restraints, isolation, or other extraordinary measures.

(6) The board may assist a Montana developmental center resident in resolving a grievance the resident may have concerning the resident's commitment or course of treatment and habilitation in the facility.

(7) If the board believes that the Montana developmental center is failing to comply with the provisions of this part in regard to its physical facilities or its treatment of a resident, it shall report its findings at once to the superintendent of the facility and the director of the department of public health and human services. If appropriate, after waiting a reasonable time for a response from the superintendent or the director, the board may notify the parents or guardian of the resident involved, the next of kin, if known, the responsible person appointed by the court for the resident involved, and the district court that has jurisdiction over the facility.

(8) The board shall report annually to the governor concerning the status of the Montana developmental center and its habilitation programs.
Mont. Code Ann. § 53-1-602 — MT Code / Title 53 / Chapter 1 / Part 6 / Section 53-1-602
53-1-602 Department of public health and human services
Status: in_force

53-1-602 . Department of public health and human services. (1) The following components are in the department of public health and human services to carry out the purposes of the department:

(a) mental health services, consisting of the following institutional components for care and treatment of the mentally ill pursuant to Title 53, chapter 21:

(i) the Montana state hospital; and

(ii) the Montana mental health nursing care center;

(b) a community services component, consisting of appropriate services for the care and treatment of the mentally ill pursuant to Title 53, chapter 21, part 10;

(c) chemical dependency services, consisting of appropriate detoxification, inpatient, intensive outpatient, outpatient, prevention, education, and other necessary chemical dependency services pursuant to Title 53, chapter 24;

(d) an institutional and residential component of the developmental disabilities system for those persons with developmental disabilities who require institutional or residential care according to Title 53, chapter 20, which component consists of the Montana developmental center; and

(e) the veterans' nursing homes for the nursing home and domiciliary care of honorably discharged veterans as provided by law, consisting of:

(i) the Montana veterans' home;

(ii) the eastern Montana veterans' home at Glendive; and

(iii) the southwestern Montana veterans' home.

(2) A state institution may not be moved, discontinued, or abandoned without the consent of the legislature.
Mont. Code Ann. § 53-1-601 — MT Code / Title 53 / Chapter 1 / Part 6 / Section 53-1-601
53-1-601 Purpose of department of public health and human services
Status: in_force

53-1-601 . Purpose of department of public health and human services. The department of public health and human services shall use to maximum efficiency the resources of state government in a coordinated effort to:

(1) develop and maintain comprehensive services and programs in the fields of:

(a) mental health; and

(b) chemical dependency;

(2) provide, according to the requirements of Title 53, chapter 20, inpatient institutional care for persons with developmental disabilities who require institutional care; and

(3) provide nursing home care for honorably discharged veterans as provided by law.
Mont. Code Ann. § 53-21-1304 — MT Code / Title 53 / Chapter 21 / Part 13 / Section 53-21-1304
53-21-1304 Scope of mental health care advance directive
Status: in_force

53-21-1304 . Scope of mental health care advance directive. (1) An adult with capacity may execute a directive. A minor at least 16 years of age with capacity or an emancipated minor as defined in 41-1-401 with capacity may execute a directive.

(2) A directive must:

(a) be in writing;

(b) contain language that clearly indicates that the principal intends to create a directive;

(c) be dated and signed by the principal or at the principal's direction and in the principal's presence if the principal is unable to sign; and

(d) be notarized.

(3) A directive executed in accordance with this part is presumed to be valid. The inability to honor one or more provisions of a directive does not affect the validity of the remaining provisions.

(4) A directive may include any provision relating to mental health treatment, any other medical treatment that may directly or indirectly affect mental health, and the general care of the principal. A directive may include but is not limited to:

(a) instructions for mental health treatment, including medical, behavioral, and social interventions;

(b) consent to specific types of mental health treatment, including medications, other medical treatment, hospitalization, and nonmedical interventions;

(c) refusal to consent to specific types of mental health treatment;

(d) consent to admission to and retention in a facility for mental health treatment;

(e) instructions limiting the revocability of the directive;

(f) descriptions of situations that may cause the principal to experience a mental health crisis;

(g) descriptions of behaviors and other indicators that the principal lacks capacity;

(h) instructions to apply interventions that deescalate crisis behaviors and instructions to avoid interventions that escalate crisis behaviors;

(i) instructions regarding who should or should not be notified of the principal's admission to a treatment facility or be allowed to visit the principal at the facility;

(j) appointment of an agent to make mental health treatment decisions on the principal's behalf; and

(k) the principal's nomination of a guardian, limited guardian, or conservator for consideration by the court if guardianship proceedings are commenced.
Mont. Code Ann. § 53-21-1301 — MT Code / Title 53 / Chapter 21 / Part 13 / Section 53-21-1301
53-21-1301 Purpose
Status: in_force

53-21-1301 . Purpose. The purpose of this part is to:

(1) promote more timely, informed, compassionate, and effective mental health care;

(2) recognize the right of any person who has capacity to give or withhold informed consent for mental health services;

(3) prevent unnecessary delays in receiving care for a mental disorder in times of impending or actual crisis;

(4) allow a person with mental illness to provide the legal authority for provision of health care during a period of incapacity, even over the person's own protest;

(5) reduce the use of costly legal interventions, including emergency detentions, civil commitment, involuntary medication, and guardianship;

(6) minimize the impacts of crisis on people, families, communities, and providers; and

(7) support the relationship between the provider and the patient by promoting thoughtful, constructive, and timely communication.
Mont. Code Ann. § 53-9-125 — MT Code / Title 53 / Chapter 9 / Part 1 / Section 53-9-125
53-9-125 Limitations on awards
Status: in_force

53-9-125 . Limitations on awards. (1) Except as otherwise provided in this section, compensation may not be awarded unless the claim is filed with the office within 1 year after the day the criminally injurious conduct occurred causing the injury or death upon which the claim is based. Compensation in cases involving sexual offenses against minors may not be awarded unless the claim is filed with the office within 1 year after the day the criminally injurious conduct was reported to a law enforcement agency or an agency of the state responsible for provision of child welfare services, or within 1 year after the day the victim reaches 18 years of age, whichever occurs last. The time for filing a claim may be extended by the office for good cause shown.

(2) Compensation may not be awarded to a claimant who is the offender or an accomplice of the offender or to any claimant if the award would unjustly benefit the offender or accomplice.

(3) Compensation may not be awarded unless the criminally injurious conduct resulting in injury or death was reported to a law enforcement officer. The report must be made within 72 hours after its occurrence, except in a case involving a sexual offense against a minor or when the office finds there was good cause for the failure to report within that time.

(4) In order to be entitled to benefits under this part, a claimant shall fully cooperate with all law enforcement agencies and prosecuting attorneys in the apprehension and prosecution of the offender causing the criminally injurious conduct. The office, upon finding that the claimant or victim has not fully cooperated with appropriate law enforcement agencies or prosecuting attorneys, may deny or reconsider and reduce an award of compensation.

(5) Compensation otherwise payable to a claimant must be reduced or denied to the extent the compensation benefits payable are or can be recouped from collateral sources.

(6) Persons serving a sentence of imprisonment or residing in any other public institution which provides for the maintenance of the person are not entitled to the benefits of this part.

(7) Compensation may be denied or reduced if the victim contributed to the infliction of death or injury with respect to which the claim is made. Any reduction in benefits under this subsection must be in proportion to what the office finds to be the victim's contribution to the infliction of death or injury.
Mont. Code Ann. § 53-1-209 — MT Code / Title 53 / Chapter 1 / Part 2 / Section 53-1-209
53-1-209 Allowed purpose
Status: in_force

53-1-209 . Allowed purpose. The former forensic unit at Warm Springs is the property of the department of corrections, and the building may be used only for treatment of inmates with chemical dependency or other mental or physical health-related problems.
Mont. Code Ann. § 53-30-102 — MT Code / Title 53 / Chapter 30 / Part 1 / Section 53-30-102
53-30-102 Qualifications of state prison warden
Status: in_force

53-30-102 . Qualifications of state prison warden. The warden of a state prison must be trained through education and experience in directing a custody, treatment, training, or rehabilitation program in a penal or correctional institution.
Mont. Code Ann. § 53-6-1603 — MT Code / Title 53 / Chapter 6 / Part 16 / Section 53-6-1603
53-6-1603 Process to establish cost reporting
Status: in_force

53-6-1603 . Process to establish cost reporting. (1) The department of public health and human services shall establish a cost reporting process that:

(a) implements a standardized cost reporting format that includes recognized revenues and expenditures incurred by medicaid service providers;

(b) identifies medicaid service providers and other providers that are required to submit cost reporting information;

(c) identifies providers that are exempt from cost reporting requirements;

(d) determines a base year for data collection and identifies the types of expenditures and revenues for which providers are required to report data in order for the department to analyze the data and make determinations about rate adequacy;

(e) collects data to update the base-year expenditures at least once every 4 years but not more than once in any 2-year period;

(f) consults medicaid service providers in the development of the cost report format; and

(g) establishes protocols to protect provider cost reporting data.

(2) Identified medicaid service providers shall:

(a) provide actual expenditures and revenue data to the department in the standardized reporting format established under this section;

(b) submit cost information reflecting costs incurred during the provider's most recent fiscal year; and

(c) provide audits or cooperate in audits of the submitted data if requested by the department.
Mont. Code Ann. § 53-20-141 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-141
53-20-141 Denial of legal rights
Status: in_force

53-20-141 . Denial of legal rights. (1) Unless specifically stated in an order by the court, a person committed to a residential facility or for whom a community treatment plan has been imposed for an extended course of habilitation does not forfeit any legal right or suffer any legal disability by reason of the provisions of this part, except to the extent that it may be necessary to detain the person for habilitation, evaluation, or care.

(2) Whenever a person is admitted to a residential facility or a community treatment plan is imposed for the person for a period of more than 30 days, the court ordering the commitment or imposing the community treatment plan may make an order stating specifically any legal rights that are denied and any legal disabilities that are imposed on the respondent. As part of its order, the court may appoint a person to act as conservator of the respondent's property. Any conservatorship created pursuant to this section terminates upon the conclusion of the commitment or expiration of the order imposing the community treatment plan if not previously terminated by the court. A conservatorship or guardianship extending beyond the period of the commitment or order imposing a community treatment plan may not be created except according to the procedures set forth under Montana law for the appointment of conservators and guardians generally.

(3) A person who has been committed to a residential facility or for whom a community treatment plan has been imposed pursuant to this part is, upon the termination of the commitment or expiration of the order imposing the community treatment plan, automatically restored to all of the person's civil and legal rights that may have been lost when the person was committed or the community treatment plan was imposed. However, this subsection does not affect any guardianship or conservatorship created independently of the proceedings according to the provisions of Montana law relating to the appointment of conservators and guardians generally. Upon termination of any commitment or order imposing a community treatment plan under this part, the qualified intellectual disability professional or case manager in charge of the person's care shall give the person a written statement setting forth the substance of this subsection.
Mont. Code Ann. § 53-6-124 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-124
53-6-124 Definitions
Status: in_force

53-6-124 . Definitions. As used in 53-6-101 , 53-6-116 , 53-6-125 , 53-6-127 , and this section, the following definitions apply:

(1) "Conversion factor" means the dollar value that is multiplied by the appropriate relative value unit to calculate a price for a service provided by a physician.

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

(3) "Direct patient care agreement" means an agreement for health care services as provided for in 50-4-107 .

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

(5) "Physician" has the meaning provided in 37-3-102 .

(6) "Policy adjuster" means a factor by which the fee determined under 53-6-125 is multiplied to increase the fee paid by medicaid for certain categories of services.

(7) "Relative value unit" means a numerical value assigned in the resource-based relative value scale to each procedure code used to bill for services provided by a physician.

(8) "Resource-based relative value scale" means the medicare resource-based relative value scale contained in the physician's medicare fee schedule adopted by the centers for medicare and medicaid services of the U.S. department of health and human services.
Mont. Code Ann. § 53-20-306 — MT Code / Title 53 / Chapter 20 / Part 3 / Section 53-20-306
53-20-306 Federal aid
Status: in_force

53-20-306 . Federal aid. The department of public health and human services may apply for and receive federal-aid money or other assistance that is available for programs in the nature of the program created by this part.
Mont. Code Ann. § 53-7-205 — MT Code / Title 53 / Chapter 7 / Part 2 / Section 53-7-205
53-7-205 Eligibility for services
Status: in_force

53-7-205 . Eligibility for services. (1) A person may receive services provided for under this part if the department determines that:

(a) the person has a severe disability;

(b) the person lacks social competence, mobility, experience, skills, training, or other characteristics of independence;

(c) the person is in need of services provided for under this part; and

(d) the needed services are available for that person.

(2) The receipt of services under this part by an eligible person shall be governed by an individual service plan developed in accordance with state and federal requirements.
Mont. Code Ann. § 53-20-119 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-119
53-20-119 Appeal procedure
Status: in_force

53-20-119 . Appeal procedure. Any order issued by a court after a hearing held pursuant to any provision of this part may be appealed to the Montana supreme court in the same manner as for civil appeals generally.
Mont. Code Ann. § 53-21-194 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-194
53-21-194 Department licensure of behavioral health inpatient facilities -- rulemaking authority -- transfer criteria
Status: in_force

53-21-194 . Department licensure of behavioral health inpatient facilities -- rulemaking authority -- transfer criteria. (1) The department may license behavioral health inpatient facilities to provide inpatient psychiatric care to persons involuntarily committed or detained under this title or to persons seeking treatment voluntarily.

(2) The department shall adopt rules:

(a) governing the qualifications for licensure of behavioral health inpatient facilities; and

(b) establishing criteria pursuant to subsection (4) for admission to a behavioral health inpatient facility or transfer of a patient from a behavioral health inpatient facility to the state hospital.

(3) The rules for licensure must provide standards for the protection of the health and safety of persons committed to or detained in a behavioral health inpatient facility, including:

(a) requirements for medical stability;

(b) maximum length of stay;

(c) staffing levels and qualifications;

(d) building code classifications for occupancy; and

(e) security.

(4) The criteria for admission or transfer of an individual must reflect:

(a) individualized consideration of the patient's treatment needs and the safety of the public, including the prospects for the patient's successful transition to community care within the current period of commitment;

(b) the appropriateness of specialized programs or facilities at the state hospital; and

(c) the recommendations of the individual's treating professionals or state hospital staff.

(5) The department shall provide notice to the district courts and professional persons of the designation of any mental health facility as a behavioral health inpatient facility, the facility's capacity, and the criteria for admission and transfer.
Mont. Code Ann. § 53-6-1502 — MT Code / Title 53 / Chapter 6 / Part 15 / Section 53-6-1502
53-6-1502 Purpose
Status: in_force

53-6-1502 . Purpose. (1) The legislature finds that providers of service that participate in medicare and Montana medicaid are required to submit information to achieve the settlement of costs relating to health care social services rendered to beneficiaries. The submitted cost reports cover the providers' fiscal year of operations based on the providers' accounting year.

(2) The legislature finds that to balance prompt reimbursement to providers and maintain Montana medicaid's program integrity, the Montana medicaid program shall align cost-based reimbursement procedures with the procedures utilized by the medicare program. This includes prompt initial settlement upon submission of a provider's cost report and subsequent adjustment after a desk review or audit of the cost report is performed by the applicable medicare administrative contractor.

(3) This part applies to annual cost reports when submitted by a critical access hospital, as defined 50-5-101 .
Mont. Code Ann. § 53-22-104 — MT Code / Title 53 / Chapter 22 / Part 1 / Section 53-22-104
53-22-104 Annual budget
Status: in_force

53-22-104 . Annual budget. The department of public health and human services in its annual budget shall include amounts necessary to discharge the financial obligations incurred by it to carry out the purposes of the Interstate Compact on Mental Health.
Mont. Code Ann. § 53-6-1013 — MT Code / Title 53 / Chapter 6 / Part 10 / Section 53-6-1013
53-6-1013 Contracting
Status: in_force

53-6-1013 . Contracting. The department may contract for the administration of any components of the program, including but not limited to outreach, eligibility, claims, administration, price and rebate negotiations, and drug rebate recovery and redistribution. Any contract to administer any program component must prohibit the contractor from receiving any compensation or other benefit from any drug manufacturer, labeler, or distributor participating in the medicaid or prescription drug plus discount programs.
Mont. Code Ann. § 53-6-801 — MT Code / Title 53 / Chapter 6 / Part 8 / Section 53-6-801
53-6-801 Purpose
Status: in_force

53-6-801 . Purpose. The purpose of this part and the long-term care insurance partnerships authorized by this part is to encourage individuals to purchase long-term care insurance policies or certificates that will provide for their potential long-term care needs, thereby reducing the amount of money spent by the state of Montana for long-term care under the Montana medicaid program. The purpose of this part is also to provide an incentive for the purchase of the policies or certificates by providing individuals some protection from the requirement that they spend down their resources in order to qualify for medical assistance benefits in the form of payment for long-term care.
Mont. Code Ann. § 53-4-237 — MT Code / Title 53 / Chapter 4 / Part 2 / Section 53-4-237
53-4-237 Stepparent resources and income
Status: in_force

53-4-237 . Stepparent resources and income. Notwithstanding the provisions of 40-6-217 , in the administration of this part the department may consider the income and resources of stepparents and other individuals who reside in the home as resources and income available to the household.
Mont. Code Ann. § 53-20-212 — MT Code / Title 53 / Chapter 20 / Part 2 / Section 53-20-212
53-20-212 Discrimination forbidden
Status: in_force

53-20-212 . Discrimination forbidden. The services provided under this part shall be made available without discrimination on the basis of race, color, creed, religion, or ability to pay and shall comply with the provisions of Title VI of the federal Civil Rights Act of 1964.
Mont. Code Ann. § 53-1-204 — MT Code / Title 53 / Chapter 1 / Part 2 / Section 53-1-204
53-1-204 Responsibility of warden and superintendents of institutions
Status: in_force

53-1-204 . Responsibility of warden and superintendents of institutions. The warden or superintendents of institutions in the department of corrections are responsible for the immediate management and control of their respective institutions, subject to the general policies and programs established by the department of corrections.
Mont. Code Ann. § 53-21-1103 — MT Code / Title 53 / Chapter 21 / Part 11 / Section 53-21-1103
53-21-1103 Suicide hotline
Status: in_force

53-21-1103 . Suicide hotline. (1) The department is required to have a suicide crisis hotline available, staffed by paid, trained employees 24 hours a day and 365 days a year.

(2) The hotline may be operated by the department or by a qualified Montana-based, nonprofit organization.

(3) The department shall conduct an annual review of hotline utilization and operator performance.
Mont. Code Ann. § 53-2-103 — MT Code / Title 53 / Chapter 2 / Part 1 / Section 53-2-103
53-2-103 Records and reports
Status: in_force

53-2-103 . Records and reports. (1) Each local office of public assistance shall keep records and make reports in the detail that the department requires and shall transmit to the department upon its request copies of applications and any other records pertaining to any case.

(2) The department shall keep the records in the form and containing the information that the federal social security board requires and shall comply with the provisions that the federal board finds necessary to ensure the correctness and verification of the reports.
Mont. Code Ann. § 53-19-311 — MT Code / Title 53 / Chapter 19 / Part 3 / Section 53-19-311
53-19-311 Special assessment
Status: in_force

53-19-311 . Special assessment. (1) A fee of 10 cents a month must be assessed on each end user connection provided and billed or any prepaid options by each service provider and is imposed for the purposes of this part.

(2) Each subscriber of a service provider is liable for payment to the service provider of any fee properly imposed pursuant to this part. The service provider is not liable for any uncollected fee, nor does the service provider have an obligation to take legal action to enforce the collection of any fee that is unpaid by its subscribers.

(3) (a) Each service provider that periodically bills subscribers for its services shall bill each subscriber for the fee provided for in subsection (1). For subscribers who are not billed periodically, including but not limited to subscribers who purchase prepaid wireless telecommunication services for a flat fee, the service provider shall include in the price of the service a fee of 10 cents for each 30-day period during which the subscriber is authorized to use the service or a prepaid wireless telephone service provider shall remit an amount equal to the fees established in subsection (1) after collecting the amount using one of the following options:

(i) on a monthly basis, the prepaid service provider shall collect an amount equal to the fees established in subsection (1) from each active prepaid subscriber whose account balance is equal to or greater than the fees established in subsection (1); or

(ii) the prepaid service provider shall divide the total intrastate monthly revenue by the average revenue for each prepaid subscriber of the wireless industry to determine the number of prepaid subscribers. The fees established in subsection (1) are then applied to the number of prepaid subscribers.

(b) Each service provider shall file a return provided by the department reporting the amount of fees collected on access line services during the quarter. Except as provided in subsection (4), all fees collected by a service provider must be transmitted to the department no later than the last day of the month following the end of each calendar quarter in which the fees are collected. All fees received by the department must be deposited in the account established in 53-19-310 to the credit of the committee.

(4) Each service provider may deduct and retain 3/4 of 1% of the total fees collected each month to cover its administrative expenses in complying with the requirements of subsection (3).
Mont. Code Ann. § 53-7-204 — MT Code / Title 53 / Chapter 7 / Part 2 / Section 53-7-204
53-7-204 Federal and other aid
Status: in_force

53-7-204 . Federal and other aid. (1) The department may apply for and receive federal aid money or other funding available for the programs provided for under this part.

(2) Federal funds and other funding that may be available may be appropriated to the department for use in administering the provisions of this part.