Mont. Code Ann. § 53-6-111 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-111
53-6-111 Department charged with administration and supervision of medical assistance program -- overpayment recovery -- sanctions for fraudulent and abusive activities -- adoption of rules
Status: in_force

53-6-111 . Department charged with administration and supervision of medical assistance program -- overpayment recovery -- sanctions for fraudulent and abusive activities -- adoption of rules. (1) (a) The department may administer and supervise a vendor payment program of medical assistance under the powers, duties, and functions provided in Title 53, chapter 2, and this chapter and that is in compliance with Title XIX of the Social Security Act.

(b) When submitting a claim for reimbursement, a provider or the provider's agent may reasonably rely on written instructions and advice provided by the department pursuant to 53-6-160 and 53-6-1407 .

(2) (a) The department is entitled to collect from a provider, and a provider is liable to the department for:

(i) the amount of a payment under this part to which the provider was not entitled if the incorrect payment was the result of the provider's error, except as provided in subsection (3), or if the provider's interpretation of the pertinent rule or billing code is not reasonable; and

(ii) the portion of any interim rate payment that exceeds the rate determined retrospectively by the department for the rate period.

(b) If the decision regarding the amount of a payment to which the provider was not entitled depends on an interpretation of a pertinent rule or billing code, the provider has the burden of proving that its interpretation is reasonable and consistent with:

(i) the information given to providers in any applicable Montana medicaid provider rules or manual, including but not limited to the Coding Resources identified in or incorporated by reference in any applicable Montana medicaid provider rule or manual; and

(ii) any written interpretations by the department that were in existence at the time payment was made to the provider.

(c) In addition to the amount of overpayment recoverable under subsection (2)(a), the department is entitled to interest on the amount of the overpayment at the rate specified in 31-1-106 from the date 30 days after the date of mailing of notice of the overpayment by the department to the provider, except that interest accrues from the date of the incorrect payment when the payment was obtained by fraud or abuse.

(d) The department may collect any amount described in subsection (2)(a) by:

(i) withholding current payments to offset the amount due;

(ii) applying methods and using a schedule mutually agreeable to the department and the provider; or

(iii) any other legal means.

(e) The department may suspend payments to a provider for disputed items pending resolution of a dispute only as allowed under 42 CFR 455.23 as of July 1, 2017.

(f) The fact that a provider may have ceased providing services or items under the medical assistance program, may no longer be in business, or may no longer operate a facility, practice, or business does not excuse repayment under this subsection (2).

(3) In an overpayment determination involving medically necessary services that were provided in accordance with applicable medicaid requirements but were improperly billed, a provider must be allowed to submit a new claim or claim adjustment for the services and the claim or adjustment must be considered to be timely filed if submitted within 60 days of notice of the overpayment determination.

(4) The department shall adopt rules establishing a system of sanctions applicable to providers who engage in fraud and abuse. Subject to the definitions in 53-6-155 , the department rules must include but are not limited to specifications regarding the activities and conduct that constitute fraud and abuse.

(5) Subject to subsections (6) and (8), the sanctions imposed under rules adopted by the department under subsection (4) may include but are not limited to:

(a) required courses of education in the rules governing the medicaid program;

(b) suspension of participation in the program for a specified period of time;

(c) permanent termination of participation in the medical assistance program; and

(d) imposition of civil monetary penalties imposed under rules that specify the amount of penalties applicable to a specific activity, act, or omission involving intentional or knowing violation of specified standards.

(6) In all cases in which the department may recover medicaid payments or impose a sanction, a provider is entitled to a hearing under the provisions of Title 2, chapter 4, part 6. The department may not recover an overpayment until all formal hearings and appeals are exhausted except in cases in which the department is investigating a credible allegation that the overpayment was the result of fraud.

(7) (a) If the department or an auditor identifies an underpayment to a provider, the department shall:

(i) notify the provider in writing; and

(ii) within 30 days of identification of the underpayment, pay the provider the additional amount to which the provider is entitled.

(b) If payment depends upon the provider's submission of a new claim or claim adjustment, a new claim or claim adjustment is timely filed if submitted within 60 days of notice of the underpayment.

(8) The remedies provided by this section are separate and cumulative to any other administrative, civil, or criminal remedies available under state or federal law, regulation, rule, or policy.
Mont. Code Ann. § 53-2-904 — MT Code / Title 53 / Chapter 2 / Part 9 / Section 53-2-904
53-2-904 Income and resource exclusions -- FAIM participants
Status: in_force

53-2-904 . Income and resource exclusions -- FAIM participants. In accordance with waivers of federal law that are granted by the food and consumer service of the U.S. department of agriculture, the department may by rule establish special income and resource exclusions to be applied to participants of the FAIM project in determining their eligibility for food stamps and in determining the benefit amount.
Mont. Code Ann. § 53-9-108 — MT Code / Title 53 / Chapter 9 / Part 1 / Section 53-9-108
53-9-108 Limitation of benefit entitlements to proportionate share of available funds
Status: in_force

53-9-108 . Limitation of benefit entitlements to proportionate share of available funds. Claimants receiving benefits under this part are not granted an absolute entitlement to benefits. Benefits must be paid in accordance with the amount of the legislative appropriation. If the office determines at any time that the appropriated funds for a fiscal year will not be an amount that will fully pay all claims, the office may make appropriate proportionate reductions in benefits to all claimants. The reductions do not entitle claimants to future retroactive reimbursements in future fiscal years unless the legislature makes appropriations for retroactive benefits.
Mont. Code Ann. § 53-21-195 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-195
53-21-195 Rehospitalization of patient conditionally released from inpatient treatment facilities -- petition
Status: in_force

53-21-195 . Rehospitalization of patient conditionally released from inpatient treatment facilities -- petition. (1) A proceeding for the rehospitalization of a patient conditionally released from an inpatient mental health facility pursuant to 53-21-182 or 53-21-183 is commenced by the filing of a written petition in any district court by the county attorney, the professional person in charge of the patient's case, or the patient's next of kin. Upon the filing of a petition under this subsection, the clerk of court shall notify each district court that committed the patient for the period of the patient's present hospitalization under 53-21-127 or 53-21-128 and request that the file of the earlier proceeding or proceedings be forwarded to the clerk. The file or files must be promptly forwarded.

(2) The patient has the rights set forth in 53-21-115 in a proceeding under this section.

(3) The petition must state:

(a) the patient's name and last-known address;

(b) the name and address of the patient's spouse, next of kin, attorney, or the friend of respondent appointed by the court, if any and if this information is reasonably ascertainable;

(c) that the patient has been determined by the district court to be suffering from a mental disorder and requiring commitment within the meaning of this part and is presently under a valid order of commitment pursuant to 53-21-127 or 53-21-128 ;

(d) a simple and precise statement of the facts showing that the patient has violated a condition of the release, that the violation has caused a deterioration of the patient's mental disorder, and that as a result of this deterioration, the patient can no longer be appropriately served by outpatient care; and

(e) a statement of the rights of the respondent, including those set forth in 53-21-115 , which must be in conspicuous print and identified by a suitable heading.

(4) The petition must be filed with the clerk of court, who shall immediately notify the judge.

(5) The judge shall issue notice of the time and place of the hearing on the petition. The hearing must be held no more than 5 days after the date that the petition is filed, including weekends and holidays, unless the fifth day falls upon a weekend or holiday or unless additional time is requested by the patient. Further, the judge shall ensure that the notice and copy of the petition are immediately hand-delivered to the patient, to the patient's friend of respondent, if any, and to the patient's counsel.
Mont. Code Ann. § 53-20-223 — MT Code / Title 53 / Chapter 20 / Part 2 / Section 53-20-223
53-20-223 Military dependents -- eligibility and placement determinations
Status: in_force

53-20-223 . Military dependents -- eligibility and placement determinations. (1) If a military dependent is eligible for home and community-based developmental disability services while physically present in the state, the department shall reinstate the dependent's eligibility and placement status when the dependent returns to the state if the military service member provides proof acceptable to the department that:

(a) the military service member was on military assignment outside the state, was a legal resident of the state before the military assignment, and maintained residency in the state while on the military assignment;

(b) the military service member and military dependent are physically present in the state and intend to reside permanently in the state while the dependent is receiving services;

(c) the military service member returned to the state within 18 months of separating from military service; and

(d) the military dependent is not eligible for coverage of home and community-based services under another health insurance plan.

(2) (a) Upon the military dependent's return to the state, the department shall reinstate the dependent's eligibility status without a further redetermination of eligibility unless the state's eligibility requirements have changed while the dependent was out of the state.

(b) If the eligibility requirements have changed, the military dependent shall retain eligibility for services until eligibility under the new requirements has been determined.

(3) (a) If the military dependent was on a waiting list for services at the time the dependent left the state due to the military service member's military assignment, the department shall determine the military dependent's place on the waiting list as if the dependent had remained in the state during the time of the military assignment.

(b) If the department finds that the military dependent would be immediately eligible for services upon return to the state, the department shall place the dependent in services as soon as an opening occurs. The department may not remove a person from services in order to place a military dependent in services.

(4) Upon the military dependent's return to the state and when a request for services is made, the department shall notify the dependent of the availability of services and any changes in eligibility requirements. The department shall provide due process through the appeals processes established by the department.

(5) To continue eligibility under this section, the military dependent must inform the department of the dependent's current address and provide updates as requested by the department.
Mont. Code Ann. § 53-20-222 — MT Code / Title 53 / Chapter 20 / Part 2 / Section 53-20-222
53-20-222 Respite care and employment responsibilities -- liabilities
Status: in_force

53-20-222 . Respite care and employment responsibilities -- liabilities. (1) Contingent upon approval of the program by the federal government for purposes of receiving federal medicaid funds, the department may make payment to an approved, certified, and qualified medicaid provider who passes through the payment on behalf of a family to a person providing respite care for individuals who, because of age or infirmity, are unable to care for themselves as provided under 29 U.S.C. 213. A qualified medicaid provider who passes through payment may not be considered an employer by the department for the purposes of workers' compensation, unemployment insurance, or wage and hour requirements.

(2) The department, through administrative rule, waiver of a state or federal program providing payment for respite care, or a pilot program, may not require a qualified medicaid provider to assume employer responsibilities or liabilities if the family chooses to negotiate the respite care agreement and the qualified provider does not:

(a) control the person who provides respite care; or

(b) direct the respite care provided by the person.

(3) (a) The department may provide an option to families to choose self-directed care.

(b) The department shall continue to provide families the choice of negotiating respite care by using a local qualified medicaid provider to provide pass-through payment and benefiting from the exemptions provided under 39-3-406 , 39-51-204 , and 39-71-401 .
Mont. Code Ann. § 53-2-201 — MT Code / Title 53 / Chapter 2 / Part 2 / Section 53-2-201
53-2-201 Powers and duties of department
Status: in_force

53-2-201 . Powers and duties of department. (1) The department shall:

(a) administer and supervise public assistance, including the provision of food stamps, food commodities, cash assistance and nonfinancial assistance, as defined in 53-2-902 , energy assistance, weatherization, vocational rehabilitation, services for persons with severe disabilities, developmental disability services, medical care payments in behalf of recipients of public assistance, employment and training services for recipients of public assistance, and other programs as necessary to strengthen and preserve families;

(b) give consultant service to private institutions providing care for adults who are needy, indigent, or dependent or who have disabilities;

(c) cooperate with other state agencies and develop provisions for services to the blind, including the prevention of blindness, the location of blind persons, medical services for eye conditions, and vocational guidance and training of the blind;

(d) organize and supervise the local offices of public assistance in an efficient and economical manner;

(e) assist and cooperate with other state and federal departments, bureaus, agencies, and institutions, when requested, by performing services in conformity with public assistance purposes;

(f) administer all state and federal funds allocated to the department for public assistance and do all things necessary, in conformity with federal and state law, for the proper fulfillment of public assistance purposes;

(g) make rules governing payment for services and supplies provided to recipients of public assistance; and

(h) adopt rules regarding assignment of monetary and medical support upon application for cash assistance, as defined in 53-2-902 , and related medical assistance.

(2) The department may:

(a) purchase, exchange, condemn, as provided in Title 70, chapter 30, or receive by gift either real or personal property that is necessary to carry out its public assistance functions. Title to property obtained under this subsection must be taken in the name of the state of Montana for the use and benefit of the department.

(b) contract with the federal government to carry out its public assistance functions and comply with requirements for receiving federal aid and assistance; and

(c) make rules, consistent with state and federal law, establishing the amount, scope, and duration of services to be provided to recipients of public assistance.
Mont. Code Ann. § 53-21-113 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-113
53-21-113 Costs of committing a patient already voluntarily admitted -- transportation costs for voluntary admission
Status: in_force

53-21-113 . Costs of committing a patient already voluntarily admitted -- transportation costs for voluntary admission. (1) The cost of involuntarily committing a patient who is voluntarily admitted to a mental health facility at the time the involuntary proceedings are commenced must be paid by the county of the patient's residence at the time of admission.

(2) The costs of transportation to a mental health facility under 53-21-111 and 53-21-112 must be provided by the local office of public assistance located in the county of the patient's residence. However, if protective proceedings under Title 72, chapter 5, have been or are initiated with respect to the person, the local office of public assistance may seek reimbursement. If no one else is available to transport the person, the sheriff shall transport the person.
Mont. Code Ann. § 53-2-613 — MT Code / Title 53 / Chapter 2 / Part 6 / Section 53-2-613
53-2-613 Application for assistance -- assignment of support rights
Status: in_force

53-2-613 . Application for assistance -- assignment of support rights. (1) Applications for public assistance, including but not limited to cash assistance or nonfinancial assistance, as defined in 53-2-902 , and medical assistance, may be made in any local office of public assistance. The application must be submitted in the manner and form prescribed by the department and must contain information required by the department.

(2) A person who signs an application for cash assistance, as defined in 53-2-902 , or for related medical assistance assigns to the state, to the department, and to the county, if county funds were used to pay for services, all rights that the applicant may have to monetary and medical support from any other person in the applicant's own behalf or in behalf of any other family member for whom application is made. A person who signs an application for public assistance other than cash assistance, as defined in 53-2-902 , or for related medical assistance may, in accordance with rules adopted by the department, be required to assign to the state, to the department, and to the county all rights that the applicant may have to monetary and medical support from any other person in the applicant's own behalf or on behalf of any other family member for whom application is made.

(3) The assignment:

(a) is effective for current support and medical obligations;

(b) takes effect upon a determination that the applicant is eligible for public assistance; and

(c) remains in effect with respect to the amount of any unpaid support and medical obligation accrued under the assignment that was owed prior to the termination of public assistance to a recipient.

(4) If a person who is the legal custodian and child support obligee under a support order relinquishes physical custody of a child to a caretaker relative without obtaining a modification of legal custody and the caretaker relative is determined eligible for public assistance on behalf of the child, the child support obligation is transferred by operation of law to the caretaker relative and may be assigned as provided in subsection (2). The transfer and assignment terminate when the caretaker relative no longer has physical custody of the child, except for any unpaid support still owing under the assignment at that time.

(5) Whenever a child support or spousal support obligation is assigned to the department pursuant to this section, the following provisions apply:

(a) If the support obligation is based upon a judgment or decree or an order of a court of competent jurisdiction, the department may retain assigned support amounts in an amount sufficient to reimburse the cumulative total of public assistance money expended.

(b) A recipient or former recipient of public assistance may not commence or maintain an action to recover or enforce a delinquent support obligation or make any agreements with any other person or agency concerning the support obligation, except as provided in 40-5-202 .

(c) If a notice of assigned interest is filed with the district court, the clerk of the court may not pay or release for the benefit of any recipient or former recipient of public assistance any amounts received pursuant to a judgment or decree or an order of the court until the department's child support enforcement division has filed a written notice that:

(i) the assignment of current support amounts has been terminated; and

(ii) all assigned support delinquencies, if any, are satisfied or released.

(d) A recipient or former recipient of public assistance may not take action to modify or make any agreement to modify, settle, or release any past, present, or future support obligation unless the department's child support enforcement division is given written notice under the provisions of 40-5-202 . Any modifications or agreements entered into without the participation of the department are void with respect to the state, the department, and the local office of public assistance.

(e) A support obligation assigned under this section may not be terminated, invalidated, waived, set aside, or considered uncollectible by the conduct, misconduct, or failure of a recipient or former recipient of public assistance to take any action or to cease any action required under a decree, judgment, support order, custody order, visitation order, restraining order, or other similar order.
Mont. Code Ann. § 53-2-612 — MT Code / Title 53 / Chapter 2 / Part 6 / Section 53-2-612
53-2-612 Lien of department upon third-party recoveries
Status: in_force

53-2-612 . Lien of department upon third-party recoveries. (1) Upon notice by the department or the recipient to a third party or the third party's insurer as provided in subsection (5)(b), the department has a lien upon money paid by a third party or the third party's insurer in satisfaction of a judgment or settlement arising from a recipient's claim for damages or compensation for personal injury, disease, illness, or disability to the extent that the department has paid medical assistance on behalf of the recipient for the same personal injury, disease, illness, or disability and to the extent that the money represents payment for medical expenses.

(2) The department may, in the name of the recipient on whose behalf medical assistance has been paid by the department, commence and prosecute to final conclusion any action that may be necessary to recover from a third party or the third party's insurer compensation or damages for medical assistance paid by the department on behalf of the recipient. This section does not affect the right of the recipient to initiate and prosecute to final conclusion an action for damages or compensation in the recipient's own name in accordance with the provisions of this section.

(3) (a) The lien is subordinate to the lien of an attorney under 37-61-420 .

(b) Unless specifically provided by law, the recipient's right to recover damages or compensation from a third party or a third party's insurer may not be reduced or denied on the ground that the recipient's costs of medical treatment and medical-related services have been paid by the department under any public assistance program.

(c) From the amount collected by the department or recipient from legal proceedings or as a result of settlement, reasonable attorney fees and costs must be first deducted and paid. Unless the department and the recipient agree to a different settlement, the amount previously paid as medical assistance by the department, less a pro rata share of attorney fees and costs, must be deducted next and paid to the department, but only to the extent that the amount paid as medical assistance does not exceed the portion of the amount collected that represents payment of medical expenses. The remainder, if any, must be paid to the recipient.

(d) In all cases of payment to the department out of an amount collected from a third party or insurer on a recipient's claim, the amount of the lien must be reduced by a pro rata share of attorney fees and costs as provided in subsection (3)(c), but the department may not be required to participate in payment of attorney fees and costs unless the recipient's claim results in recovery out of which the department receives full or partial payment of its lien.

(e) (i) Except as provided in subsections (3)(e)(ii) and (3)(e)(iii), the department may not impose a lien under this section upon a self-sufficiency trust established pursuant to Title 53, chapter 18, part 1, or upon the assets of a self-sufficiency trust established pursuant to Title 53, chapter 18, part 1.

(ii) The department may impose a lien under this section upon a self-sufficiency trust or upon the assets of a self-sufficiency trust established pursuant to Title 53, chapter 18, part 1, if the department is required by federal law to recover or collect from the trust or its assets as a condition of receiving federal financial participation for the medicaid program.

(iii) To the extent otherwise permitted by this section, the department is not precluded from asserting a claim or imposing a lien upon real or personal property prior to transfer of the property to the trust. If the department imposes a lien upon property prior to transfer to a self-sufficiency trust, any transfer of the property to the trust is subject to the lien.

(4) (a) A recipient of medical assistance or the recipient's legal representative shall notify the department by certified letter within 30 days if the recipient or the recipient's legal representative asserts a claim against a third party or a third party's insurer for damages or compensation for a personal injury, disease, illness, or disability for which the department paid medical assistance in whole or in part or for which the recipient has applied for medical assistance. The notice must be mailed to the director of the department. At the same time, a copy must be sent by certified mail to the third party or the third party's insurer.

(b) The notice must contain the following information:

(i) the name and address of the recipient and the recipient's legal representative, if any;

(ii) the name and address of the third party alleged to be liable to the recipient;

(iii) the name and address of any known insurer of the third party; and

(iv) the judicial district and docket number of any action filed.

(c) A recipient or the recipient's legal representative who has received actual notice that the department has paid medical assistance is liable to the department for the amount it is entitled to receive under this section if:

(i) the recipient or the recipient's legal representative fails to timely notify the department or fails to mail a copy of the notice to the third party or the third party's insurer; and

(ii) a third party or the third party's insurer that did not receive notice from the department as provided for in subsection (5)(b) pays the recipient or the recipient's legal representative without satisfying any lien of the department.

(5) (a) If a third party or the third party's insurer that has received notice of the department's lien as provided for in subsection (5)(b) makes payment in whole or in part of the recipient's claim without first satisfying the lien of the department, the third party or the third party's insurer is liable to the department for the amount the department is entitled to receive under this section.

(b) For the purposes of subsection (5)(a), a third party or the third party's insurer has been given notice if:

(i) the department mails, by certified mail, to the third party or the third party's insurer:

(A) a statement of the medical assistance paid or that may be paid by the department on behalf of the recipient; and

(B) a claim for reimbursement;

(ii) the recipient or the recipient's legal representative mails, by certified mail, to the third party or the third party's insurer:

(A) a copy of the notice required by subsection (4)(a); or

(B) a statement stating that the recipient has applied for or has received medical assistance from the department in connection with the same claim; or

(iii) the recipient or the recipient's legal representative has commenced an action against the third party or the third party's insurer for damages or compensation for personal injury, disease, illness, or disability for which the department has paid or may pay medical assistance, in whole or in part, and the department files in the court in which the action is pending a notice of lien stating that a lien is claimed for medical assistance on any money paid in satisfaction of any judgment in or settlement of the action and that:

(A) medical assistance in a stated amount has been paid by the department on behalf of the recipient; or

(B) medical assistance may be paid on behalf of the recipient.

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

(a) "Legal representative" means an attorney having or exercising authority on behalf of a recipient with respect to a claim or action to recover damages or compensation from a third party or a third party's insurer.

(b) "Recipient" means a person on whose behalf the department has paid or may pay medical assistance for the cost of medical treatment and medical-related services for personal injury, disease, illness, or disability. If the context allows, the term includes a recipient's legal representative.

(c) "Third party" means an individual, institution, corporation, or public or private agency that is or may be liable to pay all or part of the cost of medical treatment and medical-related services for personal injury, disease, illness, or disability of a recipient of medical assistance from the department and includes but is not limited to insurers, health service organizations, and parties liable or who may be liable in tort.
Mont. Code Ann. § 53-9-132 — MT Code / Title 53 / Chapter 9 / Part 1 / Section 53-9-132
53-9-132 Subrogation
Status: in_force

53-9-132 . (Temporary) Subrogation. (1) If a claimant seeks compensation under this part and compensation is awarded, the office is entitled to full subrogation against a judgment or recovery received by the claimant against the offender or a collateral source arising from the criminally injurious conduct committed by the offender for all compensation paid under this part. The office's right of subrogation is a first lien on the judgment or recovery. If the claimant does not institute the action against the offender or collateral source within 1 year from the date the criminally injurious conduct occurred, the office may institute the action in the name of the claimant or the claimant's personal representative. Funds recovered under this section must be paid to the crime victims compensation and assistance program in the department of justice for deposit in the account provided for in 53-9-113 .

(2) If the claimant institutes the action, the office shall pay a proportional share of costs and attorney fees if it recovers under its subrogation interest.

(3) If the office institutes the action in the name of the claimant or the claimant's personal representative and the recovery is in excess of the amount of compensation paid to the claimant and costs incurred by the office in pursuit of the action, the excess must be paid to the claimant.

(4) If a judgment or recovery includes both damages for bodily injury or death for which the office has paid compensation under this part and damages for which the office has not paid compensation, then the office's subrogation interest applies only to that proportion of the judgment or recovery for which it has paid compensation. In a civil action in a court of this state arising out of criminally injurious conduct, the judge, on timely motion, shall direct the jury to return a special verdict indicating separately the amounts of the various items of damages awarded. A claimant may not make recoveries against the offender or collateral source in such a way as to avoid and preclude the office from receiving its proper subrogation share as provided in this section. The office shall release its lien provided for in subsection (1) upon receipt of its subrogation share. (Terminates June 30, 2027--secs. 1, 2, 3, Ch. 139, L. 2021.)
Mont. Code Ann. § 53-20-110 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-110
53-20-110 Community treatment plan -- elements -- placement
Status: in_force

53-20-110 . Community treatment plan -- elements -- placement. A court may order a respondent to be placed in a community treatment plan as a less restrictive alternative to commitment to a residential facility. The plan may include but is not limited to requiring the respondent to:

(1) participate in a specified set of community-based services;

(2) participate in services addressing the risk to self or others, including but not limited to group or individual therapy, staff supervision, psychiatric care, or medication; and

(3) abide by individualized restrictions on the respondent's behavior or other conditions of continued participation that the court finds necessary to protect the respondent or the public, including but not limited to residential requirements, restrictions on access to intoxicants or weapons, productive use of free time, limited financial independence, curfew, or authorization for providers to share information about the respondent with law enforcement.
Mont. Code Ann. § 53-25-105 — MT Code / Title 53 / Chapter 25 / Part 1 / Section 53-25-105
53-25-105 Program oversight committee -- membership -- powers and duties
Status: in_force

53-25-105 . Program oversight committee -- membership -- powers and duties. (1) The department shall establish a program oversight committee under the authority of the department.

(2) The committee must consist of five members as follows:

(a) the director of the department of public health and human services or the director's designee;

(b) the director of the department of administration or the director's designee; and

(c) three members of the general public, one of whom possesses knowledge, skill, and experience in accounting, risk management, or investment management or as an actuary, one of whom has experience working on behalf of disabled individuals, and one of whom has a disability.

(3) (a) Except as provided in subsection (3)(b), the governor shall appoint the public members of the committee to staggered terms of 4 years. The members are not subject to senate confirmation.

(b) The governor shall make the initial appointment of the public members as follows:

(i) one person to serve a 2-year term;

(ii) one person to serve a 3-year term; and

(iii) one person to serve a 4-year term.

(4) The committee shall select a presiding officer and a vice presiding officer from among the committee's membership.

(5) A majority of the membership constitutes a quorum for the transaction of business. The committee shall meet at least once a year, with additional meetings called by the presiding officer.

(6) The committee:

(a) shall recommend financial institutions for approval by the department to act as the managers of accounts as provided in 53-25-112 ; and

(b) may submit proposed policies to the department to help implement and administer this chapter.

(7) The committee is allocated to the department for administrative purposes only, as provided in 2-15-121 .

(8) Members of the committee must be compensated as provided in 2-15-124 .
Mont. Code Ann. § 53-30-322 — MT Code / Title 53 / Chapter 30 / Part 3 / Section 53-30-322
53-30-322 Powers and responsibilities of department
Status: in_force

53-30-322 . Powers and responsibilities of department. The department may:

(1) upon the request of a local community corrections board, provide assistance in the planning of community corrections facilities and programs; and

(2) contract with a community corrections facility or program for the provision of services for offenders under the custody of the department. The contract must address facility or program review and evaluation, accounting and reporting standards, and reimbursement of the facility or program.
Mont. Code Ann. § 53-4-717 — MT Code / Title 53 / Chapter 4 / Part 7 / Section 53-4-717
53-4-717 Sanctions
Status: in_force

53-4-717 . Sanctions. If an individual receiving cash assistance is required to participate in an employment and training program as a condition of an individual responsibility plan and fails without good cause to participate, the individual must be sanctioned in accordance with rules established by the department. Except as required by federal law, a sanction may not include any restriction or termination of food stamps or medicaid coverage, and child-care benefits may only be continued for employment-related activities required by the individual responsibility plan that the participant has signed that are to be performed during the sanction period. The department may establish rules to ensure that individuals who participate in good faith are sanctioned properly and obtain additional case management services to ensure compliance with the individual responsibility plan.
Mont. Code Ann. § 53-6-133 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-133
53-6-133 Eligibility determination
Status: in_force

53-6-133 . Eligibility determination. (1) The local office of public assistance shall promptly determine the eligibility of each applicant under this part in accordance with the rules of the department. Each applicant must be informed of the right to a fair hearing and of the confidential nature of the information given. The department, through the local office of public assistance, shall, after the hearing, determine whether or not the applicant is eligible for assistance under this part, and aid must be furnished promptly to eligible persons. Each applicant must receive written notice of the decision concerning the applicant's application, and the right of appeal is secured to the applicant under the procedures of 53-2-606 .

(2) The local office of public assistance and the department may accept the federal social security administration's determination of eligibility for supplemental security income, Title XVI of the Social Security Act, as qualifying the eligible individuals to receive medical assistance under this part.

(3) (a) The department shall verify the information provided on an application for medicaid under part 13 or under this part, using data sources allowed under federal law or regulation and Montana department of revenue information as required under subsection (3)(b), to confirm an applicant's eligibility for the program before authorizing payment of benefits under the program.

(b) The department shall request income tax and wage income from the department of revenue as allowed under 15-30-2618 and 15-31-511 to verify the income information provided by applicants who may be eligible for coverage pursuant to 53-6-1304 .

(4) The department shall establish by rule the documents to be used to verify that an applicant is a Montana resident.
Mont. Code Ann. § 53-6-161 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-161
53-6-161 Terminated
Status: in_force

53-6-161 . Terminated. Sec. 8, Ch. 614, L. 1991.
Mont. Code Ann. § 53-21-128 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-128
53-21-128 Petition for extension of commitment period
Status: in_force

53-21-128 . Petition for extension of commitment period. (1) (a) Not less than 2 calendar weeks prior to the end of the 3-month period of commitment to the state hospital, a behavioral health inpatient facility, or the Montana mental health nursing care center or the period of commitment to a community facility or program or a course of treatment provided for in 53-21-127 , the professional person in charge of the patient at the place of commitment may petition the district court in the county where the patient is committed for extension of the commitment period unless otherwise ordered by the original committing court. The petition must be accompanied by a written report and evaluation of the patient's mental and physical condition. The report must describe any tests and evaluation devices that have been employed in evaluating the patient, the course of treatment that was undertaken for the patient, and the future course of treatment anticipated by the professional person.

(b) Upon the filing of the petition, the court shall give written notice of the filing of the petition to the patient, the patient's next of kin, if reasonably available, the friend of respondent appointed by the court, and the patient's counsel. If any person notified requests a hearing prior to the termination of the previous commitment authority, the court shall immediately set a time and place for a hearing on a date not more than 10 days, not including Saturdays, Sundays, and holidays, from the receipt of the request and notify the same people, including the professional person in charge of the patient. When a hearing is requested less than 10 days prior to the termination of the previous commitment authority, the previous commitment is considered extended until the hearing is held. The notice of hearing must include a notice of this extension. If a hearing is not requested, the court shall enter an order of commitment for a period not to exceed 6 months.

(c) Procedure on the petition for extension when a hearing has been requested must be the same in all respects as the procedure on the petition for the original 3-month commitment, except that the patient is not entitled to a trial by jury. The hearing must be held in the district court having jurisdiction over the facility in which the patient is detained unless otherwise ordered by the court. Court costs and witness fees, if any, must be paid by the county that paid the same costs in the initial commitment proceedings.

(d) If upon the hearing the court finds the patient not to be suffering from a mental disorder and requiring commitment within the meaning of this part, the patient must be discharged and the petition dismissed. If the court finds that the patient continues to suffer from a mental disorder and to require commitment, the court shall order commitment as set forth in 53-21-127 . However, an order extending the commitment period may not affect the patient's custody for more than 6 months and may not commit the patient to a behavioral health inpatient facility. In its order, the court shall describe what alternatives for treatment of the patient are available, what alternatives were investigated, and why the investigated alternatives were not found suitable. The court may not order continuation of an alternative that does not include a comprehensive, individualized plan of treatment for the patient. A court order for the continuation of an alternative must include a specific finding that a comprehensive, individualized plan of treatment exists.

(2) Prior to the end of the period of commitment to a community facility or program or course of treatment, a respondent may request that the treating provider petition the district court for an extension of the commitment order. The petition must be accompanied by a written report and evaluation of the respondent's mental and physical condition, an updated treatment plan, and a written statement by the respondent that an extension is desired. The extension procedure must follow the procedure required in subsections (1)(b) through (1)(d).

(3) Further extensions under subsection (1) or (2) may be obtained under the same procedure described in subsection (1). However, the patient's custody may not be affected for more than 1 year without a renewal of the commitment under the procedures set forth in subsection (1), including a statement of the findings required by subsection (1).
Mont. Code Ann. § 53-30-312 — MT Code / Title 53 / Chapter 30 / Part 3 / Section 53-30-312
53-30-312 Creation of community corrections boards -- membership -- appointment -- terms -- compensation
Status: in_force

53-30-312 . Creation of community corrections boards -- membership -- appointment -- terms -- compensation. (1) A unit of local government, the governing bodies of two or more units of local government, or a tribal government may establish a community corrections board.

(2) A community corrections board consists of three to seven members, must, when possible, be gender-balanced and have racial parity, and must include:

(a) one local law enforcement officer;

(b) one probation and parole officer; and

(c) one member of the public.

(3) Members of a community corrections board must be appointed by the chief executive officer of the unit of local government or the tribal government in the judicial district in which community corrections facilities or programs are established.

(4) Members of a community corrections board shall serve for a term of 4 years.

(5) Members of a community corrections board shall serve without compensation except as otherwise decided by the units of local government or a tribal government.
Mont. Code Ann. § 53-21-169 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-169
53-21-169 Protection and advocacy system -- designation and authority
Status: in_force

53-21-169 . Protection and advocacy system -- designation and authority. (1) A protection and advocacy system for individuals with a significant mental illness or emotional impairment is designated by the governor and may be administered in the state under the provisions of 42 U.S.C. 10801 through 10851. An eligible mental health protection and advocacy system under the provisions of 42 U.S.C. 10801 through 10851 must have as its primary goals:

(a) the protection and advocacy of the rights of mentally ill individuals who are defined in 42 U.S.C. 10802 as individuals with a significant mental illness or emotional impairment; and

(b) the investigation of incidents of abuse and neglect, as defined in 42 U.S.C. 10802, of mentally ill individuals.

(2) Pursuant to 42 U.S.C. 10801 and 10802, the protection and advocacy system may:

(a) investigate incidents of abuse and neglect of mentally ill individuals;

(b) pursue administrative, legal, and other appropriate remedies to ensure the protection of mentally ill individuals who are residents of the state and are receiving care or treatment in the state;

(c) have access to all mentally ill individuals and all facilities, wards, and living quarters as necessary to fulfill the goals described in subsection (1); and

(d) pursuant to 42 U.S.C. 10801 through 10851 and Title 50, chapter 16, part 5, have access to records, including:

(i) reports prepared by the staff of a mental health care and treatment facility;

(ii) reports prepared by an agency investigating reports of abuse, neglect, and injury occurring at a facility and that describe the incidents and the steps taken to investigate the reports;

(iii) reports provided by the director of the department pursuant to 53-21-107 (9); and

(iv) discharge planning records.

(3) All information obtained under this section must be kept confidential pursuant to 42 U.S.C. 10806.

(4) The protection and advocacy system described in this section is independent of any public or private agency that provides treatment or services to the mentally ill.
Mont. Code Ann. § 53-6-108 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-108
53-6-108 Rules governing sanctions or remedies
Status: in_force

53-6-108 . Rules governing sanctions or remedies. The department shall adopt rules governing the application of sanctions or remedies imposed under 53-6-107 , the amounts of any fines, and the severity of each of these sanctions or remedies. The rules must be designed for the imposition of incrementally more severe fines for repeated or uncorrected deficiencies. The civil penalty for violation of the applicable standards imposed by state or federal laws, regulations, or rules may not exceed $10,000 for each day that the deficiency remains uncorrected. A health care facility aggrieved by an action of the department may request a hearing pursuant to Title 2, chapter 4, part 6.
Mont. Code Ann. § 53-6-1307 — MT Code / Title 53 / Chapter 6 / Part 13 / Section 53-6-1307
53-6-1307 Premiums -- collection of overdue premiums -- nonpayment as voluntary disenrollment -- reenrollment -- exemptions
Status: in_force

53-6-1307 . (Temporary) Premiums -- collection of overdue premiums -- nonpayment as voluntary disenrollment -- reenrollment -- exemptions. (1) (a) A program participant shall pay an annual premium, billed monthly, equal to a percentage of the participant's modified adjusted gross income as determined in accordance with 42 U.S.C. 1396a(e)(14). Except as provided in subsection (1)(b), the premiums must:

(i) be set at 2% of a participant's income in the first 2 years the participant receives coverage under this part; and

(ii) increase by 0.5% in each subsequent year that a participant receives coverage, up to a maximum of 4% of the participant's income.

(b) A program participant who is exempt from the community engagement requirements as allowed under 53-6-1308 is exempt from the premium increases in subsection (1)(a)(ii).

(c) Premiums paid pursuant to this section must be deposited in the Montana HELP Act special revenue account provided for in 53-6-1315 .

(2) Within 30 days of a participant's failure to make a required payment, the department or a third-party administrator administering the program, if any, shall notify the participant that payment is overdue and that all overdue premiums must be paid within 90 days of the date the notification was sent.

(3) (a) If a participant with an income of 100% of the federal poverty level or less fails to make payment for overdue premiums, the department shall provide notice to the department of revenue of the participant's failure to pay. The department of revenue shall collect the amount due for nonpayment by assessing the amount against the participant's annual income tax in accordance with Title 15, chapters 1 and 30.

(b) The debt remains until paid and may be collected through assessments against future income tax returns or through a civil action initiated by the state.

(4) If a participant with an income of more than 100% but not more than 138% of the federal poverty level fails to make the overdue payments within 90 days of the date the notification was sent, the department shall:

(a) follow the procedure established in subsection (3) for collection of the unpaid premiums; and

(b) consider the failure to pay to be a voluntary disenrollment from the program. The department may reenroll a participant in the program upon payment of the total amount of overdue payments.

(5) If a participant who has failed to pay the premiums does not indicate that the participant no longer wishes to participate in the program, the department may reenroll the person in the program when the department of revenue assesses the unpaid premium through the participant's income taxes.

(6) Participants who meet two of the following criteria are not subject to the voluntary disenrollment provisions of this section:

(a) discharge from United States military service within the previous 12 months;

(b) enrollment for credit in any Montana university system unit, a tribal college, or any other accredited college within Montana offering at least an associate degree, subject to the provisions of subsection (7);

(c) participation in a workforce program or activity established under Title 39, chapter 12; or

(d) participation in any of the following healthy behavior plans developed by a health care provider or third-party administrator, if any, or approved by the department:

(i) a medicaid health home;

(ii) a patient-centered medical home;

(iii) a cardiovascular disease, obesity, or diabetes prevention program;

(iv) a program restricting the participant to obtaining primary care services from a designated provider and obtaining prescriptions from a designated pharmacy;

(v) a medicaid primary care case management program established by the department;

(vi) a tobacco use prevention or cessation program;

(vii) a medicaid waiver program providing coverage for family planning services;

(viii) a substance abuse treatment program; or

(ix) a care coordination or health improvement plan administered by the third-party administrator.

(7) A participant seeking an exemption under subsection (6) is not eligible for the education exemption provided for in subsection (6)(b) for more than 4 years. (Void on occurrence of contingency--sec. 45, Ch. 415, L. 2019.)
Mont. Code Ann. § 53-21-1302 — MT Code / Title 53 / Chapter 21 / Part 13 / Section 53-21-1302
53-21-1302 Definitions
Status: in_force

53-21-1302 . Definitions. As used in this part, the following definitions apply:

(1) "Agent" means a person designated in a directive to make health care decisions for the principal granting power.

(2) "Capacity" is the ability of a person to understand the significant benefits and risks of and alternatives to proposed health care and to make and communicate a health care decision.

(3) "Directive" means a mental health care advance directive or any part of a mental health care advance directive.

(4) "Health care provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of business or practice of a profession.

(5) "Incapacitated" means that a person is determined by the supervising health care provider or a court to lack the ability to give or withhold consent for medical care.

(6) "Principal" means a person who executes a directive, whether or not that directive designates an agent to make health care decisions.

(7) "Supervising health care provider" means the primary physician or, if there is no primary physician or the primary physician is not reasonably available, the health care provider who undertakes primary responsibility for a principal's health care.
Mont. Code Ann. § 53-25-102 — MT Code / Title 53 / Chapter 25 / Part 1 / Section 53-25-102
53-25-102 Purpose
Status: in_force

53-25-102 . Purpose. (1) It is the intent of the legislature to provide access to a program authorized by section 529A of the Internal Revenue Code, 26 U.S.C. 529A, to encourage and assist individuals and families in saving private funds for the purpose of supporting individuals with disabilities to maintain health, independence, and quality of life and to provide secure funding for disability-related expenses on behalf of designated beneficiaries with disabilities that will supplement, but not supplant, benefits provided through private insurance, federal and state medical and disability insurance, a beneficiary's employment, and other sources.

(2) The legislature further intends that the department achieve this purpose by creating the Montana achieving a better life experience program, which is a public-private partnership using selected financial institutions to serve as depositories for individuals' savings accounts established pursuant to this chapter.
Mont. Code Ann. § 53-6-173 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-173
53-6-173 Contents of lien document -- scope of obligation secured
Status: in_force

53-6-173 . Contents of lien document -- scope of obligation secured. (1) The lien must contain the name and address of the recipient who owns an interest in the property, a legal description of the property, and an address and telephone number of the office or representative of the department who can provide more information about the lien. The lien applies only to the property described in the lien.

(2) The lien need not be executed by or on behalf of the medicaid recipient, but it must be executed by an authorized agent or employee of the department. The execution must be acknowledged as provided in 70-21-203 .

(3) The lien need not state the specific amount of medical assistance repayment owed. The lien is sufficient to secure repayment of past, current, and future recoverable medical assistance if the lien states that:

(a) the lien is imposed under 53-6-171 through 53-6-188 to secure the described property for recovery of medical assistance paid on behalf of the recipient prior to, on, and after the date of the lien; and

(b) the amount paid for recoverable medical assistance is due upon sale, transfer, or exchange of any right, title, or interest of the recipient in the property or upon the recipient's death.
Mont. Code Ann. § 53-21-603 — MT Code / Title 53 / Chapter 21 / Part 6 / Section 53-21-603
53-21-603 Chemical dependency treatment center
Status: in_force

53-21-603 . Chemical dependency treatment center. (1) There is a Montana chemical dependency treatment center. The Montana chemical dependency treatment center is the approved public treatment facility as defined in 53-24-103 .

(2) The Montana chemical dependency treatment center shall provide detoxification, evaluation, treatment, referral, and rehabilitation to persons in Montana who are referred for inpatient treatment of alcoholism or other chemical dependency.
Mont. Code Ann. § 53-20-211 — MT Code / Title 53 / Chapter 20 / Part 2 / Section 53-20-211
53-20-211 No effect on existing facilities
Status: in_force

53-20-211 . No effect on existing facilities. Nothing in this part shall be construed to prevent the continuation of existing developmental disabilities facilities or services in the state.
Mont. Code Ann. § 53-21-141 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-141
53-21-141 Civil and legal rights of person committed
Status: in_force

53-21-141 . Civil and legal rights of person committed. (1) Unless specifically stated in an order by the court, a person involuntarily committed to a facility for a period of evaluation or treatment does not forfeit any legal right or suffer any legal disability by reason of the provisions of this part except as it may be necessary to detain the person for treatment, evaluation, or care. All communication between an alleged mentally ill person and a professional person is privileged under normal privileged communication rules unless it is clearly explained to the person in advance that the purpose of an interview is for evaluation and not treatment.

(2) Whenever a person is committed to a mental health facility for a period of 3 months or longer, the court ordering the commitment may make an order stating specifically any legal rights that are denied the respondent 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 involuntary commitment if not sooner terminated by the court. A conservatorship or guardianship extending beyond the period of involuntary commitment may not be created except according to the procedures set forth under Montana law for the appointment of conservators and guardians generally. In the case of a person admitted to a program or facility for the purpose of receiving mental health services, an individual employed by or receiving remuneration from the program or facility may not act as the person's guardian or representative unless the program or facility can demonstrate that no other person is available or willing to act as the person's guardian or representative.

(3) A person who has been committed to a mental health facility pursuant to this part is automatically restored upon the termination of the commitment to all of the person's civil and legal rights that may have been lost when the person was committed. However, this subsection does not affect a guardianship or conservatorship created independently of the commitment proceedings according to the provisions of Montana law relating to the appointment of conservators and guardians generally. A person who leaves a mental health facility following a period of evaluation and treatment must be given a written statement setting forth the substance of this subsection.

(4) A person committed to a mental health facility prior to July 1, 1975, enjoys all the rights and privileges of a person committed after that date.
Mont. Code Ann. § 53-6-1002 — MT Code / Title 53 / Chapter 6 / Part 10 / Section 53-6-1002
53-6-1002 Prescription drug plus discount program -- rules
Status: in_force

53-6-1002 . Prescription drug plus discount program -- rules. (1) The department may provide for a prescription drug plus discount program offering prescription drugs at a discounted price to qualified individuals whose income is at a level set by the department at or below 250% of the federal poverty level and who meet the requirements in 53-6-1003 .

(2) There is a prescription drug plus discount program rebate account in the state special revenue fund to the credit of the department. All money received by the state as rebates from pharmaceutical manufacturers for the program must be deposited in the account. The money in the account, which is administered by the department, must be used to expand prescription drug benefits to qualified individuals. Interest on account balances accrues to the account. The purpose of the account is to:

(a) reimburse participating retail pharmacies for the secondary discounted price; and

(b) reimburse the department for contracted services, administrative costs, associated computer costs, professional fees paid to participating retail pharmacies, pharmacy benefit administrators, and other reasonable program costs.

(3) The department shall provide for sufficient personnel to ensure efficient administration of the program. The extent and the magnitude of the program must be determined by the department on the basis of the calculated need of the recipient population and available funds. The department may not spend more on this program than is available through appropriations, federal or other grants, and other established and committed funding sources. The department may accept, for the purposes of carrying out this program, federal funds appropriated under any federal law relating to the furnishing of free or low-cost drugs to disadvantaged, elderly, and disabled individuals, may take action that is necessary for the purposes of carrying out that federal law, and may accept from any other agency of government, individual, group, or corporation funds that may be available to carry out this part.

(4) The department may adopt rules relating to the conduct of this program.

(5) The department shall, if the department determines that sufficient funds are available, adopt rules to establish the secondary discounted price to be charged to participants in the program. The department may establish a secondary discounted price to encourage the use of generic drugs over higher-cost brand-name drugs.

(6) The department shall establish by rule eligibility based upon the applicant's family income as provided in 53-6-1003 . The total income may not exceed 250% of the federal poverty level. The department may adopt rules defining income. In establishing eligibility based upon income, the department shall take into account the amount of funding available for the program. The department shall issue enrollment materials to eligible individuals.

(7) Establishment of the program is contingent upon compliance with all applicable federal laws. The department may adopt rules necessary to implement conditions required by federal law.

(8) If program costs are expected to exceed the legislative authorization for the program, the department shall adjust discounted prices or eligibility standards to maintain the program within the available funding.

(9) Participation in the program by a pharmacy or a pharmaceutical manufacturer is voluntary.

(10) (a) The department may not contract with either an in-state or out-of-state mail order pharmacy, as defined in 37-7-702 , for the purposes of the program for at least 1 year after persons eligible for the program have begun to purchase drugs through the program. At that time, the department shall evaluate the number of pharmacies within the state providing prescription drugs as part of the program.

(b) If the department determines that there are insufficient pharmacies participating in the program to allow reasonable access to persons qualified to purchase prescription drugs through the program, it may, after the evaluation provided for in subsection (10)(a), use one or more in-state or out-of-state mail order pharmacies, or both, for the purposes of the program.
Mont. Code Ann. § 53-4-1104 — MT Code / Title 53 / Chapter 4 / Part 11 / Section 53-4-1104
53-4-1104 Healthy Montana kids plan
Status: in_force

53-4-1104 . Healthy Montana kids plan. (1) There is a healthy Montana kids plan that provides comprehensive health coverage to uninsured children who are residents of the state.

(2) The plan includes and coordinates access to health coverage for enrollees in the children's health insurance program and the Montana medicaid program.

(3) The department shall administer the plan.

(4) To the extent permitted by federal law, the department shall use the name of the plan on documents associated with programs described in subsection (2), including but not limited to advertising, brochures, applications, and membership cards.

(5) State funding of the plan is contingent upon the availability of federal matching funds through the children's health insurance program or the Montana medicaid program.
Mont. Code Ann. § 53-30-507 — MT Code / Title 53 / Chapter 30 / Part 5 / Section 53-30-507
53-30-507 Rulemaking authority
Status: in_force

53-30-507 . Rulemaking authority. (1) The department may adopt rules to implement this part, including rules for the determination of how sites are to be chosen for regional correctional facilities. The rules must provide that in selecting a site, the department shall consider the need for a regional correctional facility in the area, the ability and willingness of a local governmental entity or a corporation to enter into a long-term contract with the department, and the availability of rehabilitative services to inmates. The rules must require that a corporation respond to a request for proposals prepared by the department for a regional correctional facility before a contract may be entered with that corporation.

(2) The department shall adopt rules that include the minimum applicable standards for the construction, operation, and physical condition of a state correctional facility portion of a regional correctional facility and for the security, safety, health, treatment, and discipline of persons confined in a state correctional facility portion of a regional correctional facility. The rules must require that a privately operated or privately owned and operated state correctional facility portion of a regional correctional facility conform to applicable American correctional association and national commission on correctional health care standards.

(3) (a) The department shall adopt rules pursuant to Title 2, chapter 4, that specify a per diem rate that must be paid to a regional correctional facility for the confinement of persons in the state correctional facility portion of the regional correctional facility.

(b) The rules adopted pursuant to subsection (3)(a) must include but are not limited to:

(i) a definition of per diem rate;

(ii) a method of calculating the per diem rate; and

(iii) the costs to be included in the per diem rate calculation.

(c) At a minimum, the per diem rate must include compensation for:

(i) direct costs, including budget expenditures directly attributable to confining inmates;

(ii) indirect costs, including budget expenditures that are not directly associated with the confinement of inmates but that are incurred to provide support services for the regional correctional facility, not to exceed 3% annually;

(iii) capital costs, limited to the following use allowances:

(A) for buildings and improvements, not to exceed 2.5% of acquisition cost for no more than 40 years; and

(B) for equipment with an individual acquisition cost of $5,000 or more, not to exceed 6 2/3% of acquisition cost for no more than 15 years; and

(iv) other costs that the department determines are necessary, including medical or transportation costs.

(d) The department shall determine by rule the costs that are not allowable as part of a per diem rate. Unallowable costs must include programs and services that do not have a direct benefit to persons confined in the regional correctional facility and depreciation for capital improvements paid for by the department and depreciation for equipment used in providing support services.

(e) A population factor must be included in the per diem rate to allow for accurate compensation based on the number of inmates confined in the regional correctional facility.

(f) The rules must provide for billing procedures and must allow for review of the per diem rate at least once each fiscal year. When reviewing the per diem rate, the department shall accept public comment that must be considered when the department is determining the accuracy of the per diem rate for the next fiscal year.

(4) Beginning July 1, 2019, the regional correctional facility and the department must mutually agree on any personal services increases or nonroutine purchases exceeding a total of $5,000 in a fiscal year.
Mont. Code Ann. § 53-4-260 — MT Code / Title 53 / Chapter 4 / Part 2 / Section 53-4-260
53-4-260 Child support payment pass-through and income disregard
Status: in_force

53-4-260 . Child support payment pass-through and income disregard. (1) For those families receiving monthly grants of temporary assistance for needy families, an amount equal to the amount of current child support collected on behalf of the family for the current month, not including arrearages, up to $100 for each family, must be disregarded in determining the income and eligibility calculations for the grant, and that amount must be passed through to the family.

(2) The department shall use temporary assistance for needy families block grant funds received as federal special revenue for the purposes of subsection (1).
Mont. Code Ann. § 53-21-1403 — MT Code / Title 53 / Chapter 21 / Part 14 / Section 53-21-1403
53-21-1403 Crisis stabilization services -- requirements
Status: in_force

53-21-1403 . Crisis stabilization services -- requirements. (1) In order to qualify for reimbursement under this part, crisis stabilization services must be delivered in a safe environment to an individual in crisis as required under this section.

(2) Crisis stabilization services must:

(a) be delivered by an individual or facility that is enrolled with the department to provide services under this part;

(b) be provided in accordance with a plan for crisis stabilization that meets requirements established by the department by rule;

(c) include a plan for appropriate followup care; and

(d) be medically necessary mental health services that:

(i) are delivered in direct response to a crisis in an effort to stabilize the individual in crisis;

(ii) provide diagnostic clarity;

(iii) are designed to treat symptoms that can be improved during the presumptive eligibility period; and

(iv) provide an appropriate alternative to psychiatric hospitalization.

(3) Crisis stabilization services include but are not limited to:

(a) two psychiatric diagnostic interview examinations during the crisis stabilization period;

(b) coordination of care as defined by the department by rule;

(c) individual psychotherapy;

(d) family psychotherapy conducted with or without the patient;

(e) one-to-one community-based psychiatric rehabilitation and support; and

(f) crisis management services as defined by the department by rule.
Mont. Code Ann. § 53-21-196 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-196
53-21-196 Detention of conditionally released patient pending hearing
Status: in_force

53-21-196 . Detention of conditionally released patient pending hearing. The court may not order detention of the conditionally released patient pending the hearing, except as permitted under 53-21-124 .
Mont. Code Ann. § 53-4-232 — MT Code / Title 53 / Chapter 4 / Part 2 / Section 53-4-232
53-4-232 Application for assistance
Status: in_force

53-4-232 . Application for assistance. Application for assistance under this part must be made to the department. The application must be made by the relative with whom the child is living or will live. One application may be made for several children of the same family if they reside with the same person. All individuals wishing to make application for this assistance must be given the opportunity to do so.
Mont. Code Ann. § 53-21-193 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-193
53-21-193 Commitment and transportation to mental health facilities -- preference -- voluntary treatment
Status: in_force

53-21-193 . Commitment and transportation to mental health facilities -- preference -- voluntary treatment. (1) If a respondent is committed to the state hospital under 53-21-127 , or if a person in an emergency situation requires detention under 53-21-129 , and a bed is available at a community facility, a category D assisted living facility, a community program, an appropriate course of inpatient treatment, or a behavioral health inpatient facility, the professional person shall inform the county attorney, who shall inform the person who is responsible for transporting the individual as to the appropriate facility to which the individual is to be transported for admission. The state hospital is the placement of last resort.

(2) If a respondent is committed to, or an individual requires emergency detention in, a community facility, a category D assisted living facility, a community program, an appropriate course of inpatient treatment, or a behavioral health inpatient facility, the facility, program, or inpatient treatment provider must be notified and the facility, program, or inpatient treatment provider shall state that a bed is available and agree to accept transfer of the patient based on admission criteria before a respondent may be transferred to the facility, program, or course of inpatient treatment under this section.

(3) A respondent who is committed to, or an individual who is transferred to, a community facility, a category D assisted living facility, a community program, an appropriate course of inpatient treatment, or a behavioral health inpatient facility may only be transferred to the state hospital for the remaining period of commitment in accordance with criteria established by the department by administrative rule.

(4) A court order for commitment, transport, or transfer must include the commitment, transport, or transfer authority, and all conditions or requirements imposed on the Montana state hospital contained in the court order apply only after the transport of a respondent that complies with the requirements of this provision.

(5) The court may not order commitment, transport, or transfer of the respondent to a community facility, a category D assisted living facility, a community program, an appropriate course of inpatient treatment, or a behavioral health inpatient facility under this part if a bed is not available or if the licensed capacity would be exceeded.

(6) If a bed is available, a community facility, a category D assisted living facility, a community program, an appropriate course of inpatient treatment, or a behavioral health inpatient facility may admit a person for voluntary treatment.

(7) The department shall establish a fee schedule and administrative rules to address the payment of costs associated with the commitment of a person to a behavioral health inpatient facility as provided by this section.
Mont. Code Ann. § 53-6-1303 — MT Code / Title 53 / Chapter 6 / Part 13 / Section 53-6-1303
53-6-1303 Definitions
Status: in_force

53-6-1303 . Definitions. As used in this part, the following definitions apply:

(1) "Community engagement" means participation in the activities specified in 53-6-1308 as a means to improve a program participant's well-being and opportunities for self-sufficiency.

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

(3) "HELP Act" or "act" means the Montana Health and Economic Livelihood Partnership Act provided for in Title 39, chapter 12, and this part.

(4) "Member" means an individual enrolled in the Montana medicaid program pursuant to 53-6-131 or receiving medicaid-funded services pursuant to 53-6-1304 .

(5) "Program participant" or "participant" means an individual enrolled in the Montana Health and Economic Livelihood Partnership Act program established in Title 39, chapter 12, and this part.
Mont. Code Ann. § 53-20-121 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-121
53-20-121 Petition for involuntary treatment -- contents of
Status: in_force

53-20-121 . Petition for involuntary treatment -- contents of. (1) A person who believes that there is a person who is seriously developmentally disabled and in need of commitment to a residential facility or imposition of a community treatment plan may request the county attorney to file a petition alleging that the person is seriously developmentally disabled and in need of commitment to a residential facility or imposition of a community treatment plan.

(2) The petition must contain:

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

(b) the name and address of the respondent;

(c) the name and address of the parents or guardian of the respondent and of any other person believed to be legally responsible for the care, support, and maintenance of the respondent;

(d) the name and address of the respondent's next of kin, to the extent known;

(e) the name and address of any person who the county attorney believes might be willing and able to be appointed as a responsible person;

(f) a description of the relief requested, whether commitment to a residential facility or imposition of a community treatment plan; and

(g) a statement of the rights of the respondent and the respondent's parents or guardian that must be in conspicuous print and identified by a suitable heading.

(3) If the petition requests imposition of a community treatment plan, a copy of the proposed community treatment plan must be attached to the petition.

(4) The county attorney shall immediately mail a copy of the petition to the residential facility screening team, the respondent's parents or guardian, if any, and the respondent's counsel. The county attorney shall ensure that the petition is promptly hand-delivered to the respondent.
Mont. Code Ann. § 53-20-146 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-146
53-20-146 Right not to be subjected to certain treatment procedures
Status: in_force

53-20-146 . Right not to be subjected to certain treatment procedures. (1) Residents of a residential facility have a right not to be subjected to unusual or hazardous treatment procedures 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 legal counsel. Proposed procedures must first have been reviewed and approved by the mental disabilities board of visitors before consent is sought.

(2) Physical restraint may be employed only when absolutely necessary to protect the resident from injury or to prevent injury to others. Mechanical supports used to achieve proper body position and balance that are ordered by a physician are not considered a physical restraint. Restraint may not be employed as punishment, for the convenience of staff, or as a substitute for a habilitation program. Restraint may be applied only if alternative techniques have failed and only if the restraint imposes the least possible restriction consistent with its purpose. Use of restraints may be authorized by a physician, a developmental disabilities professional, or a qualified intellectual disability professional. Orders for restraints must be in writing and may not be in force for longer than 12 hours. Whenever physical restraint is ordered, suitable provision must be made for the comfort and physical needs of the resident restrained.

(3) Seclusion, defined as the placement of a resident alone in a locked room for nontherapeutic purposes, may not be employed. Legitimate "time out" procedures may be used under close and direct professional supervision as a technique in behavior-shaping programs.

(4) Behavior modification programs involving the use of noxious or aversive stimuli must be reviewed and approved by the mental disabilities board of visitors and may be conducted only with the express and informed consent of the affected 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. These behavior modification programs may be conducted only under the supervision of and in the presence of a qualified intellectual disability professional who has had proper training.

(5) A resident may not be subjected to a behavior modification program that attempts to extinguish socially appropriate behavior or to develop new behavior patterns when the behavior modifications serve only institutional convenience.

(6) Electric shock devices are considered a research technique for the purpose of this part. Electric shock devices may be used only in extraordinary circumstances to prevent self-mutilation leading to repeated and possibly permanent physical damage to the resident and only after alternative techniques have failed. The use of electric shock devices is subject to the conditions prescribed by this part for experimental research generally and may be used only under the direct and specific order of a physician and an individual designated by the department of public health and human services to order the treatment for an individual placed in a residential facility.
Mont. Code Ann. § 53-21-703 — MT Code / Title 53 / Chapter 21 / Part 7 / Section 53-21-703
53-21-703 Rulemaking authority
Status: in_force

53-21-703 . Rulemaking authority. (1) The department shall adopt appropriate rules necessary for the administration of a program to provide mental health managed care services. The rules must establish eligibility criteria and may include but are not limited to financial standards and criteria for income and resources, treatment of resources, nonfinancial criteria, residency, application, termination, definition of terms, and confidentiality of applicant and recipient information.

(2) The department shall adopt rules establishing the amount, scope, and duration of services. The rules may also include but are not limited to ensuring that services are medically necessary and that the services are the most efficient and cost-effective available.

(3) The department may adopt rules establishing rates of reimbursement of services provided under this part, selection and qualification of providers, and standards for managed care.

(4) Rules adopted by the department must take into account, when appropriate, the availability of appropriated funds, the actual costs of services, the quality of services, the professional knowledge and skills necessary for the delivery of services, and the availability of services.
Mont. Code Ann. § 53-22-102 — MT Code / Title 53 / Chapter 22 / Part 1 / Section 53-22-102
53-22-102 Compact administrator
Status: in_force

53-22-102 . Compact administrator. The director of the department of public health and human services is the compact administrator and may make any rules necessary for the administration of the compact. The director shall cooperate with all departments, agencies, and officers of the state and any political subdivision thereof to facilitate the proper administration of the Interstate Compact on Mental Health or of any supplementary agreement or agreements entered into thereunder by this state.
Mont. Code Ann. § 53-6-163 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-163
53-6-163 Terminated
Status: in_force

53-6-163 . Terminated. Sec. 8, Ch. 614, L. 1991.
Mont. Code Ann. § 53-30-301 — MT Code / Title 53 / Chapter 30 / Part 3 / Section 53-30-301
53-30-301 Short title
Status: in_force

53-30-301 . Short title. This part may be cited as the "Montana Community Corrections Act".
Mont. Code Ann. § 53-30-717 — MT Code / Title 53 / Chapter 30 / Part 7 / Section 53-30-717
53-30-717 Programs, services, and access to legal and reading materials
Status: in_force

53-30-717 . Programs, services, and access to legal and reading materials. (1) An inmate in a restrictive housing unit shall have:

(a) the opportunity to write and receive letters on the same basis as inmates in the general population;

(b) opportunities for visitation unless there are substantial reasons for withholding visitation privileges. If visitation privileges are withheld, the administrator shall approve the restriction.

(c) access to personal legal materials and available legal reference materials; and

(d) access to reading materials from the facility library.

(2) An inmate in administrative segregation or protective custody or an inmate housed in disciplinary detention must have access to programs and services that include but are not limited to the following:

(a) educational services;

(b) commissary services;

(c) library services;

(d) social services;

(e) counseling services;

(f) religious guidance; and

(g) recreational programs.

(3) The programs and services described in subsections (1) and (2) are not required to be identical to those provided in the facility's general population. However, there may not be major differences for any reasons other than danger to life, health, or safety.

(4) An inmate with a disability may not be denied a reasonable accommodation simply because the inmate is in restrictive housing or a similar condition, unless safety or security concerns render the accommodation unreasonable.
Mont. Code Ann. § 53-24-204 — MT Code / Title 53 / Chapter 24 / Part 2 / Section 53-24-204
53-24-204 Powers and duties of department
Status: in_force

53-24-204 . Powers and duties of department. (1) To carry out this chapter, the department may:

(a) accept gifts, grants, and donations of money and property from public and private sources;

(b) enter into contracts; and

(c) acquire and dispose of property.

(2) The department shall:

(a) approve treatment facilities as provided for in 53-24-208 ;

(b) prepare a comprehensive long-term state chemical dependency plan every 4 years and update this plan each biennium;

(c) provide for and conduct statewide service system evaluations;

(d) distribute state and federal funds to the counties for approved treatment programs in accordance with the provisions of 53-24-108 and 53-24-206 ;

(e) plan in conjunction with approved programs and provide for training of program personnel delivering services to persons with a chemical dependency;

(f) establish the voucher program provided for in 53-24-218 , including adopting rules to carry out the provisions of 53-24-218 ;

(g) establish criteria to be used for the development of new programs;

(h) provide planning for the optimal use of funds by increasing efficiency of services, ensuring existing needs are met, and encouraging rural counties to form multicounty districts or contract with urban programs for services;

(i) cooperate with the board of pardons and parole in establishing and conducting programs to provide treatment for intoxicated persons and persons with a chemical dependency in or on parole from penal institutions;

(j) establish standards for chemical dependency educational courses provided by state-approved treatment programs and approve or disapprove the courses;

(k) hold all state-approved facilities, programs, and providers to uniform standards as established by the department by rule; and

(l) assist all interested public agencies and private organizations in developing education and prevention programs for chemical dependency. (Subsection (2)(f) terminates June 30, 2027--sec. 7, Ch. 187, L. 2023.)
Mont. Code Ann. § 53-19-305 — MT Code / Title 53 / Chapter 19 / Part 3 / Section 53-19-305
53-19-305 Power and duties
Status: in_force

53-19-305 . Power and duties. The committee shall oversee administration of the program provided for in 53-19-306 . In fulfilling this duty, the committee shall:

(1) establish policies and procedures governing administration of the program;

(2) analyze and approve a budget for administration of services under the program;

(3) monitor the expenditure of funds for the program;

(4) provide for administration of eligibility and the delivery of services for the program as provided for in 53-19-306 through 53-19-309 ; and

(5) perform any other duties necessary to properly oversee administration of the program.
Mont. Code Ann. § 53-21-127 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-127
53-21-127 Posttrial disposition
Status: in_force

53-21-127 . Posttrial disposition. (1) A respondent must be discharged and the petition dismissed if, upon trial, it is determined that the respondent:

(a) is not suffering from a mental disorder;

(b) does not require commitment within the meaning of this part; or

(c) is suffering from a mental disorder but the respondent's primary diagnosis is Alzheimer's disease, other forms of dementia, or traumatic brain injury and the respondent meets only the commitment criteria outlined in 53-21-126 (1)(a) or (1)(d)(i)(B).

(2) If it is determined that the respondent is suffering from a mental disorder and requires commitment within the meaning of this part, the court shall hold a posttrial disposition hearing. The disposition hearing must be held within 5 days (including Saturdays, Sundays, and holidays unless the fifth day falls on a Saturday, Sunday, or holiday), during which time the court may order further evaluation and treatment of the respondent.

(3) (a) At the conclusion of the disposition hearing and pursuant to the provisions in subsection (7), the court shall:

(i) subject to the provisions of 53-21-193 , commit the respondent to the state hospital or to a behavioral health inpatient facility for a period of not more than 3 months;

(ii) commit the respondent to a community facility, which may include a category D assisted living facility, or a community program or to any appropriate course of treatment, which may include housing or residential requirements or conditions as provided in 53-21-149 , for a period of:

(A) not more than 3 months; or

(B) not more than 6 months in order to provide the respondent with a less restrictive commitment in the community rather than a more restrictive placement in the state hospital if a respondent is committed to a category D assisted living facility as provided in 53-21-199 or if a respondent has been previously involuntarily committed for inpatient treatment in a mental health facility and the court determines that the admission of evidence of the previous involuntary commitment is relevant to the criterion of predictability, as provided in 53-21-126 (1)(d), and outweighs the prejudicial effect of its admission, as provided in 53-21-190 ; or

(iii) commit the respondent to the Montana mental health nursing care center for a period of not more than 3 months if the following conditions are met:

(A) the respondent meets the admission criteria of the center as described in 53-21-411 and established in administrative rules of the department; and

(B) the superintendent of the center has issued a written authorization specifying a date and time for admission.

(b) The court may not commit the respondent to a private mental health facility or hospital without the express consent of the facility or hospital.

(4) Except as provided in subsection (3)(a)(ii), a treatment ordered pursuant to this section may not affect the respondent's custody or course of treatment for a period of more than 3 months.

(5) In determining which of the alternatives in subsection (3) to order, the court shall choose the least restrictive alternatives necessary to protect the respondent and the public and to permit effective treatment.

(6) The court may authorize the chief medical officer of a facility or a physician designated by the court to administer appropriate medication involuntarily if the court finds that involuntary medication is necessary to protect the respondent or the public or to facilitate effective treatment. Medication may not be involuntarily administered to a patient unless the chief medical officer of the facility or a physician designated by the court approves it prior to the beginning of the involuntary administration and unless, if possible, a medication review committee reviews it prior to the beginning of the involuntary administration or, if prior review is not possible, within 5 working days after the beginning of the involuntary administration. The medication review committee must include at least one person who is not an employee of the facility or program. The patient and the patient's attorney or advocate, if the patient has one, must receive adequate written notice of the date, time, and place of the review and must be allowed to appear and give testimony and evidence. The involuntary administration of medication must be again reviewed by the committee 14 days and 90 days after the beginning of the involuntary administration if medication is still being involuntarily administered. The mental disabilities board of visitors and the director of the department of public health and human services must be fully informed of the matter within 5 working days after the beginning of the involuntary administration. The director shall report to the governor on an annual basis.

(7) Except as provided in 53-21-126 (7), satisfaction of any one of the criteria listed in 53-21-126 (1) justifies commitment pursuant to this chapter. However, if the court relies solely on any of the criteria provided in 53-21-126 (1)(d), the court may require commitment only to a community facility, which may include a category D assisted living facility, or a program or an appropriate course of treatment, as provided in subsection (3)(a)(ii), and may not require commitment at the state hospital, a behavioral health inpatient facility, or the Montana mental health nursing care center.

(8) In ordering commitment pursuant to this section, the court shall attest that the court has not relied solely on the criteria provided in 53-21-126 (1)(d) and shall make the following findings of fact:

(a) a detailed statement of the facts upon which the court found the respondent to be suffering from a mental disorder and requiring commitment;

(b) the alternatives for treatment that were considered;

(c) the alternatives available for treatment of the respondent;

(d) the reason that any treatment alternatives were determined to be unsuitable for the respondent;

(e) the name of the facility, program, or individual to be responsible for the management and supervision of the respondent's treatment;

(f) if the order includes a requirement for inpatient treatment, the reason inpatient treatment was chosen from among other alternatives;

(g) if the order commits the respondent to the Montana mental health nursing care center, a finding that the respondent meets the admission criteria of the center and that the superintendent of the center has issued a written authorization specifying a date and time for admission;

(h) if the order provides for an evaluation to determine eligibility for entering a category D assisted living facility, a finding that indicates whether:

(i) the respondent meets the admission criteria;

(ii) there is availability in a category D assisted living facility; and

(iii) a category D assisted living facility is the least restrictive environment because the respondent is unlikely to benefit from involuntary commitment to facilities with more intensive treatment; and

(i) if the order includes involuntary medication, the reason involuntary medication was chosen from among other alternatives.

(9) Any mental health evaluation report of a professional person who evaluated the respondent or patient in connection with the commitment must be filed under seal at the time of the filing of the court's order but must be made available to the mental health facility to which the respondent or patient is committed.
Mont. Code Ann. § 53-1-501 — MT Code / Title 53 / Chapter 1 / Part 5 / Section 53-1-501
53-1-501 Rates for residential community correctional program board, room, and services charged by the department of corrections
Status: in_force

53-1-501 . Rates for residential community correctional program board, room, and services charged by the department of corrections. (1) The department of corrections shall establish per diem rates for room, board, and services for persons placed in or committed to a community correctional program operated by the department of corrections. The department of corrections may adopt rules allowing it to order part of a person's employment income to be used to pay restitution, fines, and child or spousal support.

(2) The department of corrections shall prescribe rules and procedures for the establishment of rates and charges to residents or participants in any community correctional program that is under contract with the department of corrections and that provides room, board, or services or any combination of room, board, and services to residents of those facilities or to participants in programs. The amount assessed by these programs must be subject to the resident's ability to pay, based on the rates established as the basis for assessed charges, and subject to approval by the department of corrections.
Mont. Code Ann. § 53-7-108 — MT Code / Title 53 / Chapter 7 / Part 1 / Section 53-7-108
53-7-108 Provision of services -- financial responsibility for services
Status: in_force

53-7-108 . Provision of services -- financial responsibility for services. (1) The department, in accord with this part and the federal Rehabilitation Act of 1973 (29 U.S.C. 701, et seq.), as may be amended, may provide to persons determined eligible under 53-7-105 any vocational rehabilitation services listed in 53-7-101 that are determined by the department to be appropriate and necessary for the person's vocational rehabilitation.

(2) The following vocational rehabilitation services are available without cost to an eligible person:

(a) counseling and guidance;

(b) diagnostic evaluation; and

(c) placement.

(3) In addition to the services listed in subsection (2), the department may pay the cost of other vocational rehabilitation services for an eligible person to the extent that the department determines that the person is without sufficient financial resources to pay the cost of such services.

(4) The department may in its discretion provide maintenance payments to a recipient of vocational rehabilitation services if the department determines that the recipient is without sufficient financial resources to:

(a) obtain basic necessities at a level the department determines is appropriate; and

(b) pay the cost of vocational rehabilitation services to be provided to the person.
Mont. Code Ann. § 53-2-104 — MT Code / Title 53 / Chapter 2 / Part 1 / Section 53-2-104
53-2-104 Audit of public assistance records
Status: in_force

53-2-104 . Audit of public assistance records. All applications, information, and records concerning any applicant or recipient of assistance or services under this title are subject to audit for legislative oversight or determination of public assistance fraud.
Mont. Code Ann. § 53-4-222 — MT Code / Title 53 / Chapter 4 / Part 2 / Section 53-4-222
53-4-222 County administration subject to rules prescribed by department
Status: in_force

53-4-222 . County administration subject to rules prescribed by department. The local office of public assistance shall administer the provisions of this part in the respective counties subject to the rules prescribed by the department of public health and human services pursuant to the provisions of this part.
Mont. Code Ann. § 53-6-181 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-181
53-6-181 Delay in recovery -- sale subject to lien
Status: in_force

53-6-181 . Delay in recovery -- sale subject to lien. (1) If the department is precluded by 53-6-178 (2) or (3) from recovery upon a lien imposed under 53-6-171 through 53-6-188 , the department shall maintain the lien in place and upon elimination of the condition that precluded recovery, the department may recover under this section. The department may not file an application for issuance of a writ of execution to recover under this subsection more than 3 years after elimination of the last condition that precluded recovery.

(2) If upon sale, transfer, or exchange of property subject to a lien imposed pursuant to 53-6-171 through 53-6-188 the department is precluded by 53-6-178 (2) or (3) from recovering upon the lien, the lien remains in effect, subject to renewal as provided in 53-6-174 , and the sale, transfer, or exchange is also subject to the lien.
Mont. Code Ann. § 53-6-198 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-198
53-6-198 Enhanced rate to increase access to in-state mental health services for high-risk children with multiagency service needs -- reporting requirement -- rulemaking
Status: in_force

53-6-198 . (Effective on occurrence of contingency -- temporary) Enhanced rate to increase access to in-state mental health services for high-risk children with multiagency service needs -- reporting requirement -- rulemaking. (1) In an effort to avoid the placement of high-risk children with multiservice agency needs in out-of-state residential treatment facilities, the department shall pay an enhanced medicaid reimbursement rate when an in-state provider of psychiatric residential treatment facility services provides treatment to a child who meets criteria established by the department. The criteria must be related to:

(a) the age of the child; or

(b) the acuity of the child's treatment needs.

(2) (a) For the fiscal year beginning July 1, 2023, the reimbursement rate for psychiatric residential treatment facility services provided to a child meeting the age or acuity criteria established pursuant to this section is the higher of:

(i) 133% of the rate in effect on July 1, 2022, for an in-state provider of the service; or

(ii) the rate adopted by the department for an in-state provider of the service for fiscal year 2024.

(b) The rate provided for in subsection (2)(a) must be increased in each subsequent fiscal year by the provider rate increase approved by the legislature for children's mental health services for that fiscal year.

(3) The department shall annually determine, in consultation with providers of psychiatric residential treatment facility services, the criteria a child must meet for treatment to qualify for the enhanced reimbursement rate. The department shall notify providers of the determination no later than:

(a) May 15 for fiscal year 2024; and

(b) March 30 for subsequent fiscal years.

(4) The department shall adopt rules regarding the manner in which it will make the enhanced payments, including the frequency with which the payments will be made.

(5) (a) A provider that receives an enhanced reimbursement rate under this section shall:

(i) provide to the department a summary of the diagnoses, behaviors, and ages for the medicaid-eligible children receiving services from the provider in fiscal year 2023; and

(ii) report annually to the department on the diagnoses, behaviors, and ages of the medicaid-eligible children receiving services from the provider during the fiscal year in which the provider receives an enhanced reimbursement rate.

(b) The department shall report the information required under subsection (5)(a) to the legislature in accordance with 5-11-210 .

(6) For the purposes of this section, the term "high-risk child with multiagency service needs" has the meaning provided in 52-2-302 . (Terminates June 30, 2027--sec. 4, Ch. 586, L. 2023.)
Mont. Code Ann. § 53-24-209 — MT Code / Title 53 / Chapter 24 / Part 2 / Section 53-24-209
53-24-209 Rules for acceptance for treatment
Status: in_force

53-24-209 . Rules for acceptance for treatment. The department shall adopt rules for acceptance of persons into the treatment program, considering available treatment resources and facilities, for the purpose of early and effective treatment of chemically dependent persons, intoxicated persons, and family members. In adopting the rules, the department must be guided by the following standards:

(1) If possible, a patient must be treated on a voluntary rather than an involuntary basis.

(2) A patient must be initially assigned or transferred to outpatient treatment unless found to require inpatient treatment.

(3) An individualized treatment plan must be prepared and maintained on a current basis for each person.

(4) Provision must be made for a continuum of coordinated treatment services so that a person who leaves a facility or a form of treatment will have available and use other appropriate treatment.
Mont. Code Ann. § 53-6-132 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-132
53-6-132 Application for assistance -- exception
Status: in_force

53-6-132 . Application for assistance -- exception. (1) Subject to subsection (2), application for assistance under this part may be made in any local office of public assistance. The application must be presented in the manner and on the form prescribed by the department. All individuals wishing to apply must have the opportunity to do so.

(2) Notwithstanding the provisions of subsection (1), the department may designate an entity other than the local office of public assistance to determine eligibility for medicaid managed care services.
Mont. Code Ann. § 53-19-317 — MT Code / Title 53 / Chapter 19 / Part 3 / Section 53-19-317
53-19-317 Credit or refund for overpayment -- interest on overpayment
Status: in_force

53-19-317 . Credit or refund for overpayment -- interest on overpayment. (1) If the department determines that the amount of fees, penalty, or interest paid for any year is more than the amount due, the amount of the overpayments must be credited against any fees, penalty, or interest then due from the service provider and the balance refunded to the service provider or the service provider's successor through reorganization, merger, or consolidation or to the service provider's shareholders upon dissolution.

(2) Except as provided in subsection (3), interest is allowed on overpayments at the same rate as is charged on deficiency assessments as provided in 15-1-216 from the due date of the return or from the date of overpayment, whichever date is later, to the date the department approved refunding or crediting of the overpayment.

(3) (a) Interest does not accrue during any period in which the processing of a claim for a refund is delayed more than 30 days by reason of failure of the service provider to furnish information requested by the department for the purpose of verifying the amount of the overpayment.

(b) Interest is not allowed if:

(i) the overpayment is refunded within 6 months from the date the return is due or from the date the return is filed, whichever is later; or

(ii) the amount of interest is less than $1.

(c) Only a payment made incident to a bona fide and orderly discharge of actual liability is considered an overpayment with respect to which interest is allowed.
Mont. Code Ann. § 53-20-504 — MT Code / Title 53 / Chapter 20 / Part 5 / Section 53-20-504
53-20-504 Powers and duties of department of public health and human services
Status: in_force

53-20-504 . Powers and duties of department of public health and human services. The department of public health and human services:

(1) may operate or contract with a nonprofit corporation that demonstrates expertise in and the capability of providing programs for the patient population to be served by the facility and for the operation and management of nursing homes;

(2) shall ensure that any state-owned nursing homes are in compliance with federal and state regulations;

(3) shall adopt rules for staffing requirements and the admission of patients;

(4) may accept grants, gifts, bequests, and contributions in money or property or any other form from individuals, corporations, associations, or federal, state, and local government agencies for the purposes of establishing and operating nursing homes.
Mont. Code Ann. § 53-6-175 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-175
53-6-175 Recovery of medical assistance secured by lien -- application for issuance of writ of execution
Status: in_force

53-6-175 . Recovery of medical assistance secured by lien -- application for issuance of writ of execution. (1) After the recipient's death or upon the sale, transfer, or exchange of any right, title, or interest of the recipient in the property, the department may file with the clerk of the district court in the county in which the real property is located an application for issuance of a writ of execution for levy on the real property described in the lien. The levy may be for the amount of recoverable medical assistance paid on behalf of the recipient prior to, on, and after the date of the lien, including amounts paid up to the date of sale of the property, plus interest and costs as provided by law. Costs do not include attorney fees.

(2) The application for the writ must be sworn and must contain the following:

(a) the name of the recipient, a legal description of the real property, and a description of the recipient's interest in the property;

(b) a statement that the department has imposed a lien upon the property under 53-6-171 ;

(c) a statement that the lien complies with the requirements of 53-6-171 through 53-6-188 ;

(d) the date upon which the lien was filed and the office in which it was filed;

(e) a description of the sale, transfer, exchange, or other event that entitles the department to recover;

(f) a statement that the lien has not dissolved under 53-6-174 (5);

(g) the amount of recoverable medical assistance; the amount of any unreimbursed taxes, insurance costs, maintenance costs, or other costs paid under 53-6-186 ; and, if applicable, a statement that additional amounts may be paid up to the time that the property is sold in satisfaction of the lien;

(h) a statement that the total amount due has not been paid as of the date of the application for the writ;

(i) a statement that recovery is not prohibited by this section;

(j) the names and addresses of all persons who have a recorded interest in the property, including a recipient or recipient's estate, co-owner, purchaser, grantee, encumbrancer, mortgagee, and lienholder; and

(k) a request that a writ of execution be issued for sale of the described property if an action is not filed within the time provided for in 53-6-177 .

(3) The filing of an application under this section for a writ of execution is not the filing of a legal action, and the requirements applicable to legal actions do not apply to the application or application proceedings.
Mont. Code Ann. § 53-4-1103 — MT Code / Title 53 / Chapter 4 / Part 11 / Section 53-4-1103
53-4-1103 Definitions
Status: in_force

53-4-1103 . Definitions. For purposes of part 10 and this part, the following definitions apply:

(1) "Comprehensive" means health insurance having benefits at least as extensive as those provided under the children's health insurance program.

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

(3) "Enrollee" means a child who is enrolled or in the process of being enrolled in the plan, including children already enrolled in the programs described in 53-4-1104 (2).

(4) (a) "Enrollment partner" means an organization or individual approved by the department to assist in enrolling eligible children in the plan.

(b) An enrollment partner may be but is not limited to:

(i) a licensed health care provider;

(ii) a school;

(iii) a community-based organization; or

(iv) a government agency.

(5) "Habilitative services" means services to help a child maintain, learn, or improve skills and functioning for daily living or to prevent deterioration of skills and that may be offered in a variety of settings. The services include but are not limited to:

(a) physical therapy;

(b) occupational therapy;

(c) speech-language pathology; and

(d) behavioral health treatment, including applied behavior analysis provided by a board-certified behavior analyst.

(6) "Health coverage" means a program administered by the department or a disability insurance plan, referred to in 33-1-207 (1)(b), that provides public or private health insurance for children.

(7) "Income" has the meaning provided in 15-30-2337 (9)(a).

(8) "Plan" means the healthy Montana kids plan established in 53-4-1104 .

(9) "Premium" means the amount of money charged to provide coverage under a public or private health coverage plan.

(10) "Presumptive eligibility" has the meaning provided in 42 CFR 457.355.
Mont. Code Ann. § 53-1-102 — MT Code / Title 53 / Chapter 1 / Part 1 / Section 53-1-102
53-1-102 Removal of patients from state custodial institutions or correctional facilities without permission a misdemeanor
Status: in_force

53-1-102 . Removal of patients from state custodial institutions or correctional facilities without permission a misdemeanor. (1) A person, other than a parent or one having legal custody of a patient or inmate, who permits or assists a resident patient or inmate of a state custodial institution or correctional facility to leave the institution or facility without permission from the properly authorized member of the staff or proper court order is guilty of a misdemeanor and upon conviction is punishable by imprisonment in a county jail not exceeding 6 months or by a fine not exceeding $500, or both.

(2) This section may not be construed to conflict with laws relative to inmates of a state prison.
Mont. Code Ann. § 53-25-112 — MT Code / Title 53 / Chapter 25 / Part 1 / Section 53-25-112
53-25-112 Selection of financial institution as program manager -- contract -- termination
Status: in_force

53-25-112 . Selection of financial institution as program manager -- contract -- termination. (1) The department shall implement the operation of the program through the use of one or more financial institutions to act as program manager. Under the program, a person may submit applications for enrollment in the program and participating trust agreements to a program manager and establish accounts in the trust at the location of or through the program manager. Money may be deposited into an account in the trust by paying the money to a program manager, who shall accept the money on behalf of the trust. Accounts may be invested in one or more investment products approved by the department.

(2) The committee shall solicit proposals from financial institutions to act as program managers. Financial institutions that submit proposals shall describe the investment products that they propose to offer through the program.

(3) The committee shall recommend as program manager or program managers the financial institution or institutions from among bidding financial institutions that demonstrate the most advantageous combination, both to potential program participants and to this state, of:

(a) financial stability and integrity;

(b) the safety of the investment products being offered, taking into account any insurance provided with respect to these products;

(c) the ability of the financial institution, directly or through a subcontract, to satisfy recordkeeping and reporting requirements;

(d) the financial institution's plan for promoting the program and the investment that it is willing to make to promote the program. The cost of promotional efforts may not be funded with fees imposed on designated beneficiaries or agents.

(e) the fees, if any, proposed to be charged to persons for maintaining accounts;

(f) the minimum initial deposit and minimum contributions that the financial institution will require and the willingness of the financial institution or its subcontractors to accept contributions through payroll deduction plans and other deposit plans; and

(g) any other benefits to this state or its residents contained in the proposal, including an account opening fee payable to the department by the designated beneficiary to cover operating expenses of the program and any additional fee offered by the financial institution for statewide program marketing by the department.

(4) The department shall consider the committee's recommendations and the factors provided in subsection (3) when selecting program managers.

(5) The department shall enter into a contract with a financial institution to serve as program manager or, pursuant to subsection (6), into contracts with more than one financial institution to serve as program managers. Each contract must provide the terms and conditions by which the financial institution, acting on behalf of the trust, may assist in selling interests in the trust and the manner in which funds of an account that are designated for investment with or through the financial institution will be invested.

(6) The department may select more than one financial institution to serve as program manager. The department may select more than one kind of investment product to be offered through the program. Any decision on the use of multiple financial institutions or multiple investment products must take into account:

(a) the requirements for qualifying as a qualified program under section 529A of the Internal Revenue Code, 26 U.S.C. 529A;

(b) the differing needs of contributors regarding risk and potential return of investment instruments; and

(c) the administrative costs and burdens that may be imposed as the result of the decision.

(7) A program manager or its subcontractor shall:

(a) take action required to keep the program in compliance with its contract or the requirements of this chapter to manage the program so that it is treated as a qualified program under section 529A of the Internal Revenue Code, 26 U.S.C. 529A;

(b) keep adequate records of each account, keep each account segregated from each other account, and provide the department with the information necessary to prepare statements;

(c) if there is more than one program manager, provide the department with the information necessary to help the department determine compliance with rules adopted by the department and to comply with any state or federal tax reporting requirements;

(d) provide representatives of the department, including other contractors or other state agencies, access to the books and records of the program manager to the extent needed to determine compliance with the contract. At least once during the term of any contract, the department, its contractor, or the state agency responsible for examination oversight of the program manager shall conduct an examination to the extent needed to determine compliance with the contract.

(e) hold account funds invested by or through the financial institution in the name of and for the benefit of the trust and the designated beneficiary; and

(f) assist the trustee with respect to any federal or tax filing requirements relating to the program and with respect to any other obligations of the trustee.

(8) A person may not circulate a description of the program, whether in writing or through the use of any media, unless the department or its designee first approves the description.

(9) A contract executed between the department and a financial institution pursuant to this section must be for a term of at least 3 years and not more than 7 years.

(10) If the department determines not to renew the appointment of a financial institution as program manager, the department may take action consistent with the interest of the program and the accounts and in accordance with its duties as trustee of the trust. Except as provided in subsection (11), if a contract executed between the department and a financial institution pursuant to this section is not renewed, at the end of the term of the nonrenewed contract:

(a) accounts previously established through the efforts of the financial institution may not be terminated by the trustee or department and additional contributions may be made to those accounts;

(b) the funds in new accounts established after the termination may not be invested by or through the financial institution unless a new contract is executed;

(c) account funds invested by or through the financial institution must continue to be invested in the financial products in which they were invested prior to the nonrenewal unless the designated beneficiary or agent selects a different investment product; and

(d) the continuing role of the financial institution must be governed by rules or policies established by the department or a special contract and all services provided by the financial institution to accounts continue to be subject to the control of the department as trustee of the trust with responsibility for all accounts in the program.

(11) (a) The department may terminate a contract with a financial institution or prohibit the continued investment of funds by or through a financial institution under subsection (10) at any time for good cause on the recommendation of the committee. If a contract is terminated or an investment is prohibited pursuant to this subsection (11), the trustee shall take custody of account funds or assets held at that financial institution and shall seek to promptly reinvest the funds or assets by or through another financial institution that is selected as a program manager by the department and into the same investment products or into investment products selected by the department that are as similar as possible to the original investments.

(b) Prior to taking the actions described in subsection (11)(a), the department shall give designated beneficiaries and agents notice of the termination and a reasonable period of time, not to exceed 30 days, to voluntarily terminate the account invested by or through the financial institution or to direct that the account be invested with or through another program manager.

(c) If the termination of a program manager causes an emergency that might lead to a loss of funds to any designated beneficiary, the department or trustee may take whatever emergency action is necessary or appropriate to prevent the loss of funds invested pursuant to this chapter. After taking emergency action, the department shall provide notice and opportunity for action to designated beneficiaries as provided in subsection (11)(b).
Mont. Code Ann. § 53-7-105 — MT Code / Title 53 / Chapter 7 / Part 1 / Section 53-7-105
53-7-105 Eligibility
Status: in_force

53-7-105 . Eligibility. A person with a disability is eligible for vocational rehabilitation services if the department, after full investigation, determines that the person may become employable or achieve accepted vocational objectives through the provision of vocational rehabilitation services that are made available as provided for in 53-7-108 .
Mont. Code Ann. § 53-24-101 — MT Code / Title 53 / Chapter 24 / Part 1 / Section 53-24-101
53-24-101 Legislative purpose
Status: in_force

53-24-101 . Legislative purpose. It is the purpose of this chapter and the policy of this state to recognize chemical dependency as a problem affecting the health, safety, morals, economy, and general welfare of this state; to recognize chemical dependency as a problem subject to treatment; and to recognize the sufferer of chemical dependency as worthy of treatment and rehabilitation. It is the intent of this chapter to establish means whereby the appropriate resources of this state may be focused fully and effectively upon the problem of chemical dependency and utilized in implementing programs for the control and treatment of this problem.
Mont. Code Ann. § 53-19-318 — MT Code / Title 53 / Chapter 19 / Part 3 / Section 53-19-318
53-19-318 Statute of limitations
Status: in_force

53-19-318 . Statute of limitations. (1) Except as provided in subsection (3), a deficiency may not be assessed or collected with respect to the year for which a return is filed unless the notice of the additional fee proposed to be assessed is mailed within 5 years from the date the return was filed. For purposes of this section, a return filed before the last day prescribed for filing is considered as filed on the last day. If the service provider, before the expiration of the period prescribed for assessment of the fee, consents in writing to an assessment after that time, the fee may be assessed at any time prior to the expiration of the period agreed upon.

(2) A refund or credit may not be allowed or paid with respect to the year for which a return is filed after 5 years from the last day prescribed for filing the return or after 1 year from the date of the overpayment, whichever period expires later, unless before the expiration of the period the service provider files a claim or the department determines the existence of the overpayment and approves the refund or credit. If the service provider has agreed in writing under the provisions of subsection (1) to extend the time within which the department may propose an additional assessment, the period within which a claim for refund or credit may be filed or a credit or refund is allowed if no claim is filed is automatically extended.

(3) If a return is required to be filed and the service provider fails to file the return, the fee may be assessed or an action to collect the fee may be brought at any time. If a return is required to be filed and the service provider files a fraudulent return, the 5-year period provided for in subsection (1) does not begin until discovery of the fraud by the department.
Mont. Code Ann. § 53-2-1206 — MT Code / Title 53 / Chapter 2 / Part 12 / Section 53-2-1206
53-2-1206 Performance indicators
Status: in_force

53-2-1206 . Performance indicators. The 4-year combined state plan must contain performance indicators to measure the effectiveness and operation of the programs identified in Title I-B of the Act, 29 U.S.C. 3101, et seq. The combined state plan must contain the expectation of continuous improvement, as negotiated with the secretary of the U.S. department of labor, and conform to the requirements of section 103 of the Act, 29 U.S.C. 3113.
Mont. Code Ann. § 53-4-241 — MT Code / Title 53 / Chapter 4 / Part 2 / Section 53-4-241
53-4-241 Amount of assistance determined by department rules
Status: in_force

53-4-241 . Amount of assistance determined by department rules. The amount of cash assistance or nonfinancial assistance granted in any case must be determined according to the rules and standards of assistance established by the department.
Mont. Code Ann. § 53-20-127 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-127
53-20-127 Transfer to another facility -- release to community-based alternative -- hearing
Status: in_force

53-20-127 . Transfer to another facility -- release to community-based alternative -- hearing. (1) If, at any time during the period for which a resident is committed to a residential facility for an extended period of habilitation and treatment, the qualified intellectual disability professional responsible for the resident's habilitation decides that the resident no longer requires placement in a residential facility and that there exist sufficient community-based alternatives to provide adequate treatment and habilitation for the resident and adequate protection of the life and physical safety of the resident and others, the qualified intellectual disability professional may release the resident to the community-based alternative.

(2) Notice of the proposed release must be sent at least 15 days prior to the date of release to:

(a) the resident;

(b) the resident's parents or guardian;

(c) the attorney who most recently represented the resident, if any;

(d) the responsible person appointed by the court, if any;

(e) the resident's advocate, if any; and

(f) the court that ordered the commitment.

(3) If a party that was notified objects to the release, the party may petition the court for a hearing to determine whether the release should be allowed. The hearing must comply with the procedures set forth in 53-20-125 . The court may on its own initiative inquire concerning the propriety of the release.

(4) A resident may be transferred without the notice provided in subsection (2) to a hospital or other medical facility for necessary medical treatment or to a mental health facility for emergency treatment provided that the emergency transfer complies with the statutory requirements for emergency detention of the mentally ill. Within 24 hours of an emergency medical or psychiatric transfer, notice must be given to the parents or guardian of the resident, the responsible person appointed by the court, if any, and the court.

(5) If a person is committed to a residential facility for an extended course of habilitation without a hearing and if subsequent to commitment one of the parties who could have requested a hearing learns that an alternative course of treatment is available that is more suitable to the needs of the resident, the party may request the qualified intellectual disability professional responsible for the resident's habilitation to release the resident to the alternative if it is a community-based alternative. A release must comply with the requirements of subsections (1) through (4). If the qualified intellectual disability professional in charge of the resident refuses to authorize the release, the party may petition the court for a hearing to determine whether the resident's commitment should be continued. The hearing must comply with the procedures set forth in 53-20-125 .
Mont. Code Ann. § 53-21-134 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-134
53-21-134 Receipt of nonresident person suffering from a mental disorder pending return to home state
Status: in_force

53-21-134 . Receipt of nonresident person suffering from a mental disorder pending return to home state. A person who is suffering from a mental disorder and in need of commitment and who is not a resident of this state may be committed to the state hospital pursuant to this part. The state hospital shall make every effort to return the nonresident to the state of the person's residence as provided in chapter 22, part 1, of this title.
Mont. Code Ann. § 53-1-404 — MT Code / Title 53 / Chapter 1 / Part 4 / Section 53-1-404
53-1-404 Department to review and establish per diem charge
Status: in_force

53-1-404 . Department to review and establish per diem charge. The per diem charge for the fiscal year must be reviewed on or before October 1 of each year by the department and may be reviewed at additional times during the year as considered appropriate by the department. If the review indicates that the costs of an institution have changed substantially since the last review, the per diem charge must be adjusted to compensate for those changes.
Mont. Code Ann. § 53-6-162 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-162
53-6-162 Terminated
Status: in_force

53-6-162 . Terminated. Sec. 8, Ch. 614, L. 1991.
Mont. Code Ann. § 53-30-155 — MT Code / Title 53 / Chapter 30 / Part 1 / Section 53-30-155
53-30-155 Montana correctional education program -- instructor qualifications
Status: in_force

53-30-155 . Montana correctional education program -- instructor qualifications. (1) There is a Montana correctional education program within the department of corrections. The Montana correctional education program shall offer a program for inmates to participate in opportunities in the state prison to further their education, including but not limited to programs to attain a high school equivalency diploma and to participate in adult basic education.

(2) To be eligible to be an instructor for a high school equivalency diploma program or an adult basic education program in the state prison, a person:

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

(b) must be of good moral character; and

(c) shall provide proof that the person has at least one of the following qualifications:

(i) completion of an associate degree in any field;

(ii) completion of a bachelor's degree in any field;

(iii) a teaching certificate issued by another state; or

(iv) prior teaching experience, including prior military training and experience pursuant to 37-1-145 .

(3) The department of corrections may not require that an instructor hold a Montana teacher or specialist certificate issued by the superintendent of public instruction.

(4) The department of corrections may adopt policies to determine which inmates are eligible to participate in the Montana correctional education program.
Mont. Code Ann. § 53-21-506 — MT Code / Title 53 / Chapter 21 / Part 5 / Section 53-21-506
53-21-506 No commitment to Montana state hospital
Status: in_force

53-21-506 . No commitment to Montana state hospital. An individual who is under 18 years of age may not be voluntarily admitted or committed by a court to the Montana state hospital unless an information has been filed in district court pursuant to 41-5-206 .
Mont. Code Ann. § 53-30-323 — MT Code / Title 53 / Chapter 30 / Part 3 / Section 53-30-323
53-30-323 Offender payments
Status: in_force

53-30-323 . Offender payments. (1) An offender placed in a community corrections facility or program under this part shall execute a written contract or agreement with the director of the facility or program, setting forth the terms and conditions for placement in the facility or program. The contract or agreement must provide that a portion of any money received from employment of the offender be set aside for reimbursement to the community corrections facility. Reimbursement to the community corrections facility or program for the cost of the room, board, and services is to be paid at a rate established under 53-1-501 .

(2) In a community corrections facility or program, the offender has the primary obligation to obtain employment, but the department of labor and industry shall provide assistance to the offender in obtaining suitable employment.
Mont. Code Ann. § 53-7-202 — MT Code / Title 53 / Chapter 7 / Part 2 / Section 53-7-202
53-7-202 Definitions
Status: in_force

53-7-202 . Definitions. (1) "Department" means the department of public health and human services.

(2) "Severe disability" means a severe physical or mental impairment that seriously limits a person's functional capacities in respect to obtaining employment.

(3) "Sheltered employment" means a recognized program of rehabilitation, remunerative employment, or other occupational rehabilitating activity of an educational or therapeutic nature provided by a nonprofit sheltered workshop provider. Sheltered employment includes job skills and social skills training and remunerative employment.

(4) "Supervised work program" means a program providing guidance in learning and achieving the requirements of job performance through work activity, sheltered employment, and supported employment.

(5) "Support services" means continuous or periodic job skills training provided to a person at a worksite to enable the person to perform work. Support services also include services away from the worksite that are necessary to allow a person with a severe disability to participate in a supervised work program, such as transportation, direction and assistance in functional skills, and counseling for family members.

(6) "Supported employment" means competitive work in an integrated work setting for a person with a severe disability who is in need of assistance in order to become employed or remain employed. Supported employment includes assessment, preplacement preparation, job development, job placement, job skills training, and support services.

(7) "Work activity" means therapeutic work-related activities provided by a nonprofit work activity center provider to persons whose physical or mental impairment is so severe as to make their productive capacity inconsequential. Therapeutic work-related activities include training in basic skills of living and any purposeful activity so long as work or production is not the main purpose.
Mont. Code Ann. § 53-24-106 — MT Code / Title 53 / Chapter 24 / Part 1 / Section 53-24-106
53-24-106 Criminal laws limitation
Status: in_force

53-24-106 . Criminal laws limitation. (1) A county, municipality, or other political subdivision may not adopt or enforce a local law, ordinance, resolution, or rule having the force of law that includes drinking, being a common drunkard, or being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty or sanction.

(2) This section does not affect any law, ordinance, resolution, or rule against drunken driving, driving under the influence of alcohol, or other similar offense involving the operation of a vehicle, an aircraft, a boat, machinery, or other equipment or regarding the sale, purchase, dispensing, possessing, or use of alcoholic beverages at stated times and places or by a particular class of persons.

(3) This section does not prevent the department from imposing a sanction on or denying eligibility to applicants for or recipients of public assistance who fail or refuse to comply with all eligibility criteria and program requirements.
Mont. Code Ann. § 53-21-162 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-162
53-21-162 Establishment of patient treatment plan -- patient's rights
Status: in_force

53-21-162 . Establishment of patient treatment plan -- patient's rights. (1) Each patient admitted as an inpatient to a mental health facility must have a comprehensive physical and mental examination and review of behavioral status within 48 hours after admission to the mental health facility, except as provided in 53-21-1206 .

(2) Each patient must have an individualized treatment plan. This plan must be developed by appropriate professional persons, including a psychiatrist, and must be implemented no later than 10 days after the patient's admission, except as provided in 53-21-1206 . Each individualized treatment plan must contain:

(a) a statement of the nature of the specific problems and specific needs of the patient;

(b) a statement of the least restrictive treatment conditions necessary to achieve the purposes of hospitalization;

(c) a description of treatment goals, with a projected timetable for their attainment;

(d) a statement and rationale for the plan of treatment for achieving these goals;

(e) a specification of staff responsibility for attaining each treatment goal;

(f) criteria for release to less restrictive treatment conditions; and

(g) a notation of any therapeutic tasks and labor to be performed by the patient.

(3) Overall development, implementation, and supervision of the treatment plan must be assigned to an appropriate professional person.

(4) The inpatient mental health facility shall periodically reevaluate the patient and revise the individualized treatment plan based on changes in the patient's condition. At a minimum, the treatment plan must be reviewed:

(a) at the time of any transfer within the facility;

(b) at the time of discharge;

(c) upon any major change in the patient's condition;

(d) at the conclusion of the initial estimated length of stay and subsequent estimated lengths of stay;

(e) no less than every 90 days; and

(f) at each of the times specified in subsections (4)(a) through (4)(e), by a treatment team that includes at least one professional person who is not primarily responsible for the patient's treatment plan.

(5) A patient has the right:

(a) to ongoing participation, in a manner appropriate to the patient's capabilities, in the planning of mental health services to be provided and in the revision of the plan;

(b) to a reasonable explanation of the following, in terms and language appropriate to the patient's condition and ability to understand:

(i) the patient's general mental condition and, if given a physical examination, the patient's physical condition;

(ii) the objectives of treatment;

(iii) the nature and significant possible adverse effects of recommended treatments;

(iv) the reasons why a particular treatment is considered appropriate;

(v) the reasons why access to certain visitors may not be appropriate; and

(vi) any appropriate and available alternative treatments, services, or providers of mental health services; and

(c) not to receive treatment established pursuant to the treatment plan in the absence of the patient's informed, voluntary, and written consent to the treatment, except treatment:

(i) during an emergency situation if the treatment is pursuant to or documented contemporaneously by the written order of a responsible mental health professional; or

(ii) permitted under the applicable law in the case of a person committed to a facility by a court.

(6) In the case of a patient who lacks the capacity to exercise the right to consent to treatment described in subsection (5)(c), the right must be exercised on behalf of the patient by a guardian appointed pursuant to the provisions of Title 72, chapter 5.

(7) The department shall develop procedures for initiating limited guardianship proceedings in the case of a patient who appears to lack the capacity to exercise the right to consent described in subsection (5)(c).
Mont. Code Ann. § 53-20-214 — MT Code / Title 53 / Chapter 20 / Part 2 / Section 53-20-214
53-20-214 Certain transfers of funds authorized
Status: in_force

53-20-214 . Certain transfers of funds authorized. Funds appropriated to the Montana state hospital or Montana developmental center may be used for comprehensive developmental disability systems if:

(1) residents of any of those institutions are transferred to a comprehensive developmental disability system resulting in less expenditures at that institution 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. § 53-21-102 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-102
53-21-102 Definitions
Status: in_force

53-21-102 . Definitions. As used in this chapter, the following definitions apply:

(1) "Abuse" means any willful, negligent, or reckless mental, physical, sexual, or verbal mistreatment or maltreatment or misappropriation of personal property of any person receiving treatment in a mental health facility that insults the psychosocial, physical, or sexual integrity of any person receiving treatment in a mental health facility.

(2) "Behavioral health inpatient facility" means a facility or a distinct part of a facility of 16 beds or less licensed by the department that is capable of providing secure, inpatient psychiatric services, including services to persons with mental illness and co-occurring chemical dependency.

(3) "Board" or "mental disabilities board of visitors" means the mental disabilities board of visitors created by 2-15-211 .

(4) "Commitment" means an order by a court requiring an individual to receive treatment for a mental disorder.

(5) "Community facility" means a facility that provides psychiatric or chemical dependency evaluation, treatment, and short-term habilitation of persons with a mental illness or disorder in a community setting and that provides any of the following:

(a) case management services;

(b) medication;

(c) stabilizing treatment;

(d) short-term inpatient treatment;

(e) chemical dependency treatment; or

(f) assertive community treatment.

(6) "Court" means any district court of the state of Montana.

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

(8) "Emergency situation" means:

(a) a situation in which any person appears:

(i) to be, due to a mental disorder and due to the person's conduct, in imminent danger of death or harm to the person's self or another; and

(ii) to require commitment;

(b) a situation in which any person who appears to be suffering from a mental disorder and appears to require commitment is substantially unable to provide for the person's own basic needs of food, clothing, shelter, health, or safety and:

(i) the situation presents a danger of death or bodily injury to the person's self or another; or

(ii) the situation reflects a consistent and pervasive history of being unable to provide for the person's own basic needs of food, clothing, shelter, health, or safety; or

(c) a situation in which a person's criminal charges have been dismissed and the person must be involuntarily committed due to having been found unfit to proceed and determined to be incapable of being restored to fitness within the reasonably foreseeable future.

(9) "Friend of respondent" means any person willing and able to assist a person suffering from a mental disorder and requiring commitment or a person alleged to be suffering from a mental disorder and requiring commitment in dealing with legal proceedings, including consultation with legal counsel and others.

(10) (a) "Mental disorder" or "mental illness" means any organic, mental, or emotional impairment that has substantial adverse effects on an individual's cognitive or volitional functions.

(b) The term does not include:

(i) addiction to drugs or alcohol;

(ii) drug or alcohol intoxication;

(iii) intellectual disability; or

(iv) epilepsy.

(c) A mental disorder may co-occur with addiction or chemical dependency.

(11) "Mental health facility" or "facility" means the state hospital, the Montana mental health nursing care center, or a hospital, a behavioral health inpatient facility, a community facility, a category D assisted living facility, a community program, an appropriate course of inpatient treatment, a mental health center, a residential treatment facility, or a residential treatment center licensed or certified by the department that provides treatment to children or adults with a mental disorder. A correctional institution or facility or jail is not a mental health facility within the meaning of this part.

(12) "Mental health professional" means:

(a) a certified professional person;

(b) a physician licensed under Title 37, chapter 3;

(c) a clinical professional counselor licensed under Title 37, chapter 39;

(d) a psychologist licensed under Title 37, chapter 17;

(e) a clinical social worker licensed under Title 37, chapter 39;

(f) an advanced practice registered nurse, as provided for in 37-8-202 , with a clinical specialty in psychiatric mental health nursing;

(g) a physician assistant licensed under Title 37, chapter 20, with a clinical specialty in psychiatric mental health; or

(h) a marriage and family therapist licensed under Title 37, chapter 39.

(13) (a) "Neglect" means failure to provide for the biological and psychosocial needs of any person receiving treatment in a mental health facility, failure to report abuse, or failure to exercise supervisory responsibilities to protect patients from abuse and neglect.

(b) The term includes but is not limited to:

(i) deprivation of food, shelter, appropriate clothing, nursing care, or other services;

(ii) failure to follow a prescribed plan of care and treatment; or

(iii) failure to respond to a person in an emergency situation by indifference, carelessness, or intention.

(14) "Next of kin" includes but is not limited to the spouse, parents, adult children, and adult brothers and sisters of a person.

(15) "Patient" means a person civilly committed by the court for treatment for any period of time or who is voluntarily admitted for treatment for any period of time.

(16) "Peace officer" means any sheriff, deputy sheriff, marshal, police officer, or other peace officer.

(17) "Professional person" means:

(a) a medical doctor;

(b) an advanced practice registered nurse, as provided for in 37-8-202 , with a clinical specialty in psychiatric mental health nursing;

(c) a licensed psychologist;

(d) a physician assistant licensed under Title 37, chapter 20, with a clinical specialty in psychiatric mental health; or

(e) a person who has been certified, as provided for in 53-21-106 , by the department.

(18) "Reasonable medical certainty" means reasonable certainty as judged by the standards of a professional person.

(19) "Respondent" means a person alleged in a petition filed pursuant to this part to be suffering from a mental disorder and requiring commitment.

(20) "Short term" means a period of not more than 6 months.

(21) "State hospital" means the Montana state hospital.
Mont. Code Ann. § 53-21-148 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-148
53-21-148 Right not to be subjected to hazardous treatment
Status: in_force

53-21-148 . Right not to be subjected to hazardous treatment. Patients have a right not to be subjected to treatment procedures such as lobotomy, adversive reinforcement conditioning, or other unusual or hazardous treatment procedures without their express and informed consent after consultation with counsel, the legal guardian, if any, the friend of respondent appointed by the court, and any other interested party of the patient's choice. At least one of those consulted shall consent to the treatment, along with the patient's counsel. If there is no friend of respondent or if the friend of respondent appointed by the court is no longer available, then a friend of respondent who is in no way connected with the facility or with the department must be appointed before any enumerated treatment procedure can be employed. At least 10 days prior to the commencement of the extraordinary treatment program, the facility shall send notice of intent to employ extraordinary treatment procedures to the patient, the patient's next of kin, if known, the legal guardian, if any, the attorney who most recently represented the patient, and the friend of respondent appointed by the court.
Mont. Code Ann. § 53-6-1408 — MT Code / Title 53 / Chapter 6 / Part 14 / Section 53-6-1408
53-6-1408 Applicability to auditor -- scope
Status: in_force

53-6-1408 . Applicability to auditor -- scope. (1) An auditor performing or participating in an overpayment audit, overpayment determination, or related activity is subject to the same laws and regulations that would apply to the department in carrying out the same functions.

(2) This part does not apply to the medicaid fraud control unit provided for in 53-6-156 but apply to an overpayment audit, overpayment determination, or related activity by the department or an auditor that is based on or arises out of a medicaid fraud control unit investigation or referral.
Mont. Code Ann. § 53-20-303 — MT Code / Title 53 / Chapter 20 / Part 3 / Section 53-20-303
53-20-303 Parties authorized to establish and operate community homes
Status: in_force

53-20-303 . Parties authorized to establish and operate community homes. (1) Nonprofit corporations or associations may be formed or organized in any community for the purposes of establishing a community home or homes for persons with developmental disabilities under this part and to receive services, facilities, and funds as the department of public health and human services and other governmental units may be authorized by law to provide.

(2) The department may also establish a community home or homes for persons with developmental disabilities under this part and receive services, facilities, and funds as the department and other governmental units may be authorized by law to provide.
Mont. Code Ann. § 53-20-305 — MT Code / Title 53 / Chapter 20 / Part 3 / Section 53-20-305
53-20-305 Community homes -- departmental licensing, administration, operation, health and safety standards
Status: in_force

53-20-305 . Community homes -- departmental licensing, administration, operation, health and safety standards. (1) A person may not operate a community home for persons with developmental disabilities, also referred to as a facility,unless the facility is licensed by the department.

(2) A community home for persons with developmental disabilities must be inspected and licensed annually by the department of public health and human services.

(3) A license may not be sold, assigned, or transferred. Upon discontinuance of the operation or upon transfer of ownership of a facility, the license must be returned to the department or destroyed by the owners.

(4) A facility shall display its license in a conspicuous place near its admitting office.

(5) If a facility is the subject of substantiated claims of abuse, neglect, or exploitation, or if a facility does not meet the minimum standards for operating a community home for people with developmental disabilities, the department may reduce the facility's license to, or issue the facility, a provisional license for less than 1 year if operation or continued operation of the facility will not result in undue hazards to its residents.

(6) The department may inspect a licensed community home for people with severe disabilities whenever it considers necessary. The entire premises of a licensed facility must be open to inspection, and access to all records must be granted at all reasonable times.

(7) The department of public health and human services for the purpose of licensing shall adopt standards and rules concerning the administration, operation, health, and safety of community homes for persons with developmental disabilities.
Mont. Code Ann. § 53-21-606 — MT Code / Title 53 / Chapter 21 / Part 6 / Section 53-21-606
53-21-606 Legislative access
Status: in_force

53-21-606 . Legislative access. (1) A legislator must have immediate, unlimited access at all times to the Montana state hospital.

(2) A legislator seeking access to the Montana state hospital is subject to routine security and safety procedures of the facility or program.

(3) While in the Montana state hospital, a legislator shall prioritize and respect the health, dignity, privacy, and welfare of Montana state hospital patients.
Mont. Code Ann. § 53-19-301 — MT Code / Title 53 / Chapter 19 / Part 3 / Section 53-19-301
53-19-301 Legislative findings and declaration
Status: in_force

53-19-301 . Legislative findings and declaration. (1) The legislature finds and declares that many Montana citizens have physical disabilities and are unable to use traditional telecommunications equipment and services without assistance. These citizens constitute a substantial and valuable resource within the United States and the state of Montana, and this segment of our population needs access to telecommunications services in order to function as contributing and productive members of our society.

(2) The legislature further finds and declares that the role of telecommunications in our world today is inestimable. Telecommunications is the primary vehicle of commerce and industry, the means to convey and receive information and knowledge, and the way that we connect with others on a personal as well as business level. Telecommunications gives people independence and self-sufficiency, and it provides goods and services, human contact, and fellowship.

(3) The legislature further finds that access to telecommunications services should be provided to persons who have disabilities not only for their own sake but for the benefit of society at large. Access to telecommunications services would enhance the business and personal lives of persons with disabilities, and its availability to persons with disabilities would be an investment of benefit to all of Montana.

(4) Consistent with the findings stated in subsections (1) through (3), the legislature finds it appropriate to provide persons with disabilities access to telecommunications services by creating a program to make specialized telecommunications equipment and services available to persons with disabilities.
Mont. Code Ann. § 53-6-125 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-125
53-6-125 Physician services reimbursement
Status: in_force

53-6-125 . Physician services reimbursement. (1) The fee for a covered service provided by a physician under the medicaid program is determined by multiplying the conversion factor times the relative value unit for that service times any applicable policy adjusters.

(2) (a) For fiscal years 2018 and 2019, the conversion factor must be increased, at a minimum, by the same numerical inflation factor calculated in accordance with 20-9-326 .

(b) For each subsequent fiscal year, the conversion factor must be increased, at a minimum, by the same percentage increase as the consumer price index for medical care for the previous year, as calculated by the bureau of labor statistics of the United States department of labor.
Mont. Code Ann. § 53-21-1205 — MT Code / Title 53 / Chapter 21 / Part 12 / Section 53-21-1205
53-21-1205 Short-term inpatient treatment -- process -- placement -- length -- conditions for proceeding with commitment hearing
Status: in_force

53-21-1205 . Short-term inpatient treatment -- process -- placement -- length -- conditions for proceeding with commitment hearing. (1) When a commitment hearing has been suspended pursuant to 53-21-123 (3)(b) so that the respondent may be diverted to short-term inpatient treatment, the professional person who conducted the examination shall, with the concurrence of the county attorney, recommend to the court an appropriate placement in a mental health facility with available short-term treatment beds.

(2) Short-term inpatient treatment may not exceed 14 days, except pending a commitment hearing scheduled pursuant to subsection (5).

(3) Subject to the provisions of this section, a respondent may be released before completing 14 days of treatment if the professional person responsible for the respondent's treatment plan determines that the respondent no longer requires inpatient treatment. However, the county attorney and the respondent's attorney must be notified at least 24 hours before a respondent is released.

(4) When a respondent is released, the professional person shall notify the court and the court shall dismiss the commitment petition.

(5) The court must be notified and shall proceed with a commitment hearing within 5 business days of receiving notice of any of the following circumstances:

(a) the professional person responsible for the respondent's treatment plan determines that the respondent should not be released after 14 days of treatment because, in the professional person's judgment, an emergency situation would exist if the respondent were released;

(b) the respondent refuses treatment;

(c) the respondent's attorney requests the respondent's release before the 14-day treatment period is completed; or

(d) the county attorney objects to the respondent's release within 24 hours of being notified of the respondent's pending release as required in subsection (3).
Mont. Code Ann. § 53-6-169 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-169
53-6-169 Payment of excess burial funds or assets to department
Status: in_force

53-6-169 . Payment of excess burial funds or assets to department. (1) After the death of a person who at any time received medicaid benefits, a mortician, funeral director, or other person, including but not limited to the decedent's spouse, heir, devisee, or personal representative, who holds funds or other property in excess of $5,000 in value that was specifically designated and set aside for paying for the disposition of the decedent's remains and for related expenses shall, after paying for the disposition and related expenses, pay all remaining funds to the department within 30 days following the burial, cremation, or other final disposition of the decedent's remains. The funds must be paid to the department regardless of any provision in a written contract, trust, or other agreement entered into on or after July 1, 1995, directing a different disposition of the funds. Funds paid to the department under this section are not considered to be property of the decedent's estate, and 53-6-167 does not apply to recovery of the funds by the department.

(2) The department shall apply any funds received under this section proportionately to the federal and state shares of recoverable medical assistance and shall pay any remaining amount to a person entitled by law to the funds.
Mont. Code Ann. § 53-1-409 — MT Code / Title 53 / Chapter 1 / Part 4 / Section 53-1-409
53-1-409 Limitations on liability of resident or financially responsible person for cost of care
Status: in_force

53-1-409 . Limitations on liability of resident or financially responsible person for cost of care. (1) The resident or financially responsible person is liable only for the cost of care that the department has determined that the person is able to pay and for which the department has billed the resident or financially responsible person. If the amount payable is retroactively reduced because of a new determination of ability to pay, the resident or financially responsible person shall pay only the reduced amount for the period of time covered by the retroactive reduction.

(2) The natural or adoptive parents of a long-term resident may not be required to pay for the resident's cost of care in an amount exceeding the cost of caring for a normal child at home as determined and updated annually by the department based upon the annual cost of raising a child, as estimated by the United States department of agriculture.

(3) The natural or adoptive parents of a long-term resident may not be required to pay for the resident's cost of care for periods after the resident attains 18 years of age.

(4) This section may not be construed to reduce the liability of a third party for a resident's full cost of care as provided in this part.
Mont. Code Ann. § 53-30-720 — MT Code / Title 53 / Chapter 30 / Part 7 / Section 53-30-720
53-30-720 Requirements for youth facilities
Status: in_force

53-30-720 . Requirements for youth facilities. (1) Except as provided in subsection (2), a facility that houses youth inmates may not use restrictive housing.

(2) The administrator or the administrator's designee may order a youth to be placed in protective custody for temporary confinement not to exceed 24 hours when it is necessary to protect the youth or others. The action must be reviewed by the facility administrator within 4 hours regardless of weekends or holidays, or the next morning if the youth is placed in protective custody after 9 p.m.

(3) Procedures adopted pursuant to 53-30-703 (7) must provide special management for a youth inmate with serious behavior problems and for a youth who requires protective care.

(4) A youth facility shall develop individual program plans and provide appropriate services that may require youth inmates to be separated from the general population.

(5) A youth in protective custody must be allowed out of cell for more than 2 hours in a 24-hour period.

(6) A youth in protective custody must be observed by staff at least every 15 minutes.

(7) A youth in protective custody must be visited at least once each day by staff from administrative, clinical, social work, religious, or medical units.
Mont. Code Ann. § 53-6-705 — MT Code / Title 53 / Chapter 6 / Part 7 / Section 53-6-705
53-6-705 Requirements for managed health care entities
Status: in_force

53-6-705 . Requirements for managed health care entities. (1) A managed health care entity that contracts with the department for the provision of services under the program shall comply with the requirements of this section for purposes of the program.

(2) The entity shall provide for reimbursement for health care providers for emergency care, as defined by the department by rule, that must be provided to its enrollees, including emergency room screening services and urgent care that it authorizes for its enrollees, regardless of the provider's affiliation with the managed health care entity. Health care providers must be reimbursed for emergency care in an amount not less than the department's rates for those medical services rendered by health care providers who are not under contract with the entity to enrollees of the entity.

(3) The entity shall maintain a network of health care providers that is sufficient in number and type to ensure that the services approved by the department for delivery to medicaid recipients covered by the entity are available without unreasonable delay as required under the network adequacy and quality assurance provisions of Title 33, chapter 36, and any rules promulgated under that chapter.

(4) The entity shall provide that any health care provider affiliated with a managed health care entity may also provide services on a fee-for-service basis to department clients who are not enrolled in a managed health care entity.

(5) The entity shall provide client education services as determined and approved by the department, including but not limited to the following services:

(a) education regarding appropriate use of health care services in a managed care system;

(b) written disclosure of treatment policies and any restrictions or limitations on health services, including but not limited to physician services, clinical laboratory tests, hospital and surgical procedures, prescription drugs and biologicals, and radiological examinations; and

(c) written notice that the enrollee may receive from another provider those medicaid-covered services that are not provided by the managed health care entity but that are the financial responsibility of the entity.

(6) The entity shall provide that enrollees within its system will be informed of the full panel of health care providers. Contracts for the provision of services beyond 125 miles from the borders of Montana may not be entered into if services of comparable cost and quality are available within the state of Montana.

(7) The entity may not discriminate in its enrollment or disenrollment practices among recipients of medical services or program enrollees based on health status.

(8) For purposes of participation in the medicaid program, the entity shall comply with quality assurance and utilization review requirements established in Title 33, chapter 36, and by the department by rule.

(9) The entity shall require that each provider meets the standards for accessibility and quality of care established by law. The department shall prepare an annual report regarding the effectiveness of the standards on ensuring access and quality of care to enrollees.

(10) The entity shall maintain, retain, and make available to the department records, data, and information, in a uniform manner determined by the department, that are:

(a) sufficient for the department, the legislative auditor's office, and the state auditor's office to monitor utilization, accessibility, and quality of care; and

(b) consistent with accepted practices in the health care industry.

(11) Except for health care providers who are prepaid, the entity shall pay all approved claims for covered services that are correctly completed and submitted to the entity within 30 days after receipt of the claim or receipt of the appropriate capitation payment or payments by the entity from the state for the month in which the services included on the claim were rendered, whichever is later. If payment is not made or mailed to the provider by the entity by the due date under this subsection, an interest penalty of 1% of any amount unpaid must be added for each month or fraction of a month after the due date until final payment is made. This part does not prohibit managed health care entities and health care providers from mutually agreeing to terms that require more timely payment.

(12) The entity shall seek cooperation with community-based programs provided by local health departments, such as the women, infants, and children food supplement program, childhood immunization programs, health education programs, case management programs, and health screening programs.

(13) The entity shall seek cooperation with community-based organizations, as defined by rule of the department, that may continue to operate under a contract with the department or a managed health care entity under this part to provide case management services to medicaid clients.

(14) A managed health care entity that provides written notice pursuant to subsection (5)(c) to an enrollee of medicaid-covered services available from another provider is responsible for payment for those services by another provider.

(15) A managed health care entity may not begin operation before the approval of any necessary federal waivers and the completion of the review of an application submitted to the department. The department may charge the applicant an application review fee for the department's actual cost of review of the application. The fee must be adopted by rule by the department. Fees collected by the department must be deposited in an account in the special revenue fund to be used by the department to defray the cost of application review.
Mont. Code Ann. § 53-20-602 — MT Code / Title 53 / Chapter 20 / Part 6 / Section 53-20-602
53-20-602 Intensive behavior center limitations
Status: in_force

53-20-602 . Intensive behavior center limitations. (1) There is a state-operated 12-bed intensive behavior center for individuals with a developmental disability who are in need of intensive treatment because of continuous or repeated behaviors that pose an imminent risk of serious harm to self or others.

(2) The center shall provide a program of active treatment in a secure residential environment. The treatment must:

(a) address the behavioral issues of each resident; and

(b) foster for each resident the transition to and residency in less restrictive service settings.

(3) The center may serve only individuals for whom the department has asked a county attorney to file a petition alleging the individual is in need of the services and secure setting of the center and requesting that the individual be committed to the center for services. The initial period of commitment to the center may not exceed 90 days. If recommitment is sought pursuant to 53-20-128 , each subsequent recommitment period may not exceed 90 days.
Mont. Code Ann. § 53-6-160 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-160
53-6-160 Truthfulness, completeness, and accuracy of submissions to medicaid agencies
Status: in_force

53-6-160 . Truthfulness, completeness, and accuracy of submissions to medicaid agencies. (1) (a) A person who submits to a medicaid agency an application, claim, report, document, or other information that is or may be used to determine eligibility for medicaid benefits, eligibility to participate as a provider, or the right to or the amount of payment under the medicaid program is considered to represent to the department, to the best of the person's knowledge and belief, that the item is genuine and that its contents, including all statements, claims, and representations contained in the document, are true, complete, accurate, and not misleading.

(b) This section applies to the information provided by a program participant to claim an exemption from community engagement requirements under 53-6-1308 or to report community engagement activities under 53-6-1309 .

(2) (a) A provider has a duty to exercise reasonable care to ensure the truthfulness, completeness, and accuracy of all applications, claims, reports, documents, and other information and of all statements and representations made or submitted, or authorized by the provider to be made or submitted, to the department for purposes related to the medicaid program. The duty applies whether the applications, claims, reports, documents, other information, statements, or representations were made or submitted, or authorized by the provider to be made or submitted, on behalf of the provider or on behalf of an applicant or recipient being served by the provider.

(b) A provider has a duty to exercise reasonable care to ensure that a claim made or submitted to the department or its agents or employees for payment or reimbursement under the medicaid program is one for which the provider is entitled to receive payment and that the service or item is provided and billed according to all applicable medicaid requirements, including but not limited to identification of the appropriate procedure code or level of service and provision of the service by a person, facility, or other provider entitled to receive medicaid payment for the particular service.

(3) A person is considered to have known that a claim, statement, or representation related to the medicaid program was false if the person knew, or by virtue of the person's position, authority, or responsibility should have known, of the falsity of the claim, statement, or representation.

(4) A person is considered to have made or to have authorized to be made a claim, statement, or representation if the person:

(a) had the authority or responsibility to:

(i) make the claim, statement, or representation;

(ii) supervise another who made the claim, statement, or representation; or

(iii) authorize the making of the claim, statement, or representation, whether by operation of law, business or professional practice, or office policy or procedure; and

(b) exercised or failed to exercise that authority or responsibility and, as a direct or indirect result, the false statement was made, resulting in a claim for a service or item when the person knew or had reason to know that the person was not entitled under applicable statutes, regulations, rules, or policies to medicaid payment or benefits for the service or item or for the amount of payment requested or claimed.

(5) (a) There is an inference that a person who signs or submits a document to a medicaid agency on behalf of or in the name of a provider is authorized by the provider to do so and is acting under the provider's direction.

(b) For purposes of this section, the term "signs" includes but is not limited to the use of facsimile, computer-generated and typed, or block-letter signatures.

(6) The department shall directly or by contract provide a program of instruction and assistance to persons submitting applications, claims, reports, documents, and other information to the department concerning the completion and submission of the application, claim, report, document, or other information in a manner determined necessary by the department. The program must include:

(a) clear directions for the completion of applications, claims, reports, documents, and other information;

(b) examples of properly completed applications, claims, reports, documents, and other information;

(c) a method by which persons submitting applications, claims, reports, documents, and other information may, on a case-by-case basis, receive accurate, complete, specific, and timely advice and directions from the department before the completed applications, claims, reports, documents, and other information must be submitted to the department; and

(d) a method by which persons submitting applications, claims, reports, documents, and other information may challenge the department's interpretation or application of the manner in which the applications, claims, reports, documents, and other information must be completed.

(7) This section applies only for the purpose of civil liability under Title 53 and does not apply in a criminal proceeding.
Mont. Code Ann. § 53-1-711 — MT Code / Title 53 / Chapter 1 / Part 7 / Section 53-1-711
53-1-711 Scope of 2-1-1 service
Status: in_force

53-1-711 . Scope of 2-1-1 service. (1) The statewide 2-1-1 system shall ensure provision of services in all counties of the state.

(2) The statewide 2-1-1 system must be administered by the department. The department shall approve a strategic plan for service delivery and divide the state into no more than eight regions.

(3) The statewide 2-1-1 system shall ensure that all approved 2-1-1 service providers provide the following scope of service:

(a) provide information and referral services to each inquirer for the inquirer's designated geographic area through well-trained staff or volunteers who are knowledgeable about local resources;

(b) create and maintain a database of community resources and referrals for the service provider's designated geographic area;

(c) provide appropriate services to crisis callers, which include stabilization or safety assessment and connection to further resources such as crisis lines, domestic violence shelters, and rape victim advocates;

(d) provide information to the department regarding 2-1-1 service usage, including data on callers, service needs, and resource gaps;

(e) provide support to community and disaster and emergency services providers in the case of a disaster or emergency; and

(f) participate in any publicity plan for the statewide 2-1-1 system in Montana.
Mont. Code Ann. § 53-1-411 — MT Code / Title 53 / Chapter 1 / Part 4 / Section 53-1-411
53-1-411 Collections from residents and financially responsible persons
Status: in_force

53-1-411 . Collections from residents and financially responsible persons. (1) If a resident or financially responsible person refuses or fails to pay the amount required under this part, any amount remaining unpaid 30 days after the department mails a written demand for payment may be collected:

(a) by the department in any manner allowed by law for the collection of debts; or

(b) by the department of administration in the manner set forth in Title 17, chapter 4, for the collection of debts owing to the state or by a civil suit brought by the department of administration in the name of the state.

(2) A resident's death or discharge from an institution does not reduce or eliminate the obligation of any person to pay an amount required under this part.
Mont. Code Ann. § 53-1-106 — MT Code / Title 53 / Chapter 1 / Part 1 / Section 53-1-106
53-1-106 Exchange of offenders under treaty
Status: in_force

53-1-106 . Exchange of offenders under treaty. If a treaty in effect between the United States and a foreign country provides for the transfer, by exchange or otherwise, of convicted offenders to the country of which they are citizens or nationals, the governor may, on behalf of the state and subject to the terms of the treaty, authorize the director of the department of corrections to consent to the transfer or exchange of offenders in Montana institutions and take any other action necessary to initiate the participation of this state in the treaty.
Mont. Code Ann. § 53-6-131 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-131
53-6-131 Eligibility requirements
Status: in_force

53-6-131 . Eligibility requirements. (1) Medical assistance under the Montana medicaid program may be granted to a U.S. citizen or a qualified alien as defined in 8 U.S.C. 1641 who is determined by the department of public health and human services to be a Montana resident and, in its discretion, to be eligible as follows:

(a) The person receives or is considered to be receiving supplemental security income benefits under Title XVI of the Social Security Act, 42 U.S.C. 1381, et seq., and does not have income or resources in excess of the applicable medical assistance limits.

(b) The person would be eligible for assistance under the program described in subsection (1)(a) if that person were to apply for that assistance.

(c) The person is in a medical facility that is a medicaid provider and, but for residence in the facility, the person would be receiving assistance under the program in subsection (1)(a).

(d) The person is:

(i) under 21 years of age and in foster care under the supervision of the state or was in foster care under the supervision of the state and has been adopted as a child with special needs; or

(ii) under 18 years of age and is in a guardianship subsidized by the department pursuant to 41-3-444 .

(e) The person meets the nonfinancial criteria of the categories in subsections (1)(a) through (1)(d) and:

(i) the person's income does not exceed the income level specified for federally aided categories of assistance and the person's resources are within the resource standards of the federal supplemental security income program; or

(ii) the person, while having income greater than the medically needy income level specified for federally aided categories of assistance:

(A) has an adjusted income level, after incurring medical expenses, that does not exceed the medically needy income level specified for federally aided categories of assistance or, alternatively, has paid in cash to the department the amount by which the person's income exceeds the medically needy income level specified for federally aided categories of assistance; and

(B) (I) in the case of a person who meets the nonfinancial criteria for medical assistance because the person is aged, blind, or disabled, has resources that do not exceed the resource standards of the federal supplemental security income program; or

(II) in the case of a person who meets the nonfinancial criteria for medical assistance because the person is pregnant, is an infant or child, or is the caretaker of an infant or child, has resources that do not exceed the resource standards adopted by the department.

(f) The person is a qualified pregnant woman or a child as defined in 42 U.S.C. 1396d(n).

(g) The person is under 19 years of age and lives with a family having a combined income that does not exceed 185% of the federal poverty level. The department may establish lower income levels to the extent necessary to maximize federal matching funds provided for in 53-4-1104 .

(2) The department shall require an applicant to provide proof of the applicant's residency in this state.

(3) (a) The department may establish income and resource limitations. Limitations of income and resources must be within the amounts permitted by federal law for the medicaid program. Any otherwise applicable eligibility resource test prescribed by the department does not apply to enrollees in the healthy Montana kids plan provided for in 53-4-1104 .

(b) The department may not count as a resource an individual retirement account that was established by a person participating in the medicaid program for workers with disabilities provided for in 53-6-195 if:

(i) the person is no longer eligible for coverage under 53-6-195 ; and

(ii) the individual retirement account was established during the time the person was receiving benefits through the medicaid program for workers with disabilities.

(4) (a) The department may not require a person who is eligible for medicaid under subsection (1)(e)(ii)(A) to:

(i) make only a cash payment to qualify for medicaid under that subsection; or

(ii) only incur medical expenses as a means of qualifying for medicaid under that subsection.

(b) If a person eligible for medicaid under subsection (1)(e)(ii)(A) is participating in a home and community-based services waiver, the department shall count as an eligible medical expense any medical service or item that a nonwaiver medicaid applicant is allowed to count as a medical expense to qualify for medicaid under subsection (1)(e)(ii)(A).

(c) Nothing in this subsection (4) may be construed as preventing a person from making only a cash payment to qualify for medicaid pursuant to subsection (1)(e)(ii)(A).

(5) The Montana medicaid program shall pay, as required by federal law, the premiums necessary for medicaid-eligible persons participating in the medicare program and may, within the discretion of the department, pay all or a portion of the medicare premiums, deductibles, and coinsurance for a qualified medicare-eligible person or for a qualified disabled and working individual, as defined in section 6408(d)(2) of the federal Omnibus Budget Reconciliation Act of 1989, Public Law 101-239, who:

(a) has income that does not exceed income standards as may be required by the Social Security Act; and

(b) has resources that do not exceed standards that the department determines reasonable for purposes of the program.

(6) The department may pay a medicaid-eligible person's expenses for premiums, coinsurance, and similar costs for health insurance or other available health coverage, as provided in 42 U.S.C. 1396b(a)(1).

(7) In accordance with waivers of federal law that are granted by the secretary of the U.S. department of health and human services, the department of public health and human services may grant eligibility for basic medicaid benefits as described in 53-6-101 to an individual receiving section 1931 medicaid benefits, as defined in 53-4-602 , as the specified caretaker relative of a dependent child under the section 1931 medicaid program. A recipient who is pregnant, meets the criteria for disability provided in Title II of the Social Security Act, 42 U.S.C. 416, et seq., or is less than 21 years of age is entitled to full medicaid coverage, as provided in 53-6-101 .

(8) The department, under the Montana medicaid program, may provide, if a waiver is not available from the federal government, medicaid and other assistance mandated by Title XIX of the Social Security Act, 42 U.S.C. 1396, et seq., as may be amended, and not specifically listed in this part to categories of persons that may be designated by the act for receipt of assistance.

(9) Notwithstanding any other provision of this chapter, medical assistance must be provided to infants and pregnant women whose family income does not exceed income standards adopted by the department that comply with the requirements of 42 U.S.C. 1396a(l)(2)(A)(i) and whose family resources do not exceed standards that the department determines reasonable for purposes of the program.

(10) Subject to appropriations, the department may cooperate with and make grants to a nonprofit corporation that uses donated funds to provide basic preventive and primary health care medical benefits to children whose families are ineligible for the Montana medicaid program and who are ineligible for any other health care coverage, are under 19 years of age, and are enrolled in school if of school age.

(11) A person described in subsection (9) must be provided continuous eligibility for medical assistance, as authorized in 42 U.S.C. 1396a(e)(5) through (e)(7).

(12) Full medical assistance under the Montana medicaid program may be granted to an individual during the period in which the individual requires treatment of breast or cervical cancer, or both, or of a precancerous condition of the breast or cervix, if the individual:

(a) has been screened for breast and cervical cancer under the Montana breast and cervical health program funded by the centers for disease control and prevention program established under Title XV of the Public Health Service Act, 42 U.S.C. 300k, or in accordance with federal requirements;

(b) needs treatment for breast or cervical cancer, or both, or a precancerous condition of the breast or cervix;

(c) is not otherwise covered under creditable coverage, as provided by federal law or regulation;

(d) is not eligible for medical assistance under any mandatory categorically needy eligibility group; and

(e) has not attained 65 years of age.

(13) Subject to the limitation in 53-6-195 , the department shall provide medicaid coverage to workers with disabilities as provided in 53-6-195 and in accordance with 42 U.S.C. 1396a(a)(10)(A)(ii)(XIII) and (r)(2) and 42 U.S.C. 1396o.

(14) Nothing in subsection (1) may be construed as allowing the department to deny enrollment for a reason that is impermissible under federal law or regulation.
Mont. Code Ann. § 53-7-101 — MT Code / Title 53 / Chapter 7 / Part 1 / Section 53-7-101
53-7-101 Definitions
Status: in_force

53-7-101 . Definitions. Unless the context requires otherwise, 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) "Independent living" means control over one's life based upon a choice between acceptable options in a manner that minimizes reliance upon others for making decisions and conducting activities of daily living.

(3) "Maintenance" means money payments made in accordance with 53-7-108 .

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

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

(6) "Physical restoration" means any medical, surgical, or therapeutic treatment necessary to correct or substantially reduce the impediment to employment of a person within a reasonable length of time, including but not limited to medical, psychiatric, dental, and surgical treatment, nursing services, hospital care, convalescent care, drugs, medical and surgical supplies, and prosthetic appliances, but excluding curative treatment for acute or transitory medical conditions unless necessary to maintain a person's health in order to complete a rehabilitation plan.

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

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

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

(10) "Rehabilitation training" means training provided to a person with a disability to overcome the person's impediment to employment. The term includes but is not limited to manual, preconditioning, prevocational, vocational, and supplementary training and training provided for the purpose of achieving broader or more remunerative skills and capacities.

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

(12) "Vocational rehabilitation services" means the following services: medical diagnosis, vocational guidance, vocational counseling, vocational placement, rehabilitation training, rehabilitation engineering, physical restoration, transportation, occupational licenses, customary occupational tools and equipment, maintenance, training books and materials, group facilities, family services, followup services, and any other goods and services provided for by rule and that the department determines to be necessary to rehabilitate the person.
Mont. Code Ann. § 53-6-907 — MT Code / Title 53 / Chapter 6 / Part 9 / Section 53-6-907
53-6-907 Terminated
Status: in_force

53-6-907 . Terminated. Sec. 1, Ch. 28, L. 1999.
Mont. Code Ann. § 53-2-1218 — MT Code / Title 53 / Chapter 2 / Part 12 / Section 53-2-1218
53-2-1218 Incumbent worker training program grant award criteria
Status: in_force

53-2-1218 . Incumbent worker training program grant award criteria. (1) Subject to appropriation by the legislature, the department shall award grants as provided in this section. The distribution of funding must be reviewed annually by the department, and funds that are not being used or for which there are no qualified applications, as determined by the department, must be distributed as provided pursuant to subsection (2).

(2) (a) The department shall award grants evenly to three categories of employers as follows:

(i) one-third to employers with 20 workers or fewer;

(ii) one-third to employers with 21 to 50 workers; and

(iii) one-third to employers with more than 50 workers.

(b) Every calendar quarter, if one category of employer does not have enough qualified applications, then the department shall distribute the remaining unused funds to the other two eligible categories of employers. Any remaining unused funds after this distribution must remain with the department for future distributions in accordance with this section.

(3) The following criteria must be used in determining whether to award an incumbent worker training program grant:

(a) prospects for enhancing the incumbent worker's productivity, efficiency, or wages;

(b) prospects for reducing incumbent worker turnover;

(c) ability to provide matching funds;

(d) a demonstrated need by the employer for upgrading skills of incumbent workers through training as a way to improve the employer's ability to remain competitive in the industry or in the economy;

(e) a direct relationship between the training and an added benefit to the incumbent worker's occupation or craft; and

(f) a demonstration that the training is not normally provided or required by the employer and, as far as may be determined, by the employer's competitors.

(4) An incumbent worker training program grant award may not exceed $2,500 annually for each incumbent worker who is being trained.

(5) Subject to funding, the department may:

(a) limit the number of applicants that receive grant awards; or

(b) award less than the amount provided in subsection (4).

(6) The recipient of a grant shall provide the department with:

(a) a properly executed agreement, signed by the employer's authorized representative, that outlines terms of the grant;

(b) documentation upon completion of training that the training was purchased and to whom the training was provided, including copies of certificates or statements of completion; and

(c) all receipts or copies of receipts associated with the training and the application.
Mont. Code Ann. § 53-20-112 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-112
53-20-112 Procedural rights -- appointment of counsel
Status: in_force

53-20-112 . Procedural rights -- appointment of counsel. (1) A respondent has all the rights accorded to a person subject to involuntary commitment proceedings under the laws of this state relating to involuntary commitment of a person who suffers from a mental disorder and who requires commitment, as provided in 53-21-115 through 53-21-118 .

(2) In addition, the parents or guardian of a respondent has the right to:

(a) be present at any hearing held pursuant to this part;

(b) be represented by counsel in any hearing;

(c) offer evidence and cross-examine witnesses in any hearing; and

(d) have the respondent examined by a professional of the parents' or guardian's choice when a professional is reasonably available unless the person chosen is objected to by the respondent or by a responsible person appointed by the court.

(3) Upon receipt of a petition for commitment, recommitment, or emergency commitment, the court shall order the office of the state public defender, provided for in 2-15-1029 , to assign counsel for the respondent. If the parents are indigent and the parents request it or if the guardian is indigent and the guardian requests it, the court shall order the office of state public defender to assign counsel for the parents or guardian pending a determination of indigence pursuant to 47-1-111 .
Mont. Code Ann. § 53-21-1012 — MT Code / Title 53 / Chapter 21 / Part 10 / Section 53-21-1012
53-21-1012 Availability of services
Status: in_force

53-21-1012 . Availability of services. (1) The services funded by the department are available without discrimination on the basis of race, color, creed, religion, or ability to pay and must comply with Title VI of the Civil Rights Act of 1964.

(2) Services available to individuals unable to pay may be limited by the department based upon availability of funding.
Mont. Code Ann. § 53-2-503 — MT Code / Title 53 / Chapter 2 / Part 5 / Section 53-2-503
53-2-503 Information made available to department of justice
Status: in_force

53-2-503 . Information made available to department of justice. (1) The department of public health and human services and its local units shall make available to the department of justice information contained in the public assistance files pertinent to the investigations and judicial actions described in 53-2-501 .

(2) Every other state, county, or other governmental agency shall make available to the agents or attorneys of the department of justice all records, files, memoranda, forms, or other papers relating to public assistance matters, including income tax returns filed with the department of revenue.
Mont. Code Ann. § 53-20-220 — MT Code / Title 53 / Chapter 20 / Part 2 / Section 53-20-220
53-20-220 Terminated
Status: in_force

53-20-220 . Terminated. Sec. 4, Ch. 304, L. 2005.