Mont. Code Ann. § 53-24-107 — MT Code / Title 53 / Chapter 24 / Part 1 / Section 53-24-107
53-24-107 Public intoxication not criminal offense
Status: in_force

53-24-107 . Public intoxication not criminal offense. (1) A person who appears to be intoxicated in public does not commit a criminal offense solely by reason of being in an intoxicated condition but may be detained by a peace officer for the person's own protection. A peace officer who detains a person who appears to be intoxicated in public shall proceed in the manner provided in 53-24-303 and subsection (3) of this section.

(2) If none of the alternatives in 53-24-303 are reasonably available, a peace officer may detain a person who appears to be intoxicated until the person is no longer creating a risk to self or others.

(3) A peace officer, in detaining the person, shall make every reasonable effort to protect the person's health and safety. The peace officer may take reasonable steps for the officer's own protection. An entry or other record may not be made to indicate that the person detained under this section has been arrested or charged with a crime.

(4) A peace officer, acting within the scope of the officer's authority under this chapter, is not personally liable for the officer's actions.
Mont. Code Ann. § 53-1-705 — MT Code / Title 53 / Chapter 1 / Part 7 / Section 53-1-705
53-1-705 New public information services -- state agencies
Status: in_force

53-1-705 . New public information services -- state agencies. Before a state agency that provides disaster, emergency, safety, health, or human services starts a new public information telephone line or hotline, the state agency shall consult with the department about using the statewide 2-1-1 system to provide public access to the information. If it is determined that the statewide 2-1-1 system can provide the public information at a lower cost than the establishment of a new telephone line or hotline and that the service fits within the scope of 2-1-1 service, the state agency shall provide funding to the statewide 2-1-1 system to provide the public information service. The funds must be deposited in the state special revenue account established in 53-1-712 . The funding amount must be determined based on the funds available, the nature of the information, and the expected call volume.
Mont. Code Ann. § 53-20-301 — MT Code / Title 53 / Chapter 20 / Part 3 / Section 53-20-301
53-20-301 Purpose
Status: in_force

53-20-301 . Purpose. The legislature, in recognition of the wide and varied needs of persons with developmental disabilities and of the desirability of meeting these needs on a community level to the fullest extent possible and in order to reduce the need for care in existing state institutions, establishes by this part a community home program for persons with developmental disabilities to provide facilities and services for the training and treatment of persons with developmental disabilities in family-oriented residences and establishes a program to provide such homes through local nonprofit corporations.
Mont. Code Ann. § 53-1-612 — MT Code / Title 53 / Chapter 1 / Part 6 / Section 53-1-612
53-1-612 Use of funding obtained by refinancing
Status: in_force

53-1-612 . Use of funding obtained by refinancing. (1) It is the intent of the legislature that general fund savings generated through the refinancing work described in 53-1-610 be applied in the following priority:

(a) the savings must be applied to fund the refinancing activities;

(b) the department of public health and human services may retain funds to maintain existing services; and

(c) the department of public health and human services may use funds to reinstate services that have been cut during the 2003 biennium.

(2) Additional funds generated through refinancing savings, beyond those used pursuant to subsection (1), revert to the general fund. Prior to reinstating services pursuant to subsection (1)(c), the department shall receive approval from the office of budget and program planning of its service reinstatement plan.

(3) The provisions of 17-2-108 that require the expenditure of nongeneral fund money prior to the expenditure of general fund money do not apply to the expenditure of revenue made available to the department because of the refinancing efforts required by 53-1-610 .
Mont. Code Ann. § 53-1-105 — MT Code / Title 53 / Chapter 1 / Part 1 / Section 53-1-105
53-1-105 Disposition of contraband in correctional institution
Status: in_force

53-1-105 . Disposition of contraband in correctional institution. (1) Cash possessed in excess of the amount allowed by the policy of a correctional institution or obtained in violation of a policy may be confiscated and deposited in an inmate or resident welfare fund to be used for the intended purpose of that fund.

(2) The department of corrections shall adopt policies for the disposition of other contraband confiscated from inmates or residents in correctional institutions. Receipts from the sale of contraband must be deposited in an inmate or resident welfare fund to be used for the intended purpose of that fund.
Mont. Code Ann. § 53-1-217 — MT Code / Title 53 / Chapter 1 / Part 2 / Section 53-1-217
53-1-217 Recidivism
Status: in_force

53-1-217 . Recidivism. Any report produced by a state entity that requires the disclosure of information regarding recidivism or recidivism rates must use the definition of recidivism provided in 1-1-207 .
Mont. Code Ann. § 53-2-105 — MT Code / Title 53 / Chapter 2 / Part 1 / Section 53-2-105
53-2-105 Misuse of public assistance information unlawful
Status: in_force

53-2-105 . Misuse of public assistance information unlawful. Except as provided in 53-2-211 , it is unlawful for a person, body, association, firm, corporation, or other agency to solicit, disclose, receive, or make use of or to authorize, knowingly permit, participate in, or acquiesce in the use of lists or names for commercial or political purposes of any nature or for any purpose not directly connected with the administration of public assistance. However, the department may, to the extent permitted by federal law, disclose public assistance information to an agency of the state or to any other organization if the information is used solely for purposes directly connected with the administration of a program or purpose of the agency.
Mont. Code Ann. § 53-1-208 — MT Code / Title 53 / Chapter 1 / Part 2 / Section 53-1-208
53-1-208 Payment to Powell County
Status: in_force

53-1-208 . Payment to Powell County. (1) The department of corrections shall allocate $46,000 each fiscal year from the proprietary enterprise fund established for the operation of the state prison ranch to the Powell County treasurer.

(2) The Powell County treasurer shall distribute the payment in the relative proportions required by the levies for state, county, school district, and municipal purposes in the same manner as property taxes are distributed.
Mont. Code Ann. § 53-1-103 — MT Code / Title 53 / Chapter 1 / Part 1 / Section 53-1-103
53-1-103 Distribution of alcoholic beverages or drugs to patients at state custodial institutions or correctional facilities a misdemeanor
Status: in_force

53-1-103 . Distribution of alcoholic beverages or drugs to patients at state custodial institutions or correctional facilities a misdemeanor. (1) A person who knowingly sells or distributes or attempts to sell or distribute alcoholic beverages or drugs to the resident patients or inmates of a state custodial institution or correctional facility without permission of the medical staff is guilty of a misdemeanor and, upon conviction, is punishable by imprisonment in a county detention facility 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. § 53-6-1005 — MT Code / Title 53 / Chapter 6 / Part 10 / Section 53-6-1005
53-6-1005 Department administration -- pharmacy access
Status: in_force

53-6-1005 . Department administration -- pharmacy access. The department shall administer the pharmacy access program. The department shall provide for outreach and enrollment in the pharmacy access program. The department shall integrate the enrollment and outreach procedures with other services provided to individuals and families eligible for other related programs.
Mont. Code Ann. § 53-20-304 — MT Code / Title 53 / Chapter 20 / Part 3 / Section 53-20-304
53-20-304 Department contracts with nonprofit corporations -- governmental units providing for community homes
Status: in_force

53-20-304 . Department contracts with nonprofit corporations -- governmental units providing for community homes. (1) The department of public health and human services may contract with nonprofit corporations or associations to provide facilities and services for persons with developmental disabilities in community homes for persons with developmental disabilities and is authorized to expend money appropriated or available for that purpose.

(2) Governmental units, including but not limited to counties, municipalities, school districts, or state institutions of higher learning, are authorized to provide, at their own expense, funds, materials, facilities, and services for community homes for persons with developmental disabilities.
Mont. Code Ann. § 53-25-103 — MT Code / Title 53 / Chapter 25 / Part 1 / Section 53-25-103
53-25-103 Definitions
Status: in_force

53-25-103 . Definitions. As used in this chapter, the following definitions apply:

(1) "Account" means an eligible participating account established under this chapter by or on behalf of an eligible individual.

(2) "Agent" means one of the following persons acting on behalf of a designated beneficiary:

(a) a person acting under a power of attorney; or

(b) if no person holds a power of attorney, a parent or legal guardian of the designated beneficiary.

(3) "Annual contribution limit" means the limit established in section 529A(b)(2) of the Internal Revenue Code, 26 U.S.C. 529A(b)(2).

(4) "Application" means a form executed by or on behalf of a prospective designated beneficiary to enter into a participating trust agreement and open an account. The application incorporates the participating trust agreement by reference.

(5) "Committee" means the achieving a better life experience program oversight committee established in 53-25-105 .

(6) "Contribution" means a payment to an account for the benefit of a designated beneficiary.

(7) "Contributor" means a person who makes a contribution to an account for the benefit of a designated beneficiary.

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

(9) "Designated beneficiary" means the eligible individual on whose behalf an account is established.

(10) "Disability certifications" means disability certifications as defined in section 529A(e)(2) of the Internal Revenue Code, 26 U.S.C. 529A(e)(2).

(11) "Eligible individual" means an eligible individual as defined in section 529A(e)(1) of the Internal Revenue Code, 26 U.S.C. 529A(e)(1).

(12) "Financial institution" means a bank, commercial bank, national bank, savings bank, savings and loan association, credit union, insurance company, trust company, investment adviser, or other similar entity that is authorized to do business in this state.

(13) "Internal Revenue Code" has the same meaning as provided in 15-30-2101 .

(14) "Investment products" means, without limitation, certificates of deposit, savings accounts paying fixed or variable interest, financial instruments, one or more mutual funds, and a mix of mutual funds.

(15) "Member of the family" means, with respect to a designated beneficiary, a member of the family of the designated beneficiary as defined in section 529A(e)(4) of the Internal Revenue Code, 26 U.S.C. 529A(e)(4).

(16) "Nonqualified withdrawal" means a withdrawal from the account that is not:

(a) a qualified withdrawal;

(b) a withdrawal made as the result of the death of the designated beneficiary of an account; or

(c) a rollover distribution or a change of designated beneficiary described in 53-25-111 .

(17) "Participating trust agreement" means an agreement between a designated beneficiary and the department or its designee that creates a trust interest in the trust and provides for participation in the program.

(18) "Program" means the Montana achieving a better life experience program provided for in this chapter and authorized under section 529A of the Internal Revenue Code, 26 U.S.C. 529A.

(19) "Program administrator" means the person appointed or contracted by the department to administer the daily operations of the program and provide marketing, recordkeeping, investment management, and other services for the program.

(20) "Program manager" means a financial institution that acts on behalf of the trust as provided in 53-25-112 .

(21) "Qualified disability expenses" means qualified disability expenses as defined in section 529A(e)(5) of the Internal Revenue Code, 26 U.S.C. 529A(e)(5).

(22) "Qualified withdrawal" means a withdrawal from an account to pay the qualified disability expenses of the designated beneficiary of the account. A qualified withdrawal may be made by the beneficiary or the beneficiary's agent.

(23) "Rollover distribution" means a transfer of funds made:

(a) from one account in another state's qualified program to an account for the benefit of the same designated beneficiary or an eligible individual who is a family member of the former designated beneficiary; or

(b) from one account to another account for the benefit of an eligible individual who is a family member of the former designated beneficiary.

(24) "Trust" means the achieving a better life experience savings trust as provided in 53-25-121 .

(25) "Trustee" means the department in its capacity as trustee of the trust.

(26) "Trust interest" means a designated beneficiary's interest in the trust created by a participating trust agreement and held for the benefit of the designated beneficiary.
Mont. Code Ann. § 53-20-165 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-165
53-20-165 Clothing for residents discharged or conditionally released
Status: in_force

53-20-165 . Clothing for residents discharged or conditionally released. A resident may not be discharged or conditionally released from a residential facility for persons with developmental disabilities without suitable reasonable clothing that will allow the resident to make a normal appearance in the community.
Mont. Code Ann. § 53-21-135 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-135
53-21-135 Terminated
Status: in_force

53-21-135 . Terminated. Sec. 1, Ch. 541, L. 1989.
Mont. Code Ann. § 53-24-311 — MT Code / Title 53 / Chapter 24 / Part 3 / Section 53-24-311
53-24-311 Recovery residence requirements
Status: in_force

53-24-311 . Recovery residence requirements. (1) A recovery residence shall register with the department of public health and human services.

(2) A recovery residence may seek certification from a certifying organization.

(3) A recovery residence must have policies and protocols for the following:

(a) administrative oversight;

(b) quality standards, including if the recovery residence limits or prohibits the use of narcotic medication;

(c) its residents;

(d) emergencies, including fire, natural disasters, and health emergencies, including overdose; and

(e) eviction of a resident, including the return of the resident's personal effects and property.

(4) A recovery residence must meet state and municipal requirements that apply to a residence's dwelling size and occupancy, including but not limited to safety requirements, building codes, zoning regulations, and local ordinance requirements.

(5) A recovery residence shall keep opioid-overdose drugs on site in an easily accessible place and train staff and residents on the use of opioid-overdose drugs.

(6) Minor children of residents may reside with their parent in a certified recovery residence if allowed in the residence's policies and protocols and if the residence maintains an environment consistent with the welfare of minor residents.

(7) The recovery residence may not limit a resident's duration of stay to an arbitrary or fixed amount of time unless all transition and completion dates are agreed on by both parties at the time of admission. Each resident's duration of stay is determined by the resident's needs, progress, and willingness to abide by the recovery residence's protocols in collaboration with the recovery residence's owner and operator and, if appropriate, in consultation with a qualified health care provider.

(8) The recovery residence may permit residents to receive medication-assisted treatment.

(9) (a) Each recovery residence shall provide an annual compliance report to the certifying organization, including a description of any programming and services designed to reduce recidivism and facilitate rehabilitation among residents during the year covered by the report and the number of residents for whom such services were provided.

(b) The certifying organization shall provide an annual compliance report, including a description of any programming and services designed to reduce recidivism and facilitate rehabilitation among residents during the year covered by the report and the number of residents for whom such services were provided, in accordance with 5-11-210 , to the criminal justice oversight council.
Mont. Code Ann. § 53-4-245 — MT Code / Title 53 / Chapter 4 / Part 2 / Section 53-4-245
53-4-245 Payments to Indians not to be decreased because of certain sums received by enrolled tribal members
Status: in_force

53-4-245 . Payments to Indians not to be decreased because of certain sums received by enrolled tribal members. When federal law or regulations require, any amount received by an enrolled member of a recognized Indian tribe as per capita payments or a share in the profits and receipts from tribal lands and interests or tribal enterprises may not be used to decrease the amount of assistance received under this part.
Mont. Code Ann. § 53-19-404 — MT Code / Title 53 / Chapter 19 / Part 4 / Section 53-19-404
53-19-404 Required education -- screening -- reporting
Status: in_force

53-19-404 . Required education -- screening -- reporting. (1) Each licensed hospital, health care facility, or health care provider that provides obstetric services shall provide education to parents of infants born in the hospital or health care facility of the importance of screening the hearing of newborn infants and providing followup care.

(2) Every licensed hospital or health care facility that provides obstetric services shall:

(a) perform newborn hearing screenings, including screening of infants transferred into the hospital or health care facility from another hospital or health care facility, unless the transferring facility has already performed the screening;

(b) report monthly to the department the following information:

(i) the infants born in the hospital or born outside of the hospital and transported or transferred to the hospital or health care facility;

(ii) the infants screened, including those infants born outside of the hospital or health care facility and transported or transferred to it from another hospital or health care facility or screened as part of a cooperative agreement with health care providers providing obstetric services in their service area;

(iii) the infants not screened and the reason each infant was not screened, in accordance with reporting requirements;

(iv) the infants who passed the screening; and

(v) the infants who do not pass their screenings and the contact information for the primary care provider who was notified of the screening results for each infant who did not pass the screenings.

(3) Every licensed audiologist performing audiologic evaluations of infants identified by hearing screening as needing audiologic assessment shall report monthly to the department the following information:

(a) the identity of infants referred to them for audiologic assessment;

(b) the referring person or health care facility;

(c) the birthing facility in which the infant was born; and

(d) the results of the audiologic assessment of each infant referred to them.
Mont. Code Ann. § 53-6-1409 — MT Code / Title 53 / Chapter 6 / Part 14 / Section 53-6-1409
53-6-1409 Auditor evaluation hearings -- adoption of rules
Status: in_force

53-6-1409 . Auditor evaluation hearings -- adoption of rules. At least once a year, the department shall conduct auditor evaluation hearings to identify issues, recommend or require corrective actions, and provide for ongoing and future evaluation of auditor performance. With input from providers, including comments gathered at the auditor evaluation hearings, the department shall adopt rules for:

(1) appropriate and inappropriate conduct and determinations by auditors; and

(2) penalties and sanctions for inappropriate conduct and determinations.
Mont. Code Ann. § 53-21-186 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-186
53-21-186 Support of patient conditionally released
Status: in_force

53-21-186 . Support of patient conditionally released. When a mental health facility conditionally releases a patient committed to its care, it is not liable for the patient's support while conditionally released. Liability transfers to the legal guardian, parent, or person under whose care the patient is placed when conditionally released or to any other person legally liable for the patient's support. The local office of public assistance in the county where the patient resides or is found is responsible for providing relief and care for a conditionally released patient who is unable to be self-supporting or who is unable to secure support from the person under whose care the patient was placed on convalescent leave, like any other person in need of relief and care, under the public assistance laws.
Mont. Code Ann. § 53-25-120 — MT Code / Title 53 / Chapter 25 / Part 1 / Section 53-25-120
53-25-120 Account not counted as resource
Status: in_force

53-25-120 . Account not counted as resource. Unless required by federal law or regulation, money in any account established pursuant to 26 U.S.C. 529A may not be counted as a resource in determining eligibility for an assistance program operated under Title 53 or any other federal, state, or local government means-tested program.
Mont. Code Ann. § 53-1-413 — MT Code / Title 53 / Chapter 1 / Part 4 / Section 53-1-413
53-1-413 Deposit of payments and collections
Status: in_force

53-1-413 . Deposit of payments and collections. (1) Except as provided in 90-7-220 , 90-7-221 , and this section, the department shall deposit payments and collections of charges for a resident's cost of care in the state treasury to the credit of the general fund.

(2) Payments and collections for services provided to residents of the Montana veterans' homes must be deposited in the special revenue account for the benefit of the homes. Payments and collections for services provided to residents of the Montana chemical dependency treatment center must be deposited in the state special revenue account for the facility.
Mont. Code Ann. § 53-4-242 — MT Code / Title 53 / Chapter 4 / Part 2 / Section 53-4-242
53-4-242 Periodic reconsideration of assistance
Status: in_force

53-4-242 . Periodic reconsideration of assistance. All assistance grants made under this part must be reconsidered as frequently as may be required by the rules of the department of public health and human services.
Mont. Code Ann. § 53-24-206 — MT Code / Title 53 / Chapter 24 / Part 2 / Section 53-24-206
53-24-206 Administration of financial assistance
Status: in_force

53-24-206 . Administration of financial assistance. (1) The department may apply for and receive grants, allotments, or allocations of funds or other assistance for purposes pertaining to the problems of chemical dependency or related social problems under laws and rules of the United States, any other state, or any private organization.

(2) The department may cooperate with any other government agency or private organization in programs on chemical dependency or related social problems. In carrying out cooperative programs, the department may make grants of financial assistance to government agencies and private organizations under terms and conditions agreed upon.

(3) (a) In administering proceeds derived from the liquor license tax, the beer license tax, or the wine tax, the department shall distribute those funds appropriated by the legislature. Money that is appropriated for distribution to approved private or public programs on a discretionary basis must be distributed to those programs that can demonstrate that:

(i) the program is achieving the goals and objectives mutually agreed upon by the program and the department; and

(ii) the receipt of additional funds would be justified.

(b) The remainder of the proceeds that are not appropriated, as provided in subsection (3)(a), or that are not statutorily appropriated in 53-24-108 (1)(b) must be distributed to the counties for use by approved private or public programs. The distribution of these proceeds is statutorily appropriated as provided in 17-7-502 and must be distributed in the following manner:

(i) Eighty-five percent must be allocated according to the proportion of each county's population to the state's population according to the most recent United States census.

(ii) Fifteen percent must be allocated according to the proportion of the county's land area to the state's land area.

(c) Money distributed under subsection (3) may only be used for purposes pertaining to the problems of alcoholism and chemical dependency.
Mont. Code Ann. § 53-6-1308 — MT Code / Title 53 / Chapter 6 / Part 13 / Section 53-6-1308
53-6-1308 Community engagement requirements -- countable activities -- exemptions -- self-attestation
Status: in_force

53-6-1308 . Community engagement requirements -- countable activities -- exemptions -- self-attestation. (1) Except as provided in subsections (3) through (5), an individual receiving coverage under this part shall participate in 80 hours of community engagement activities each month if the individual is at least 19 years of age but no more than 62 years of age.

(2) Time spent in one or more of the following activities may be counted toward the monthly requirement for community engagement:

(a) employment;

(b) work readiness or workforce training activities;

(c) secondary, postsecondary, or vocational education;

(d) substance abuse education or substance use disorder treatment;

(e) other work or community engagement activities that promote work or work readiness or advance the health purpose of the medicaid program;

(f) a community service or volunteer opportunity; or

(g) any other activity required by the centers for medicare and medicaid services for the purpose of obtaining necessary waivers under this part.

(3) A program participant is exempt from the requirements of this section if the participant is:

(a) medically frail as defined in 42 CFR 440.315;

(b) blind or disabled;

(c) pregnant;

(d) experiencing an acute medical condition requiring immediate medical treatment;

(e) mentally or physically unable to work;

(f) a primary caregiver for a person who is unable to provide self-care;

(g) a foster parent;

(h) a full-time student in a secondary school;

(i) a student enrolled in the equivalent of at least six credits in a postsecondary or vocational institution;

(j) participating in or exempt from the work requirements of the temporary assistance for needy families program or the supplemental nutrition assistance program;

(k) under supervision of the department of corrections, a county jail, or another entity as directed by a court, the department of corrections, or the board of pardons and parole;

(l) experiencing chronic homelessness;

(m) a victim of domestic violence as defined by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 42 U.S.C. 601, et seq.;

(n) living in an area with a high-poverty designation;

(o) a member of an entity subject to the fee provided for in 15-30-2660 (3); or

(p) otherwise exempt under federal law.

(4) A program participant is exempt from the requirements of this section if the department determines that the participant's income exceeds an amount equal to the average of 80 hours per month multiplied by the minimum wage.

(5) A program participant is exempt from the requirements of this section in any reporting period in which the participant:

(a) is hospitalized or caring for an immediate family member who has been hospitalized;

(b) has a documented serious illness or incapacity or is caring for an immediate family member with a documented serious illness or incapacity; or

(c) is impacted by a catastrophic event or hardship as defined by the department by rule that prevents the participant from complying with the community engagement requirements of this section.

(6) The department may determine, through use of available administrative data, that a program participant:

(a) meets the community engagement requirements of this section; or

(b) is exempt from meeting the community engagement requirements.
Mont. Code Ann. § 53-6-903 — MT Code / Title 53 / Chapter 6 / Part 9 / Section 53-6-903
53-6-903 Terminated
Status: in_force

53-6-903 . Terminated. Sec. 1, Ch. 28, L. 1999.
Mont. Code Ann. § 53-21-1111 — MT Code / Title 53 / Chapter 21 / Part 11 / Section 53-21-1111
53-21-1111 Suicide prevention grants
Status: in_force

53-21-1111 . Suicide prevention grants. (1) The department shall administer a grant program from funds appropriated by the legislature for suicide prevention activities pursuant to this section.

(2) (a) To be eligible for a grant under this section, an entity shall demonstrate credible evidence to the department that the activity to be funded is effective in preventing suicide.

(b) An activity must be considered effective if it meets one or more of the following criteria:

(i) it has been cited as effective by peer-reviewed research or literature;

(ii) it was a formally adopted recommendation of the Montana suicide review team established in section 3, Chapter 353, Laws of 2013; or

(iii) it increases knowledge of and response to adverse childhood experiences.

(3) The requirements of this section apply to youth suicide prevention programs funded with money from the healing and ending addiction through recovery and treatment account provided for in 16-12-122 .
Mont. Code Ann. § 53-6-602 — MT Code / Title 53 / Chapter 6 / Part 6 / Section 53-6-602
53-6-602 Purpose -- policy
Status: in_force

53-6-602 . Purpose -- policy. (1) The legislature finds that in keeping with the traditional concept of the inherent dignity of the individual in a democratic society, the elderly or persons with disabilities should be able to live as independently as possible.

(2) The legislature further finds that:

(a) the ability to continue to live in a person's own residence or in the least restrictive setting best serves the health and dignity of the elderly or persons with disabilities;

(b) state programs of assistance for the elderly or persons with disabilities should be coordinated in a manner that best serves the interests of the recipients;

(c) state programs of assistance for the elderly or persons with disabilities should encourage the development of services that support the maintenance of lives as independently as possible;

(d) state programs of assistance for the elderly or persons with disabilities should encourage the development of affordable services for persons seeking services, whether financed through private means or public means;

(e) the elderly or persons with disabilities should be able to obtain insurance and other means of private financing for services that are affordable and readily available; and

(f) state agencies are required to carry out their various responsibilities for the provision of assistance, the protection of the elderly and persons with disabilities, and the licensing of facilities and professions in accordance with this part.

(3) The legislature declares that the policy of this state is to:

(a) respect the dignity of persons in the provision of state-sponsored and state-funded services for the elderly and persons with disabilities by seeking to maintain the maximum level of independence possible for those persons receiving services;

(b) foster the development of community services that allow a person to choose to remain in a person's own residence or in the least restrictive setting;

(c) foster coordination of services for the elderly or persons with disabilities among the various public and private programs; and

(d) foster the development of private means of financing services for the elderly or persons with disabilities.
Mont. Code Ann. § 53-6-176 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-176
53-6-176 Notice of application -- proof of notice -- request for issuance of writ of execution
Status: in_force

53-6-176 . Notice of application -- proof of notice -- request for issuance of writ of execution. (1) The department shall provide notice, as required by this section, of the filing of the application for a writ of execution pursuant to 53-6-175 to all persons having a recorded interest in the property or residing lawfully on the property.

(2) The notice must contain a description of the property and must state that the department has a lien under 53-6-171 upon the described property, that the department has filed an application for a writ of execution seeking sale of the property, and that a writ will be issued unless an action challenging issuance of the writ has been filed in accordance with 53-6-177 within 60 days of the date of mailing or service of notice or first publication of notice. The department shall include with the notice a copy of the application for the writ. The notice must also include notice of the right to seek an undue hardship exception as provided in 53-6-180 .

(3) (a) The department may mail a copy of the notice, postage prepaid and return receipt requested, to the name and address stated in the recorded instrument creating each person's interest in the property or, in the case of a person residing on the property, to the address of the residence on the property. Mailing as provided in this subsection (a) is sufficient notice to the addressee if the return receipt is returned to the department and indicates that the notice was received by or on behalf of the addressee.

(b) If the return receipt is not returned to the department indicating that the notice was received by or on behalf of the addressee, the department shall attempt with reasonable diligence to locate the addressee and to personally serve or mail notice to that person.

(c) If after the exercise of reasonable diligence the department is unable to locate the person owning the interest in the property, the department shall publish the notice required by subsection (2) three times, once each week for 3 successive weeks, in a newspaper published in the county in which the property is located if a newspaper is published in the county. If a newspaper is not published in the county, then publication must be in a newspaper having a general circulation in the county.

(d) With respect to a person residing lawfully on the property but having no recorded interest in the property, the notice may be delivered to the residence and delivery is sufficient notice as to that person.

(e) In the alternative, the notice and application may be personally served upon any person entitled to notice under this section.

(4) (a) After giving notice as required by this section, the department shall file with the clerk of court an affidavit describing:

(i) the manner in which notice has been provided to each person entitled to notice;

(ii) the date of mailing, personal service, or first publication of the notice; and

(iii) the date by which each person is required to file an action to challenge issuance of the writ of execution.

(b) The department shall attach to the affidavit the return receipt, the affidavit of personal service, the affidavit of publication, or other proof of service of the notice. If no action has been filed within the time required by 53-6-177 , the affidavit must so state and may request immediate issuance of the writ.
Mont. Code Ann. § 53-21-150 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-150
53-21-150 Treatment plan -- provider choice
Status: in_force

53-21-150 . Treatment plan -- provider choice. (1) Stabilizing treatment must be provided during the development of a treatment plan.

(2) If the court orders a treatment plan under this section as a condition of a commitment for treatment in a community facility, program, or course of treatment, the chief medical officer of the facility or program at which the respondent has been ordered to receive outpatient treatment and at which the respondent is treated as an outpatient or the chief medical officer's designee shall submit a treatment plan, including any outpatient treatment recommendations that the respondent is required to follow, to the clerk of district court as soon as practical. However, the plan must be submitted no later than 30 days after the respondent has been ordered to receive treatment as an outpatient.

(3) A treatment plan must be developed with the respondent and the friend of respondent or respondent's family, if family involvement is determined by the court in consultation with the mental health professional to be in the best interests of the respondent.

(4) The clerk of district court shall send a copy of the proposed treatment plan to the court, to the respondent, to the friend of respondent, and to the respondent's attorney of record, who may relay the respondent's objections to the treatment plan, if any, and provide alternative treatment recommendations to the court.

(5) The court may accept the treatment plan or require a revised treatment plan that is approved by a mental health professional.
Mont. Code Ann. § 53-21-131 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-131
53-21-131 Appeal procedure
Status: in_force

53-21-131 . Appeal procedure. Appellate review of any order of short-term evaluation and treatment or long-term commitment may be had by appeal to the supreme court of Montana in the manner as other civil cases, except that the appeal may be taken at any time within 90 days of the actual service of the written notice of the right to appeal required by 53-21-114 or within 90 days after discharge, whichever is later. The patient shall not be released pending appeal unless ordered by the court. The appeal shall have priority above all other matters before the supreme court.
Mont. Code Ann. § 53-7-302 — MT Code / Title 53 / Chapter 7 / Part 3 / Section 53-7-302
53-7-302 Administration
Status: in_force

53-7-302 . Administration. The department may:

(1) cooperate with other departments and agencies and institutions, both public and private, in providing the services authorized by this part to persons with blindness or low vision; in studying the problems involved in vocational rehabilitation; and in establishing, developing, and providing programs, facilities, and services;

(2) conduct research and compile statistics relating to the provision of services to or the need of services for persons with blindness or low vision;

(3) accept and use gifts to carry out this part; and

(4) make rules and take any other action it determines necessary or appropriate to carry out this part.
Mont. Code Ann. § 53-19-303 — MT Code / Title 53 / Chapter 19 / Part 3 / Section 53-19-303
53-19-303 Term of office -- vacancies
Status: in_force

53-19-303 . Term of office -- vacancies. (1) Each member of the committee shall serve for a term of 3 years.

(2) A vacancy on the committee must be filled in the same manner as the original appointment.
Mont. Code Ann. § 53-21-185 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-185
53-21-185 Care and treatment following release
Status: in_force

53-21-185 . Care and treatment following release. The department and its agents have an affirmative duty to provide adequate transitional treatment and care for all patients released after a period of involuntary confinement. Transitional care and treatment possibilities include but are not limited to psychiatric day care, treatment in the home by a visiting therapist, nursing home or extended care, a halfway house, outpatient treatment, and treatment in the psychiatric ward of a general hospital.
Mont. Code Ann. § 53-30-101 — MT Code / Title 53 / Chapter 30 / Part 1 / Section 53-30-101
53-30-101 State prison -- definition
Status: in_force

53-30-101 . State prison -- definition. As used in this title, unless the context indicates otherwise, "state prison" means:

(1) a state penal or correctional institution whose primary function is to provide for the custody, treatment, training, and rehabilitation of adult criminal offenders;

(2) a state penal or correctional facility portion of a Montana regional correctional facility;

(3) a detention center, a state penal facility, or a correctional facility in another jurisdiction detaining Montana inmates pursuant to 53-30-106 ;

(4) a private correctional facility or penal facility licensed by the department of corrections or a private correctional facility or penal facility portion of a Montana regional correctional facility licensed by the department of corrections; or

(5) a combination of the facilities listed in this section.
Mont. Code Ann. § 53-6-112 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-112
53-6-112 Department to print and distribute copies of part and certain forms
Status: in_force

53-6-112 . Department to print and distribute copies of part and certain forms. The department shall have printed and shall distribute copies of this part to all local offices of public assistance and shall prescribe the form of and print and supply to the local offices of public assistance blanks of applications, reports, and other forms that may be necessary in relation to medical assistance.
Mont. Code Ann. § 53-6-149 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-149
53-6-149 State special revenue fund account -- administration
Status: in_force

53-6-149 . State special revenue fund account -- administration. (1) There is a hospital medicaid reimbursement account in the state special revenue fund provided for in 17-2-102 .

(2) All money collected under 15-66-102 , except for the money deposited pursuant to 15-66-102 (3)(b) into the Montana HELP Act special revenue account provided for in 53-6-1315 , must be deposited in the account.

(3) Money in the account must be used by the department of public health and human services to provide funding no later than May 15 of each year for increases in medicaid payments to hospitals and for the costs of collection of the fee and other administrative activities associated with the implementation of increases in the medicaid payments to hospitals.
Mont. Code Ann. § 53-3-115 — MT Code / Title 53 / Chapter 3 / Part 1 / Section 53-3-115
53-3-115 Legislative findings
Status: in_force

53-3-115 . Legislative findings. (1) The legislature finds that in order to use the limited resources of the state for the purposes of providing public assistance to persons whom it has determined are in need, certain programs must be eliminated and the provision of public assistance programs must be reorganized for more efficient delivery of services.

(2) The legislature finds that county governments are in the best position to efficiently and effectively deliver services for those in need who are not otherwise eligible for similar services provided by the department of public health and human services.

(3) (a) The legislature finds that the needs of persons who are aged, infirm, or misfortunate are adequately and appropriately provided for through the following programs:

(i) medicaid;

(ii) cash assistance, as defined in 53-2-902 ;

(iii) food stamps;

(iv) commodities; and

(v) low-income energy assistance.

(b) The legislature further finds that the counties may in their discretion provide other programs of public assistance that they determine are appropriate and that may be funded with money derived from a county mill levy.

(4) The legislature finds that the effects of eliminating the state program of general relief are not known and that the administration and financing of public assistance programs by each county may not provide uniform assistance throughout the state.
Mont. Code Ann. § 53-20-205 — MT Code / Title 53 / Chapter 20 / Part 2 / Section 53-20-205
53-20-205 Community services
Status: in_force

53-20-205 . Community services. (1) The department may establish and administer community comprehensive services, programs, clinics, or other facilities throughout the state for the purpose of aiding in the prevention, diagnosis, amelioration, or treatment of developmental disabilities. Programs, clinics, or other services may be provided directly by state agencies or indirectly through contract or cooperative arrangements with other agencies of government, regional or local, private or public agencies, private professional persons, or accredited health or long-term care facilities.

(2) (a) The department may contract for programs for developmental disabilities services. Contracts entered into by the department must contain specific conditions for performance by the contractor. The department shall set minimum standards for programs and establish appropriate qualifications for persons employed in the programs.

(b) A contract for case management services targeted for people with developmental disabilities must include funding to allow for an average caseload of no more than 35 clients per case manager.

(3) All developmental disabilities facilities and services must comply with existing federal guidelines and with requirements that will enable the services and facilities to qualify for available aid funds. However, this section does not require facilities serving persons with developmental disabilities to meet the same or equal standards as licensed medical facilities unless the developmental disabilities facility is providing professional or skilled medical care.

(4) Comprehensive services, programs, clinics, or other facilities established or provided by the department under this part must conform as nearly as possible to the plans of the council created under 2-15-1869 .

(5) The department may promote scientific and medical research investigations relative to the incidence, cause, prevention, and care of persons with developmental disabilities.
Mont. Code Ann. § 53-6-166 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-166
53-6-166 Period of ineligibility for medical assistance when assets disposed of for less than fair market value -- undue hardship exception -- department to adopt rules
Status: in_force

53-6-166 . Period of ineligibility for medical assistance when assets disposed of for less than fair market value -- undue hardship exception -- department to adopt rules. (1) The department shall, in accordance with 42 U.S.C. 1396p, as may be amended, and implementing federal regulations and policies, impose upon an applicant or recipient a period of ineligibility for medical assistance under this part when the applicant or recipient or the spouse of either directly or indirectly disposes of any assets for less than fair market value during the applicable 3-year, 5-year, or other period provided by 42 U.S.C. 1396p, as may be amended, or by other federal law.

(2) A period of ineligibility for medical assistance may not be imposed upon an applicant or recipient under this section to the extent that the department determines, in accordance with procedures specified by department rule, that the denial of eligibility would cause an undue hardship as defined by department rule.

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

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

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

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

(d) notice and opportunity for a hearing regarding imposition of a period of ineligibility or denial of an undue hardship exception.

(4) Nothing in 53-6-143 , 53-6-144 , 53-6-165 , 53-6-167 through 53-6-169 , 53-6-171 through 53-6-189 , or this section is intended to prohibit the department from adopting rules consistent with federal law that provide for a period of ineligibility for public assistance programs other than medical assistance when an applicant or recipient directly or indirectly disposes of assets for less than fair market value.
Mont. Code Ann. § 53-4-1012 — MT Code / Title 53 / Chapter 4 / Part 10 / Section 53-4-1012
53-4-1012 State special revenue account
Status: in_force

53-4-1012 . (Temporary) State special revenue account. (1) There is an account in the state special revenue fund to the credit of the state children's health insurance program administered by the department of public health and human services. Any interest or income derived from the account must be deposited in the account.

(2) Money deposited in this account must be used by the department to cover children, to reduce or maintain premiums, to pay health care claims, or to establish and maintain a reserve. (Terminates on occurrence of contingency--sec. 7, Ch. 565, L. 2005; sec. 5, Ch. 129, L. 2007.)
Mont. Code Ann. § 53-9-133 — MT Code / Title 53 / Chapter 9 / Part 1 / Section 53-9-133
53-9-133 Effect of award on probation and parole of offender
Status: in_force

53-9-133 . (Temporary) Effect of award on probation and parole of offender. (1) When placing any convicted person on probation, the court may set as a condition of probation the payment to the state of an amount equal to any benefits paid by the office to a victim or a victim's dependents. The court may set a repayment schedule and modify it as circumstances change.

(2) Payment of the debt may be made a condition of parole subject to modification based on a change in circumstances.

(3) Funds received by the crime victims compensation and assistance program must be deposited in the account established in 53-9-113 . (Terminates June 30, 2027--secs. 1, 2, 3, Ch. 139, L. 2021.)
Mont. Code Ann. § 53-1-701 — MT Code / Title 53 / Chapter 1 / Part 7 / Section 53-1-701
53-1-701 Findings -- purpose
Status: in_force

53-1-701 . Findings -- purpose. (1) The legislature finds that the implementation of a system using a single, easy-to-use telephone number, 2-1-1, for public access to information and referral for safety, health, or human services and for information about access to services after a disaster or emergency will benefit the citizens of the state of Montana by providing easier access to available services, by efficiently connecting people with the desired service providers, and by reducing duplication of efforts.

(2) The legislature finds that a statewide 2-1-1 system will facilitate public access to information and referral for safety, health, and human services and for disaster or emergency prevention or response information and will make our state's communities safer, stronger, and better-prepared to respond to threats of domestic and international terrorism and domestic emergency situations of all natures.

(3) The purposes of this part are to:

(a) establish an implementation plan for a statewide 2-1-1 system to provide public access to information and referral for disaster, emergency, safety, health, and human services;

(b) ensure that the system is free from undue political interference and conflicts of interest;

(c) provide that 2-1-1 services are delivered by qualified and competent agencies in a manner that is fair and consistent throughout the state;

(d) establish a system that utilizes state employees, contracted services, or other methods of providing services in a manner that is responsive to and respective of regional and community needs and interests as funding allows; and

(e) ensure that funding of the statewide 2-1-1 system is provided and managed in a fiscally responsible manner.
Mont. Code Ann. § 53-10-103 — MT Code / Title 53 / Chapter 10 / Part 1 / Section 53-10-103
53-10-103 Not codified
Status: in_force

53-10-103 . Not codified.
Mont. Code Ann. § 53-21-146 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-146
53-21-146 Right to be free from physical restraint and isolation
Status: in_force

53-21-146 . Right to be free from physical restraint and isolation. Patients have a right to be free from physical restraint and isolation. Except for emergency situations in which it is likely that patients could harm themselves or others and in which less restrictive means of restraint are not feasible, patients may be physically restrained or placed in isolation only on a professional person's written order that explains the rationale for the action. The written order may be entered only after the professional person has personally seen the patient concerned and evaluated the episode or situation that is alleged to call for restraint or isolation. Emergency use of restraints or isolation may not be for more than 1 hour, by which time a professional person must have been consulted and must have entered an appropriate order in writing. The written order is effective for no more than 24 hours and must be renewed if restraint and isolation are to be continued. Whenever a patient is subject to restraint or isolation, adequate care must be taken to monitor the patient's physical and psychiatric condition and to provide for the patient's physical needs and comfort. Physical restraint may not be used as punishment, for the convenience of the staff, or as a substitute for a treatment program.
Mont. Code Ann. § 53-20-203 — MT Code / Title 53 / Chapter 20 / Part 2 / Section 53-20-203
53-20-203 Responsibilities of department
Status: in_force

53-20-203 . Responsibilities of department. The department shall:

(1) take cognizance of matters affecting the citizens of the state who are persons with developmental disabilities;

(2) initiate a preventive developmental disabilities program that must include but not be limited to the implementation of developmental disabilities care, treatment, prevention, and research as can best be accomplished by community-centered services. Every means must be used to initiate and operate the service program in cooperation with local agencies under the provisions of 53-20-205 .

(3) collect and disseminate information relating to developmental disabilities;

(4) prepare an annual comprehensive plan for the initiation and maintenance of developmental disabilities services in the state. The services must include but not be limited to community comprehensive developmental disabilities services as listed in 53-20-202 (1).

(5) provide by rule for the evaluation of:

(a) persons who apply for services;

(b) persons admitted into a program at a developmental disability facility; and

(c) persons residing at or released from the Montana developmental center into a community home, in accordance with the requirements established in 53-20-225 ;

(6) carry out the review of administrative rules, policies, and procedures provided for in 53-20-215 and take the steps necessary to eliminate or change a rule, policy, or procedure found by the review to be unnecessary, duplicative, or in need of revision, including applying for any amendments to medicaid waivers;

(7) receive from agencies of the government of the United States and other agencies, persons or groups of persons, associations, firms, or corporations grants of money, receipts from fees, gifts, supplies, materials, and contributions to initiate and maintain developmental disabilities services within the state;

(8) require that habilitation plans be developed, implemented, and continuously maintained for all persons with developmental disabilities who are served through a community-based program funded by the state; and

(9) use funds available for cases in which special medical or material assistance is necessary to rehabilitate children with developmental disabilities or children with physical disabilities if the assistance is not otherwise provided for by law.
Mont. Code Ann. § 53-18-103 — MT Code / Title 53 / Chapter 18 / Part 1 / Section 53-18-103
53-18-103 Administration of trust account
Status: in_force

53-18-103 . Administration of trust account. (1) The department may accept money from a self-sufficiency trust for deposit in the self-sufficiency trust account pursuant to an agreement with the self-sufficiency trust naming one or more beneficiaries who are residents of this state and are persons with developmental disabilities, mental illness, or physical disabilities or are otherwise eligible for department services, as defined by the department. The agreement must specify the care or treatment to be provided for each named beneficiary. Money in the trust account must be accounted for separately for each named beneficiary. The department of public health and human services shall administer the trust account for beneficiaries who are mentally ill.

(2) (a) The department shall adopt rules to administer the trust account.

(b) The money in the trust account may be spent by the department, pursuant to its rules, only to provide care or treatment for the named beneficiary in accordance with the terms of the agreement.

(c) If the director of the department determines that the money in the trust account for a named beneficiary cannot be used for the care and treatment of the beneficiary in a manner consistent with the rules of the department and the agreement or upon request of the self-sufficiency trust, the remaining money in the trust account for the named beneficiary, together with any accumulated interest, must be promptly returned to the self-sufficiency trust that provided the money for deposit in the trust account.

(3) The trust account money must be deposited in the state treasury and invested as required by law and the earnings credited to the trust account.
Mont. Code Ann. § 53-6-803 — MT Code / Title 53 / Chapter 6 / Part 8 / Section 53-6-803
53-6-803 Long-term care insurance partnerships authorized
Status: in_force

53-6-803 . Long-term care insurance partnerships authorized. (1) The commissioner and the department may in their discretion establish long-term care insurance partnerships as provided for in federal law under 42 U.S.C. 1396p or if allowed by a waiver of federal law under section 1115 of Title XI of the Social Security Act, 42 U.S.C. 1315.

(2) The department may in its discretion collaborate with private insurers to implement long-term care insurance partnerships that will allow individuals who have resources in excess of the resource limit for receipt of medical assistance under the Montana medicaid program to receive medical assistance benefits if those individuals are eligible for or require the level of care provided by a long-term care facility and meet the other program requirements in accordance with federal law or an approved waiver in order to facilitate the enrollment of persons into long-term care insurance plans.

(3) Under partnerships created pursuant to this section, individuals may qualify for special treatment of their resources if they purchase a long-term care insurance policy or certificate certified by the commissioner and the department as provided in 53-6-804 prior to becoming eligible for medical assistance benefits. The department may modify eligibility and other medicaid requirements by administrative rule as provided in 53-6-805 and as allowed by state and federal law to encourage individuals to maintain long-term care insurance.

(4) The long-term care insurance partnerships may in the department's discretion be based on a dollar-for-dollar model or any other model that is cost-neutral.
Mont. Code Ann. § 53-9-126 — MT Code / Title 53 / Chapter 9 / Part 1 / Section 53-9-126
53-9-126 Tentative award of compensation
Status: in_force

53-9-126 . Tentative award of compensation. If the office determines that the claimant will suffer financial hardship unless a tentative award is made and it appears likely that a final award will be made, an amount may be paid to the claimant, to be deducted from the final award or repaid by and recoverable from the claimant to the extent that it exceeds the final award.
Mont. Code Ann. § 53-18-104 — MT Code / Title 53 / Chapter 18 / Part 1 / Section 53-18-104
53-18-104 Benefits not affected
Status: in_force

53-18-104 . Benefits not affected. Receipt by a beneficiary of supplemental services as a result of the self-sufficiency trust account or of care and treatment provided by the trust may not in any way reduce, impair, or diminish the benefits to which the beneficiary is otherwise entitled by law.
Mont. Code Ann. § 53-22-103 — MT Code / Title 53 / Chapter 22 / Part 1 / Section 53-22-103
53-22-103 Supplementary agreements
Status: in_force

53-22-103 . Supplementary agreements. The director may enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the compact.
Mont. Code Ann. § 53-6-179 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-179
53-6-179 Payment of amount due -- periodic payments -- substitute security
Status: in_force

53-6-179 . Payment of amount due -- periodic payments -- substitute security. (1) If the total amount due to the department to satisfy a lien imposed under 53-6-171 through 53-6-188 is paid, the department may not file an application under 53-6-175 , shall withdraw its application if the application has already been filed, or shall instruct the sheriff to cancel the sale proceedings.

(2) In lieu of applying for a writ of execution, the department may agree with the heirs or devisees of the recipient to accept periodic payments for the repayment of recoverable medical assistance or may agree with the recipient's surviving spouse to accept substitute security and partial payment. The department may agree to periodic payments or substitute security if the terms of agreement, including security for repayment, are acceptable to the department and if the agreement does not reduce the amount due or the likelihood of recovering the amount due. The department may delay filing an application for issuance of a writ of execution for purposes of conducting negotiations for an agreement in lieu of execution.
Mont. Code Ann. § 53-6-165 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-165
53-6-165 Definitions
Status: in_force

53-6-165 . Definitions. As used in this part, unless expressly provided otherwise, the following definitions apply:

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

(2) "Financial institution" means any organization in the business of moving, investing, or lending money, dealing in financial instruments, or providing financial services, including but not limited to federally chartered and state-chartered banks, savings and loan associations, and credit unions.

(3) "Recipient" means an individual who has been determined by a medicaid agency to be eligible for medicaid benefits, whether or not the individual has actually received a benefit, or an individual who has received benefits, whether or not that person has been determined to be eligible.

(4) (a) "Recoverable medical assistance" means a payment pursuant to this part, including but not limited to a payment made for items or services provided to and insurance premiums, deductibles, and coinsurance paid on behalf of a recipient who:

(i) during the recipient's lifetime, was an inpatient in a nursing facility, intermediate care facility for the developmentally disabled, or institution for mental disease and, with respect to that institutionalization, the department determined under 53-6-171 that the person was not reasonably expected to be discharged and return home; or

(ii) was at least 55 years of age or younger if allowed by 42 U.S.C. 1396p, as may be amended, when the item or service was provided or when the insurance premium, deductible, or coinsurance was paid.

(b) The term does not include medical assistance for medicare cost sharing or for benefits described in 42 U.S.C. 1396a(a)(10)(E).

(5) "Recovery" means legal action brought for the payment or repayment of recoverable medical assistance or amounts of money paid for other purposes.
Mont. Code Ann. § 53-19-302 — MT Code / Title 53 / Chapter 19 / Part 3 / Section 53-19-302
53-19-302 Definitions
Status: in_force

53-19-302 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Committee" means the committee on telecommunications access services for persons with disabilities established in 2-15-2212 .

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

(3) "End user connection" means a customer's connection to a service provider's network.

(4) "Mobility-disabled" means the condition of a person with reduced function of the arms, legs, or hands making activities related to moving, turning, or pressing objects difficult or impossible. The term includes difficulty in using a wide range of telecommunications equipment.

(5) "Net amount billed for the fee" means the gross amount billed for fees imposed by 53-19-311 , less adjustments for uncollectible accounts, refunds, incorrect billings, and other appropriate adjustments.

(6) "Person with a disability" means the condition of a person who is deaf and blind, deaf, hard-of-hearing, speech-disabled, or mobility-disabled.

(7) "Program" means the program established in 53-19-306 .

(8) "Service provider" means an entity that offers services to subscribers in Montana to allow two or more persons in different locations to communicate orally, without regard to the technology or medium the entity uses to provide the telecommunications service, and access to telecommunications relay service. The term includes providers of telecommunications service, including but not limited to providers of internet protocol-enabled voice communications service.

(9) "Specialized telecommunications equipment" means any telecommunications device that enables or assists a person with a disability to communicate with others by means of the public switched telephone network or internet protocol-enabled voice communications service. The term includes but is not limited to text telephones (TTY), amplifiers, signaling devices, puff-blow devices, electronic artificial larynx devices, telebraille, and equipment for the mobility-disabled.

(10) "Subscriber" means an end user who receives telecommunications network access from a service provider.

(11) "Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing without a change in the form or content of the information upon receipt.

(12) "Telecommunications relay service" means a service that permits full and simultaneous communication between those using specialized telecommunications equipment and those using conventional telephone equipment or any other technology or equipment, including but not limited to personal computers and videophones.
Mont. Code Ann. § 53-6-182 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-182
53-6-182 Spouse's limited exemption from lien
Status: in_force

53-6-182 . Spouse's limited exemption from lien. (1) Subject to Title 70, chapter 32, a recipient's surviving spouse who owns a home or an interest in a home in which the spouse resides that is subject to a lien imposed under 53-6-171 through 53-6-188 is, upon sale, transfer, or exchange of the home, entitled to an exemption from the department's lien in an amount determined in accordance with this section. The exemption is in the form of:

(a) a partial release of the department's lien if the exemption amount is less than the full amount of the department's lien; or

(b) a full release of the department's lien if the exemption amount is equal to or greater than the full amount of the department's lien.

(2) The amount of the exemption is the lesser of an amount equal to:

(a) the fair market value of the interest in the home that the surviving spouse received from the recipient by distribution or survival; or

(b) $100,000 minus the total fair market value of all of the surviving spouse's assets, other than the interest in the home that the surviving spouse received from the recipient by distribution or survival. For purposes of this section, the surviving spouse's assets do not include personal property that is exempt from execution under Title 25, chapter 13, part 6.

(3) The department may by rule require a surviving spouse to file an application for the exemption and to provide information, documentation, and verification regarding the applicant's assets and the fair market value of assets. The department shall provide the applicant notice of its determination on the application and of the opportunity for a hearing pursuant to Title 2, chapter 4, part 6.

(4) Upon determination by the department that the applicant is entitled to an exemption, the department shall provide to the applicant an appropriate full or partial release in the amount of the exemption.
Mont. Code Ann. § 53-21-702 — MT Code / Title 53 / Chapter 21 / Part 7 / Section 53-21-702
53-21-702 Mental health care system -- eligibility -- services -- advisory council
Status: in_force

53-21-702 . Mental health care system -- eligibility -- services -- advisory council. (1) The department of public health and human services shall develop a delivery system of mental health care from providers or other entities that are able to provide administration or delivery of mental health services. The public mental health care system shall:

(a) include specific outcome and performance measures for the administration or delivery of a continuum of mental health services;

(b) provide for local advisory councils that shall report to and meet on a regular basis with the advisory council provided for in subsection (4);

(c) provide level-of-care appeals that are understandable and accessible; and

(d) provide a system for tracking children who need mental health services that are provided under substantive interagency agreements between state agencies responsible for addictive and mental disorders, foster care, children with developmental disabilities, special education, and juvenile corrections.

(2) The department may establish resource and income standards of eligibility for mental health services that are more liberal than the resource and income standards of eligibility for physical health services. The standards of eligibility for mental health services may provide for eligibility for households not eligible for medicaid with family income that does not exceed 160% of the federal poverty threshold or that does not exceed a lesser amount determined at the discretion of the department. The department may by rule specify under what circumstances deductions for medical expenses should be used to reduce countable family income in determining eligibility. The department may also adopt rules establishing fees, premiums, or copayments to be charged recipients for services. The fees, premiums, or copayments may vary according to family income.

(3) The department shall establish the amount, scope, and duration of services to be provided under the program. Services for nonmedicaid-eligible individuals may be more limited than those services provided to medicaid-eligible individuals. Services to nonmedicaid-eligible individuals may include a pharmacy benefit.

(4) (a) The department shall form an advisory council, to be known as the behavioral health advisory council, to provide input to the department in the development and management of any public mental health system. The advisory council is not subject to 2-15-122 . The advisory council membership must include:

(i) one-half of the members as consumers of mental health services, including persons with serious mental illnesses who are receiving public mental health services, other recipients of mental health services, former recipients of public mental health services, and immediate family members of recipients of mental health services; and

(ii) advocates for consumers or family members of consumers, members of the public at large, providers of mental health services, legislators, and department representatives.

(b) The advisory council under this section may be administered so as to fulfill any federal advisory council requirements to obtain federal funds for this program.

(c) Geographic representation must be considered when appointing members to the advisory council in order to provide the widest possible representation.
Mont. Code Ann. § 53-4-1115 — MT Code / Title 53 / Chapter 4 / Part 11 / Section 53-4-1115
53-4-1115 Special revenue account
Status: in_force

53-4-1115 . Special revenue account. (1) There is an account in the state special revenue fund to the credit of the department for the purposes provided in subsection (2). There must be paid into the account the amounts collected under 33-2-708 (3)(b). Any interest or income derived from the account must be deposited in the account.

(2) Money in the account may be used only to:

(a) cover the number of additional enrollees in the plan that exceeds the number of enrollees as of November 4, 2008, within the limits provided in 53-4-1004 , 53-6-131 , and this part and to cover the costs of enrollment, including premium assistance, under 53-4-1108 (1), and to pay administrative costs associated with expanded eligibility, and to establish and maintain a reserve;

(b) match federal funds available under:

(i) the children's health insurance program and the Montana medicaid program;

(ii) home visiting through the maternal, infant, and early childhood program established in 42 U.S.C. 711 or Title IV-E prevention services;

(iii) the medicaid section 1115 waiver 0148.R07.00 for Montana residents who are elderly or physically disabled; and

(iv) the medicaid section 1115 waiver 0208.R07.00 to provide home and community-based services for individuals with developmental disabilities; and

(c) to fund services for infants and toddlers with disabilities provided for in 34 CFR 303.13 and through the department of public health and human services' family education support program.

(3) The unexpended balance of an appropriation from the account must remain in the account and may be used only for the purposes stated in subsection (2).

(4) The special revenue account does not affect and is not exclusive of any other sources of funding for the programs described in 53-4-1104 (2), including the special revenue account provided for in 53-4-1012 .

(5) If the department determines that there is insufficient funding for the purposes of subsection (2), it may reduce eligibility requirements for participants in the children's health insurance program as provided in 53-4-1004 (4).
Mont. Code Ann. § 53-1-203 — MT Code / Title 53 / Chapter 1 / Part 2 / Section 53-1-203
53-1-203 Powers and duties of department of corrections
Status: in_force

53-1-203 . Powers and duties of department of corrections. (1) The department of corrections shall:

(a) subject to subsection (6), adopt rules necessary:

(i) for the siting, establishment, and expansion of prerelease centers;

(ii) for the expansion of treatment facilities or programs previously established by contract through a competitive procurement process;

(iii) for the establishment and maintenance of residential methamphetamine treatment programs; and

(iv) for the admission, custody, transfer, and release of persons in department programs and state prisons, as defined in 53-30-101 , except as otherwise provided by law;

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

(c) contract with private, nonprofit Montana corporations or, pursuant to the Montana Community Corrections Act, with community corrections facilities or programs or local or tribal governments to establish and maintain:

(i) prerelease and treatment centers for purposes of preparing inmates of a Montana prison who are within 14 months of parole eligibility or discharge for release into the community, providing an alternative placement for offenders who have violated parole or probation, and providing a sentencing option for felony offenders pursuant to 46-18-201 . The centers shall provide a less restrictive environment than the prison while maintaining adequate security. The centers must be operated in coordination with other department correctional programs. This subsection does not affect the department's authority to operate and maintain prerelease or treatment centers.

(ii) residential methamphetamine treatment programs for the purpose of alternative sentencing as provided for in 46-18-201 or 46-18-202 and any other sections relating to alternative sentences for persons convicted of possession of methamphetamine. The department shall issue a request for proposals using a competitive process and shall follow the applicable contract and procurement procedures in Title 18.

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

(e) propose programs to the legislature to meet the projected long-range needs of corrections, including programs and facilities for the custody, supervision, treatment, parole, and skill development of persons placed in correctional facilities or programs;

(f) encourage the establishment of programs at the local and state level for the rehabilitation and education of felony offenders;

(g) encourage efforts within the department and at the local level that would develop housing options and resource materials related to housing for individuals who are released from the Montana state prison or community corrections programs;

(h) maintain data on the number of individuals who are discharged from the adult correction services listed in 53-1-202 into a homeless shelter or a homeless situation;

(i) administer all state and federal funds allocated to the department for delinquent youth, as defined in 41-5-103 ;

(j) collect and disseminate information relating to youth who are committed to the department for placement in a correctional facility as defined in 41-5-103 ;

(k) maintain adequate data on placements that it funds in order to keep the legislature properly informed of the specific information, by category, related to delinquent youth in out-of-home care facilities;

(l) provide funding for youth who are committed to the department for placement in a correctional facility as defined in 41-5-103 ;

(m) administer correctional facilities as defined in 41-5-103 ; and

(n) use to maximum efficiency the resources of state government in a coordinated effort to:

(i) provide for delinquent youth committed to the department; and

(ii) coordinate and apply the principles of modern correctional administration to the facilities and programs administered by the department.

(2) The department may contract with private, nonprofit or for-profit Montana corporations to establish and maintain a residential sexual offender treatment program. If the department intends to contract for that purpose, the department shall adopt rules for the establishment and maintenance of that program.

(3) The department and a private, nonprofit or for-profit Montana corporation may not enter into a contract under subsection (1)(c) or (2) for a period that exceeds 20 years. The provisions of 18-4-313 that limit the term of a contract do not apply to a contract authorized by subsection (1)(c) or (2). Prior to entering into a contract for a period of 20 years, the department shall submit the proposed contract to the legislative audit committee. The legislative audit division shall review the contract and make recommendations or comments to the legislative audit committee. The committee may make recommendations or comments to the department. The department shall respond to the committee, accepting or rejecting the committee recommendations or comments prior to entering into the contract.

(4) The department of corrections may enter into contracts with nonprofit corporations or associations or private organizations to provide substitute care for delinquent youth in correctional facilities.

(5) The department may contract with Montana corporations to operate a day reporting program as an alternate sentencing option as provided in 46-18-201 and 46-18-225 and as a sanction option under 46-23-1015 . The department shall adopt by rule the requirements for a day reporting program, including but not limited to requirements for daily check-in, participation in programs to develop life skills, and the monitoring of compliance with any conditions of probation, such as drug testing.

(6) Rules adopted by the department pursuant to subsection (1)(a) may not amend or alter the statutory powers and duties of the state board of pardons and parole. The rules for the siting, establishment, and expansion of prerelease centers must state that the siting is subject to any existing conditions, covenants, restrictions of record, and zoning regulations. The rules must provide that a prerelease center may not be sited at any location without community support. The prerelease siting, establishment, and expansion must be subject to, and the rules must include, a reasonable mechanism for a determination of community support for or objection to the siting of a prerelease center in the area determined to be impacted. The prerelease siting, establishment, and expansion rules must provide for a public hearing conducted pursuant to Title 2, chapter 3.

(7) The department shall ensure that risk and needs assessments drive the department's supervision and correctional practices, including integrating assessment results into supervision contact standards and case management. The department shall regularly validate its risk assessment tool.
Mont. Code Ann. § 53-24-211 — MT Code / Title 53 / Chapter 24 / Part 2 / Section 53-24-211
53-24-211 County plan to be submitted to department
Status: in_force

53-24-211 . County plan to be submitted to department. (1) Every 4 years each county shall submit to the department a comprehensive countywide plan for the treatment, rehabilitation, and prevention of chemical dependency. Each county shall also submit annual plan updates that include, at a minimum, allocation to approved programs of revenues generated by taxation on alcoholic beverages.

(2) The plan must have been approved by the board of county commissioners and must contain information regarding existing private and public chemical dependency programs within the county. The plan must also contain information regarding the current and future needs of the county for the treatment, rehabilitation, and prevention of chemical dependency.

(3) The department shall approve or disapprove the countywide plan and annual updates. If the department disapproves a plan or update, the county may submit another plan or update to the department. In distributing funds to approved programs in a county, the department shall give consideration to the county plan.

(4) The department may adopt rules regarding the submission, submission dates, updates, approval, and disapproval of plans and the use of plans by the department in determining the needs of the county for the treatment, rehabilitation, and prevention of chemical dependency. No money may be distributed to a county by the department for the treatment, rehabilitation, and prevention of chemical dependency if the county does not comply with these rules.
Mont. Code Ann. § 53-21-1401 — MT Code / Title 53 / Chapter 21 / Part 14 / Section 53-21-1401
53-21-1401 Definitions
Status: in_force

53-21-1401 . Definitions. As used in this part, the following definitions apply:

(1) "Adult" means an individual who is 18 years of age or older.

(2) "Crisis" means a serious, unexpected situation resulting from an individual's apparent mental illness in which the individual's symptoms are of sufficient severity, as determined by a mental health practitioner, to require immediate care to avoid:

(a) jeopardy to the life or health of the individual; or

(b) death or bodily harm to the individual or to others.

(3) "Crisis stabilization" means development and implementation of a short-term intervention to respond to a crisis in order to:

(a) reduce the severity of an individual's symptoms of mental illness; and

(b) attempt to prevent the individual from receiving services in a more restrictive environment.

(4) "Crisis stabilization services" or "services" means the services allowed under 53-21-1403 .

(5) "Presumptive eligibility" means a period of up to 72 hours after an individual is found to be in crisis and during which the individual is presumed to be eligible for crisis stabilization services that will be reimbursed by the department.
Mont. Code Ann. § 53-30-302 — MT Code / Title 53 / Chapter 30 / Part 3 / Section 53-30-302
53-30-302 Purpose
Status: in_force

53-30-302 . Purpose. It is the purpose of this part to:

(1) encourage the development of community corrections facilities and programs by units of local government, tribal governments, and nongovernmental agencies;

(2) reduce court commitments to the state prisons through diversion of offenders determined appropriate by the community corrections board to community corrections facilities and programs;

(3) reduce the use of jail space for offenders who need a structured environment, treatment, counseling, and supervision but who may not require incarceration;

(4) provide a local facility for employed offenders so that they may maintain their employment under a structured environment and receive treatment, counseling, and supervision;

(5) provide a procedure by which units of local government, tribal governments, and nongovernmental agencies may provide corrections services to the sentencing courts; and

(6) include citizen participation in the policymaking and program planning related to community corrections facilities and programs through the formation of local community corrections boards.
Mont. Code Ann. § 53-22-106 — MT Code / Title 53 / Chapter 22 / Part 1 / Section 53-22-106
53-22-106 Authenticated copies
Status: in_force

53-22-106 . Authenticated copies. Duly authenticated copies of the compact shall, upon its approval, be transmitted by the secretary of state to the governor of each state, the attorney general, and the secretary of state of the United States and the Council of State Governments.
Mont. Code Ann. § 53-4-213 — MT Code / Title 53 / Chapter 4 / Part 2 / Section 53-4-213
53-4-213 Department rules binding
Status: in_force

53-4-213 . Department rules binding. All rules of the department made under this part are binding upon the local offices of public assistance.
Mont. Code Ann. § 53-6-130 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-130
53-6-130 Medicaid community assister portal
Status: in_force

53-6-130 . Medicaid community assister portal. (1) By May 1, 2026, the department shall establish an online portal that allows a community assister to help an applicant or enrollee who seeks assistance from that community assister to apply for medicaid coverage and to submit required documents.

(2) The online portal must allow a community assister to:

(a) review the status of a medicaid application or redetermination;

(b) view notices from the department to the applicant or enrollee;

(c) report a change in an applicant or enrollee's eligibility status;

(d) view actions required by the applicant or enrollee; and

(e) update the applicant or enrollee's contact information.

(3) The online portal may allow a community assister to:

(a) submit an application for initial coverage or redetermination on behalf of the applicant or enrollee; or

(b) upload verification documents for the applicant or enrollee.

(4) The online portal must allow a medicaid applicant or enrollee to designate one or more community assisters to help the applicant or enrollee with the activities prescribed under subsection (2) and allowed under subsection (3).

(5) For the purposes of this section, "community assister" means a person or organization who helps individuals apply for health coverage under the Montana medicaid program established in 53-6-101 .
Mont. Code Ann. § 53-20-101 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-101
53-20-101 Purpose
Status: in_force

53-20-101 . Purpose. The purpose of this part is to:

(1) secure for each person who may be a person with developmental disabilities such treatment and habilitation as will be suited to the needs of the person and to assure that such treatment and habilitation are skillfully and humanely administered with full respect for the person's dignity and personal integrity;

(2) accomplish this goal whenever possible in a community-based setting;

(3) accomplish this goal in an institutionalized setting only when less restrictive alternatives are unavailable or inadequate and only when a person is so severely disabled as to require institutionalized care; and

(4) assure that due process of law is accorded any person coming under the provisions of this part.
Mont. Code Ann. § 53-21-112 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-112
53-21-112 Voluntary admission of minors
Status: in_force

53-21-112 . Voluntary admission of minors. (1) Notwithstanding any other provision of law, a parent or guardian of a minor may consent to mental health services to be rendered to the minor by:

(a) a facility;

(b) a person licensed in this state to practice medicine; or

(c) a mental health professional licensed in this state.

(2) A minor who is at least 16 years of age may, without the consent of a parent or guardian, consent to receive mental health services from those facilities or persons listed in subsection (1).

(3) Except as provided by this section, the provisions of 53-21-111 apply to the voluntary admission of a minor to a mental health facility but not to the state hospital.

(4) Except as provided by this subsection, voluntary admission of a minor to a mental health facility for an inpatient course of treatment is for the same period of time as that for an adult. A minor voluntarily admitted with consent of the minor's parent or guardian has the right to be released within 5 days of a request by the parent or guardian as provided in 53-21-111 (3). A minor who has been admitted without consent by a parent or guardian, pursuant to subsection (2), may also make a request and also has the right to be released within 5 days as provided in 53-21-111 (3). Unless there has been a periodic review and a voluntary readmission consented to by the parent or guardian in the case of a minor patient or consented to by the minor alone in the case of a minor patient who is at least 16 years of age, voluntary admission terminates at the expiration of 1 year. At the minor's request or at any time that the minor is faced with potential legal proceedings, the court shall order the office of state public defender, provided for in 2-15-1029 , to assign counsel for the minor.
Mont. Code Ann. § 53-2-602 — MT Code / Title 53 / Chapter 2 / Part 6 / Section 53-2-602
53-2-602 Grants based on need
Status: in_force

53-2-602 . Grants based on need. The department shall determine grants and changes in grants, based on the needs of each applicant, after an eligibility determination is made in accordance with the rules and standards of assistance prescribed by the department.
Mont. Code Ann. § 53-6-1602 — MT Code / Title 53 / Chapter 6 / Part 16 / Section 53-6-1602
53-6-1602 Reporting services
Status: in_force

53-6-1602 . Reporting services. (1) The department of public health and human services shall include the following services in its cost reporting process:

(a) adult mental health;

(b) children's mental health;

(c) substance use disorder;

(d) developmental disabilities; and

(e) senior and long-term care.

(2) Services included in the cost report must be funded in one of the following ways:

(a) as a medicaid state plan service;

(b) through a medicaid state plan option available to the state under 42 U.S.C. 1396n(k);

(c) under any type of medicaid waiver program;

(d) state-funded services; or

(e) other identified funding sources that support services in subsection (1).
Mont. Code Ann. § 53-21-405 — MT Code / Title 53 / Chapter 21 / Part 4 / Section 53-21-405
53-21-405 Terminated
Status: in_force

53-21-405 . Terminated. Sec. 13, Ch. 777, L. 2023.
Mont. Code Ann. § 53-20-140 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-140
53-20-140 Amendment to commitment order or treatment plan -- emergency amendment
Status: in_force

53-20-140 . Amendment to commitment order or treatment plan -- emergency amendment. (1) A community treatment plan ordered pursuant to 53-20-125 or 53-20-128 may be amended with the consensus of the respondent's individual treatment planning team, including the respondent, without further order of the court. The amended plan must meet the conditions set forth in 53-20-133 (4).

(2) An order of commitment to a residential facility may be amended to an order imposing a community treatment plan with the consensus of the respondent's individual treatment planning team, including the respondent, and the court shall issue an order imposing the agreed-upon community treatment plan. The community treatment plan must meet the conditions set forth in 53-20-133 (4).

(3) Any party may request amendment of a commitment ordered or a community treatment plan imposed under 53-20-125 or 53-20-128 by bringing the matter to the attention of the respondent's individual treatment planning team. If consensus is not reached, any party may request a hearing on a proposed amendment. The court shall request an evaluation of any proposed amendment by the residential facility screening team prior to the hearing.

(4) After a hearing or upon the agreement of the parties on an amendment of a commitment or an order imposing a community treatment plan, the court may make any order which is authorized in 53-20-125 , including:

(a) adding, removing, or modifying conditions of a community treatment plan;

(b) substituting commitment to a residential facility for a community treatment plan; or

(c) substituting imposition of a community treatment plan for commitment to a residential facility.

(5) Any community treatment plan imposed as a result of a request for amendment must meet the conditions set forth in 53-20-133 (4). The court may not impose a community treatment plan unless the residential facility screening team certifies that all services in the proposed plan meet the conditions of 53-20-133 (4)(c) and (4)(d).

(6) If the court finds probable cause to believe that the respondent or others are in imminent risk of death or serious bodily injury, as defined in 45-2-101 , the court may order a temporary amendment to a community treatment plan, for a period of up to 7 calendar days, without notice to the respondent. A hearing must be scheduled within the 7-day period of the temporary amendment. Any temporarily amended community treatment plan must meet the conditions set forth in 53-20-133 (4). The court may not amend a community treatment plan for an extended period unless the residential facility screening team certifies that all services in the proposed amended plan meet the conditions of 53-20-133 (4)(c) and (4)(d). The court may not order emergency commitment to a residential facility except through the process set forth in 53-20-129 .
Mont. Code Ann. § 53-6-122 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-122
53-6-122 Telehealth services -- requirements -- limitations
Status: in_force

53-6-122 . Telehealth services -- requirements -- limitations. (1) Providers enrolled in the medicaid program may provide medically necessary services by means of telehealth if the service:

(a) is clinically appropriate for delivery by telehealth as specified by the department by rule or policy;

(b) comports with the guidelines of the applicable medicaid provider manual; and

(c) is not specifically required in the applicable provider manual to be provided in a face-to-face manner.

(2) A provider shall:

(a) ensure an enrollee receiving telehealth services has the same rights to confidentiality and security as provided for traditional office visits;

(b) follow consent and patient information protocols consistent with the protocols followed for in-person visits; and

(c) comply with recordkeeping requirements established by the department by rule.

(3) Telehealth services:

(a) may be provided using secure portal messaging, secure instant messaging, telephone communication, or audiovisual communication;

(b) may not be provided in a setting or manner not otherwise authorized by law; and

(c) must be reimbursed at the same rate of payment as services delivered in person.

(4) An enrollee's residence is not reimbursable as an enrolled originating site provider.

(5) The department shall adopt rules for the provision of telehealth services, including but not limited to:

(a) billing procedures for enrolled providers;

(b) the services considered clinically appropriate for telehealth purposes;

(c) recordkeeping requirements for providers, including originating site providers; and

(d) other requirements for originating site providers, including allowable provider types, reimbursement rates, and requirements for the secure technology to be used at originating sites.

(6) Nothing in this section may be construed as altering the scope of practice of any enrolled provider delivering services by means of telehealth.
Mont. Code Ann. § 53-30-153 — MT Code / Title 53 / Chapter 30 / Part 1 / Section 53-30-153
53-30-153 Telephone account requirements for state prisons -- protected accounts -- disclosure required -- rulemaking -- definitions
Status: in_force

53-30-153 . Telephone account requirements for state prisons -- protected accounts -- disclosure required -- rulemaking -- definitions. (1) A state prison that contracts with a telecommunications service provider to provide telecommunications services for inmates shall contract with a telecommunications service provider to provide communications services for inmates that:

(a) provides public safety precautions required by the department of corrections;

(b) prohibits expiration of prepaid minutes or charges;

(c) does not charge additional usage or dormancy fees;

(d) does not charge excessive intrastate fees that are greater than 10 cents a minute;

(e) does not include ancillary service fees, including prepaid telephone cards, collect calls, and single pay calls that total more than 3% of the base charge; and

(f) allows rollover of unused, prepaid minutes into the next month unless the inmate for whom the account was set up is no longer able to use the telephone account, whether for disciplinary reasons or other reasons specified by department rule. No refund is required for unexpired minutes subject to this subsection (1)(f).

(2) Every contract entered into by a state prison for communications services under subsection (1) must require the telecommunications service provider to notify the purchaser of a prepaid telephone account of any fees or refunds that are available for unused minutes on a prepaid telephone card and mail the refund to the purchaser's address of record.

(3) The department of corrections has rulemaking authority to implement this section and shall notify the public service commission of the allowable rate that a telecommunications service provider may charge for intrastate calls under contract with the department of corrections.

(4) For purposes of this section, the following definitions apply:

(a) "Prepaid telephone account" means a system, whether purchased as a calling card or set up as an account with a telecommunications service provider, to provide telephonic connections in which the purchaser pays for minutes prior to use. The term does not include a lifeline account, defined under 47 CFR 54.401, for which a telecommunications carrier receives universal service support.

(b) "State prison" has the meaning provided in 53-30-101 (3)(c)(i) through (3)(c)(iii) and (3)(c)(v).

(c) "Telecommunications service provider" has the meaning provided for "operator service provider" in 69-3-1102 .
Mont. Code Ann. § 53-20-172 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-172
53-20-172 Dual eligibility for services
Status: in_force

53-20-172 . Dual eligibility for services. An individual with developmental disabilities who is eligible for services pursuant to this chapter may also apply for and, if qualified, receive medicaid services pursuant to law governing the Montana medicaid program.
Mont. Code Ann. § 53-21-1207 — MT Code / Title 53 / Chapter 21 / Part 12 / Section 53-21-1207
53-21-1207 Mental health services special revenue account
Status: in_force

53-21-1207 . Mental health services special revenue account. (1) There is a mental health services special revenue account within the state special revenue fund established in 17-2-102 .

(2) The account consists of:

(a) money transferred into the account; and

(b) money appropriated by the legislature.

(3) Money in the account must be used by the department to pay for services provided by behavioral health peer support specialists pursuant to 53-6-101 .
Mont. Code Ann. § 53-6-1605 — MT Code / Title 53 / Chapter 6 / Part 16 / Section 53-6-1605
53-6-1605 Rulemaking
Status: in_force

53-6-1605 . Rulemaking. The department of public health and human services may adopt rules to carry out the cost reporting provisions of 53-6-1602 through 53-6-1604 , including rules on:

(1) the costs a medicaid service provider must report to the department;

(2) the report format; and

(3) the deadline for the department to file the report.
Mont. Code Ann. § 53-30-607 — MT Code / Title 53 / Chapter 30 / Part 6 / Section 53-30-607
53-30-607 Licensure limitations -- siting of private correctional facilities
Status: in_force

53-30-607 . Licensure limitations -- siting of private correctional facilities. (1) The department may not grant a license to a private correctional facility located within 1 mile of a public or nonpublic school, not including a home school. However, if a public or nonpublic school is established after a facility has been approved, the department may not prevent the private correctional facility from operating because of this subsection (1).

(2) The department may not grant a license to a private correctional facility unless there has been a public hearing in the county in which the private correctional facility is to be located and unless the county commissioners approve the location of the private correctional facility by a majority vote. If the proposed facility is to be located within the limits of a municipality, the department may not grant a license to a private correctional facility unless there has been a public hearing in the municipality and the local governing body approves the location of the private correctional facility by a majority vote.

(3) If the siting of a private correctional facility is proposed within 7 1/2 miles of an adjacent county or if the department determines that there are reasonable expectations that the siting may have a significant impact on an adjacent county, the department may not grant a license to a private correctional facility unless there has been a public hearing in the adjacent county and unless the concerns of the adjacent county have been considered.
Mont. Code Ann. § 53-21-187 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-187
53-21-187 Clothing for patients discharged or conditionally released
Status: in_force

53-21-187 . Clothing for patients discharged or conditionally released. A patient may not be discharged or conditionally released from a mental health facility without suitable clothing adapted to the season in which the patient is discharged.
Mont. Code Ann. § 53-6-196 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-196
53-6-196 Performance-based rulemaking -- privacy exemption
Status: in_force

53-6-196 . Performance-based rulemaking -- privacy exemption. (1) Except for rules implementing rate increases or implementing federal law or regulation, the notice of a proposed rule concerning the delivery of medicaid services by the department must include, in addition to the other requirements under this chapter:

(a) a determination of whether the principal reasons and rationale for the rule can be assessed by performance-based measures and, if such an assessment can be made, the method the department will use to measure whether or not the principal reasons and the rationale for the intended action of the rule, as provided by 2-4-305 (6)(b), are successfully achieved, including any data collection methods or metrics if applicable; and

(b) the period over which the intended outcomes will be measured, including any measurement intervals, if applicable.

(2) (a) No later than 1 year after the effective date of the rule subject to subsection (1), the department shall prepare a concise statement of findings evaluating whether, using the data collection or metric identified in the rule proposal, the data collected after the rule's effective date indicated that the rule successfully achieved its intended outcomes. The department shall post the statement of findings on its website.

(b) The department is not under an obligation to report on any other variables that may have impacted the results of the data collection methods or metrics.

(3) The department is exempted from the reporting requirements of subsection (2)(a) to the extent that the requirements would require the publication of confidential information.

(4) The department may only use existing resources to fulfill the mandates of this section.
Mont. Code Ann. § 53-7-401 — MT Code / Title 53 / Chapter 7 / Part 4 / Section 53-7-401
53-7-401 Adjustment to blindness program -- purpose
Status: in_force

53-7-401 . Adjustment to blindness program -- purpose. There is an adjustment to blindness program established within the department. The purpose of the program is to help consumers under age 55 who have severe visual impairments to achieve independent living goals.
Mont. Code Ann. § 53-1-402 — MT Code / Title 53 / Chapter 1 / Part 4 / Section 53-1-402
53-1-402 Residents and financially responsible persons liable for cost of care
Status: in_force

53-1-402 . Residents and financially responsible persons liable for cost of care. (1) A resident and a financially responsible person are liable to the department for the resident's cost of care as provided in this part. The cost of care includes the applicable per diem and ancillary charges or all-inclusive rate charges for the care of residents in the following institutions:

(a) Montana state hospital;

(b) Montana developmental center;

(c) Montana veterans' home;

(d) eastern Montana veterans' home;

(e) southwestern Montana veterans' home;

(f) Montana mental health nursing care center; and

(g) Montana chemical dependency treatment center.

(2) The eastern Montana veterans' home and the southwestern Montana veterans' home may assess charges on either a per diem and ancillary charge basis or an all-inclusive rate basis if the department contracts with a private vendor to operate the facility as provided for in 10-2-416 .

(3) The Montana state hospital and the Montana mental health nursing care center may determine the cost of care using an all-inclusive rate or per diem and ancillary charges if the department contracts with a private entity to operate a mental health managed care program.
Mont. Code Ann. § 53-7-102 — MT Code / Title 53 / Chapter 7 / Part 1 / Section 53-7-102
53-7-102 Powers and duties of department
Status: in_force

53-7-102 . Powers and duties of department. The department:

(1) shall adopt rules necessary for the administration of this part. Rules adopted may include but are not limited to the provision of services, individual service plans, eligibility for services, application, service goals and design, quality of services, provider relationships, program standards, program staffing, staff training, provider accounting procedures, confidential information, recipient grievance procedures, hearings, and definitions necessary to carry out this part.

(2) may take any other action that it determines necessary or appropriate to carry out the purposes of this part;

(3) may cooperate with other departments and agencies and institutions, both public and private, in providing for vocational rehabilitation of persons with disabilities, in studying the problems involved in vocational rehabilitation, and in establishing, developing, and providing programs, facilities, and services;

(4) may conduct research and compile statistics relating to the vocational rehabilitation of persons with disabilities; and

(5) may accept and use gifts to carry out this part.
Mont. Code Ann. § 53-9-124 — MT Code / Title 53 / Chapter 9 / Part 1 / Section 53-9-124
53-9-124 Enforcement of office's orders -- improper assertion of privilege
Status: in_force

53-9-124 . Enforcement of office's orders -- improper assertion of privilege. If a person refuses to comply with an order of the office or asserts a privilege to withhold or suppress evidence relevant to a claim, except privileges arising from the attorney-client relationship, the office may make any just order, including denial of the claim.
Mont. Code Ann. § 53-30-501 — MT Code / Title 53 / Chapter 30 / Part 5 / Section 53-30-501
53-30-501 Short title
Status: in_force

53-30-501 . Short title. This part may be known and cited as the "Regional Correctional Facility Act".
Mont. Code Ann. § 53-9-129 — MT Code / Title 53 / Chapter 9 / Part 1 / Section 53-9-129
53-9-129 Award not subject to execution, attachment, garnishment, or assignment -- exception
Status: in_force

53-9-129 . Award not subject to execution, attachment, garnishment, or assignment -- exception. (1) An award is not subject to execution, attachment, garnishment, or other process, except an execution, attachment, or garnishment of a right to compensation for work loss to secure payment of maintenance or child support.

(2) An assignment or agreement to assign a right to compensation in the future is unenforceable except:

(a) an assignment of a right to compensation for work loss to secure payment of maintenance or child support; or

(b) an assignment of a right to compensation to the extent that the benefits are for the cost of products, services, or accommodations necessitated by the injury or death on which the claim is based and are provided or to be provided by the assignee.
Mont. Code Ann. § 53-9-112 — MT Code / Title 53 / Chapter 9 / Part 1 / Section 53-9-112
53-9-112 Sale of confidential criminal justice information prohibited -- penalty
Status: in_force

53-9-112 . Sale of confidential criminal justice information prohibited -- penalty. (1) An individual convicted of a qualifying crime may not sell or exchange confidential criminal justice information, as defined in 44-5-103 .

(2) The office shall require that any funds obtained in violation of subsection (1) be deposited into the escrow fund, provided for in 53-9-104 , for the benefit of a victim of a qualifying crime, to be held as provided in 53-9-104 .
Mont. Code Ann. § 53-6-187 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-187
53-6-187 Time for filing of application
Status: in_force

53-6-187 . Time for filing of application. Except as provided in 53-6-181 , the department may not file an application for issuance of a writ of execution to recover upon a lien imposed under 53-6-171 through 53-6-188 more than 3 years after the latest of:

(1) a sale, transfer, or exchange of any right, title, or interest of the recipient in the property;

(2) the death of the recipient; or

(3) the death of the recipient's surviving spouse.
Mont. Code Ann. § 53-6-1401 — MT Code / Title 53 / Chapter 6 / Part 14 / Section 53-6-1401
53-6-1401 Definitions
Status: in_force

53-6-1401 . Definitions. As used in this part, unless expressly provided otherwise, the following definitions apply:

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

(2) "Auditor" means an individual or an entity, its agents, subcontractors, and employees that have contracted with the department to perform overpayment audits with respect to the medicaid program. The term includes a recovery audit contractor.

(3) "Automated review" means a claim review that is made at the system level without a human being reviewing the medical record.

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

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

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

(7) "Extrapolation" means the determination of an unknown value by projecting the results of a review of a sample to the universe from which the sample was drawn.

(8) "Followup audit" means a followup overpayment audit of additional claims data or provider records or both for a particular service code reviewed in an initial overpayment audit after an initial audit has demonstrated a significant error rate with respect to the code to determine whether the provider has complied with applicable medicaid rules, regulations, policies, and agreements.

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

(10) "High-risk provider" means a provider who within the previous 6 years and 3 months:

(a) has either admitted to medicaid fraud or abuse in a written agreement with a governmental agency or has been determined by a final order or judgment of a governmental agency or court to have committed medicaid fraud or abuse; or

(b) has a documented history of a significant error rate that has been sustained over a period of at least 2 years and that multiple documented educational interventions have failed to correct.

(11) "Initial audit" means an initial overpayment audit to examine claims data and provider records or both to determine whether the provider has complied with applicable medicaid rules, regulations, policies, and agreements.

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

(13) (a) "Overpayment audit" means a review or audit by the department or an auditor of claims data, medical claims, or other documents in which a purpose or potential result of the review or audit is an overpayment determination. The term includes an initial audit and a followup audit.

(b) The term does not include a review or audit by the medicaid fraud control unit.

(14) "Overpayment determination" means a determination by the department or an auditor that forms the basis for or results in the department:

(a) partially or completely reducing a medicaid payment to a provider for a claim;

(b) demanding that the provider repay all or a part of a payment for a claim; or

(c) using or applying any other method to recoup, recover, or collect from a provider all or part of a payment for a claim.

(15) "Peer" means a health care provider who is employed by or under contract with the department or an auditor and who:

(a) has substantially the same education and training, provides or has provided substantially the same range of health care services, and has the same license to practice as the provider who is the subject of an overpayment audit; or

(b) is an expert in the medical, dental, mental health, behavioral health, or other health care provider decisionmaking that is at issue in the overpayment audit.

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

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

(i) pertaining to the provision of treatment, care, services, or items to an individual receiving services under the medicaid program;

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

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

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

(18) "Recovery audit contractor" means a medicaid recovery audit contractor selected by the department to perform audits for the purpose of ensuring medicaid program integrity in accordance with 42 CFR, part 455.

(19) "Significant error rate" means previous billing errors greater than 5% of the total lines reviewed.
Mont. Code Ann. § 53-6-156 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-156
53-6-156 Medicaid fraud control unit
Status: in_force

53-6-156 . Medicaid fraud control unit. (1) There is a medicaid fraud control unit in the department of justice. The unit is under the supervision and control of the attorney general and, subject to the availability of appropriated funds, consists of the agents and employees of the department of justice whom the attorney general considers necessary and appropriate, including but not limited to:

(a) persons qualified by education, training, experience, and high professional competence in criminal and civil investigative procedures;

(b) at least one person licensed to practice law in Montana and qualified by education, training, experience, and high professional competence to prosecute crimes; and

(c) auditors and other additional professional and support staff.

(2) The medicaid fraud control unit is a criminal justice agency within the meaning of 44-5-103 . Agents designated by the attorney general have peace officer status and authority, including but not limited to search, seizure, and arrest.
Mont. Code Ann. § 53-2-607 — MT Code / Title 53 / Chapter 2 / Part 6 / Section 53-2-607
53-2-607 Assistance not assignable or subject to legal process -- exceptions
Status: in_force

53-2-607 . Assistance not assignable or subject to legal process -- exceptions. (1) Except as otherwise provided in this title, assistance granted to a needy person under this title is not transferable or assignable at law or in equity and none of the money paid or payable under this title is subject to execution, levy, attachment, garnishment, or other legal process or to the operation of any bankruptcy or insolvency law.

(2) Money paid or payable under this title to a person or entity who is not a needy person but who receives the money for providing goods or services to a needy person is subject to execution, levy, attachment, garnishment, or other legal process.
Mont. Code Ann. § 53-21-132 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-132
53-21-132 Cost of examination and commitment
Status: in_force

53-21-132 . Cost of examination and commitment. (1) The cost of psychiatric precommitment examination, detention, treatment, and taking a person who is suffering from a mental disorder and who requires commitment to a mental health facility must be paid pursuant to subsection (2)(a). The sheriff must be allowed the actual expenses incurred in taking a committed person to the facility, as provided by 7-32-2144 .

(2) (a) The costs of precommitment psychiatric detention, precommitment psychiatric examination, and precommitment psychiatric treatment of the respondent and any cost associated with testimony during an involuntary commitment proceeding by a professional person acting pursuant to 53-21-123 must be billed to the following entities in the listed order of priority:

(i) the respondent, the parent or guardian of a respondent who is a minor, or the respondent's private insurance carrier, if any;

(ii) a public assistance program, such as medicaid, for a qualifying respondent; or

(iii) the county of residence of the respondent in an amount not to exceed the amount paid for the service by a public assistance program.

(b) The county of residence is not required to pay costs of treatment and custody of the respondent after the respondent is committed pursuant to this part. Precommitment costs related to the use of electronic audio-video communication in the county of commitment must be paid by the county in which the person resides at the time that the person is committed. The costs of the use of electronic audio-video communication from the state hospital for a patient who is under a voluntary or involuntary commitment to the state hospital must be paid by the state. The fact that a person is examined, hospitalized, or receives medical, psychological, or other mental health treatment pursuant to this part does not relieve a third party from a contractual obligation to pay for the cost of the examination, hospitalization, or treatment.

(3) The adult respondent or the parent or guardian of a minor shall pay the cost of treatment and custody ordered pursuant to 53-21-127 , except to the extent that the adult or minor is eligible for public mental health program funds.

(4) A community service provider that is a private, nonpublic provider may not be required to treat or treat without compensation a person who has been committed.
Mont. Code Ann. § 53-6-159 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-159
53-6-159 Permitted disclosure of information obtained in medicaid fraud control unit investigations
Status: in_force

53-6-159 . Permitted disclosure of information obtained in medicaid fraud control unit investigations. Records, documents, and other information obtained in the course of an investigation by the medicaid fraud control unit or its agents, employees, or attorneys may be disclosed:

(1) in accordance with the Montana Criminal Justice Information Act of 1979, as provided in Title 44, chapter 5; and

(2) to a medicaid agency for purposes related to administration of the medicaid program.
Mont. Code Ann. § 53-6-904 — MT Code / Title 53 / Chapter 6 / Part 9 / Section 53-6-904
53-6-904 Terminated
Status: in_force

53-6-904 . Terminated. Sec. 1, Ch. 28, L. 1999.
Mont. Code Ann. § 53-21-1106 — MT Code / Title 53 / Chapter 21 / Part 11 / Section 53-21-1106
53-21-1106 Terminated
Status: in_force

53-21-1106 . Terminated. Sec. 16, Ch. 353, L. 2013.
Mont. Code Ann. § 53-7-402 — MT Code / Title 53 / Chapter 7 / Part 4 / Section 53-7-402
53-7-402 Definitions
Status: in_force

53-7-402 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Consumer" means a person with a severe visual impairment who the department has determined is eligible for independent living services.

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

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

(4) "Independent living goals" means a consumer's goals to achieve independent living.

(5) "Independent living services" means services and equipment provided by the department to help consumers achieve their independent living goals.

(6) "Severe visual impairment" means a visual disability that, even with correction, remains so severe that it makes daily tasks difficult to perform.
Mont. Code Ann. § 53-1-211 — MT Code / Title 53 / Chapter 1 / Part 2 / Section 53-1-211
53-1-211 Quality assurance unit -- program standards -- evaluation -- cooperation with department of public health and human services -- report
Status: in_force

53-1-211 . Quality assurance unit -- program standards -- evaluation -- cooperation with department of public health and human services -- report. (1) There is a quality assurance unit in the department of corrections.

(2) In addition to duties assigned to it by the department director or otherwise required by law, the unit shall:

(a) adopt an evidence-based program evaluation tool that measures how closely correctional programs meet the known principles of effective intervention. The tool must measure program content and capacity to ensure the delivery of effective interventions for offenders.

(b) conduct evaluations of programs to reduce recidivism that are funded by the state; and

(c) enforce standards to ensure that programs are using best practices for reducing recidivism, including targeting highest-risk individuals, adhering to evidence-based or research-driven practices, and integrating opportunities for ongoing quality assurance and evaluation.

(3) Subject to the availability of funding, the department may contract with an independent contractor or academic institution to complete evaluations.

(4) The unit shall work jointly with the department of public health and human services to develop standards for quality assurance in behavioral health programs or other clinical programs.

(5) The unit shall conduct regular evaluations of programs operated by the department or under a contract with the department.

(6) The department shall:

(a) develop and maintain a list of evidence-based treatment curriculums to be utilized in programs operated by or under contract with the department with priority being placed on adopting treatment curriculums that are in the public domain and evidence-based; and

(b) report the results of all initial and ongoing program evaluations to the law and justice interim committee in accordance with 5-11-210 , including any identified program deficiencies and the department's plan to correct those deficiencies.

(7) After May 19, 2017, the department shall ensure that contracts signed or renewed with providers contain:

(a) minimum program standards that adhere to the evidence-based program evaluation tool adopted as required in subsection (2);

(b) offender eligibility criteria for program entry with the contractor; and

(c) program dosage requirements that conform to evidence-based practices.
Mont. Code Ann. § 53-21-411 — MT Code / Title 53 / Chapter 21 / Part 4 / Section 53-21-411
53-21-411 Location and function of Montana mental health nursing care center
Status: in_force

53-21-411 . Location and function of Montana mental health nursing care center. (1) The institution located at Lewistown is the Montana mental health nursing care center. The primary function of the center is the care and treatment of persons with mental disorders who require nursing care. Priority must be given to patients referred from the Montana state hospital.

(2) Appropriate admissions to the Montana mental health nursing care center are persons who are unable to maintain themselves in their homes or communities due to a mental disorder, as defined in 53-21-102 , but who do not require the intensity of treatment available at the Montana state hospital.

(3) The department of public health and human services may adopt rules concerning specific admission criteria, treatment, and discharge procedures consistent with 53-21-414 and subsections (1) and (2) of this section.
Mont. Code Ann. § 53-19-106 — MT Code / Title 53 / Chapter 19 / Part 1 / Section 53-19-106
53-19-106 Eligibility for services
Status: in_force

53-19-106 . Eligibility for services. (1) The department, in its discretion and in accordance with this part and Title VII of the federal Rehabilitation Act of 1973, 29 U.S.C. 796, et seq., as may be amended, may determine eligibility of persons for services under this part.

(2) To be eligible for services under this part, a person must have a disability of such severity that, to secure and maintain employment or to function independently, the person requires intensive vocational or comprehensive rehabilitation services.

(3) A person with severe disabilities not receiving other vocational and rehabilitation services provided by the department has priority for services provided under this part.
Mont. Code Ann. § 53-6-184 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-184
53-6-184 Effect of sale -- title acquired
Status: in_force

53-6-184 . Effect of sale -- title acquired. The purchaser of property pursuant to a writ of execution issued under 53-6-171 through 53-6-188 acquires the right, title, interest, and claim that the recipient had at the time the lien was imposed, subject only to any right, title, interest, or claim arising from an instrument recorded prior to the department's lien under 53-6-171 and to any unpaid property taxes. The sale is absolute and is not subject to any period of redemption allowed by Title 25, chapter 13, part 8, or other law.
Mont. Code Ann. § 53-6-183 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-183
53-6-183 Issuance of writ of execution by clerk of court
Status: in_force

53-6-183 . Issuance of writ of execution by clerk of court. (1) If the requirements of subsection (2) are met, the clerk of court shall issue a writ of execution specifying the property to be levied upon, the amount due as of the date of filing of the application, and a statement that additional amounts may be due up to and through the date of the sale.

(2) The clerk shall issue the writ if:

(a) (i) an action has not been filed under 53-6-177 within 60 days of mailing, service, or first publication of notice, as provided in 53-6-176 ;

(ii) the department has filed an affidavit meeting the requirements of 53-6-176 (4); and

(iii) the department has filed a sworn application containing the statements required by 53-6-175 ; or

(b) the court has ordered the issuance of the writ in an action under 53-6-177 .
Mont. Code Ann. § 53-2-111 — MT Code / Title 53 / Chapter 2 / Part 1 / Section 53-2-111
53-2-111 Coordination of certain workforce development programs -- requirement for agreement between agencies
Status: in_force

53-2-111 . Coordination of certain workforce development programs -- requirement for agreement between agencies. (1) The department shall enter into agreements with the department of labor and industry concerning the administration and coordination of the following workforce development programs:

(a) the employment and training program provided for in 53-2-903 ;

(b) the cash assistance employment and training program provided for in Title 53, chapter 4;

(c) blind and low-vision services provided for in Title 53, chapter 7, part 3; and

(d) vocational rehabilitation training, including counseling, advocacy, and assistive technology, provided for in Title 53, chapter 7, part 1.

(2) The department shall ensure that agreements entered into under subsection (1) are consistent with the requirements of federal rules and regulations that are applicable to the programs contained in subsections (1)(a) through (1)(d).
Mont. Code Ann. § 53-1-703 — MT Code / Title 53 / Chapter 1 / Part 7 / Section 53-1-703
53-1-703 Definitions
Status: in_force

53-1-703 . Definitions. As used in this part, the following definitions apply:

(1) "Approved 2-1-1 service provider" means a public or nonprofit agency or organization designated by the department to provide 2-1-1 services.

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

(3) "2-1-1" means the abbreviated dialing code assigned by the federal communications commission on July 21, 2000, for consumer access to community information and referral services.

(4) "2-1-1 service area" means an area of the state of Montana identified by the department as an area in which an approved 2-1-1 service provider will provide 2-1-1 services.
Mont. Code Ann. § 53-20-103 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-103
53-20-103 Residential institution to meet standards
Status: in_force

53-20-103 . Residential institution to meet standards. No person shall be admitted to any publicly supported residential institution caring for persons with developmental disabilities unless such institution meets the standards prescribed by this part.
Mont. Code Ann. § 53-7-106 — MT Code / Title 53 / Chapter 7 / Part 1 / Section 53-7-106
53-7-106 Hearings
Status: in_force

53-7-106 . Hearings. A person applying for or receiving vocational rehabilitation services who is aggrieved by any action or inaction of the department is entitled to a fair hearing in accordance with the rules adopted by the department.
Mont. Code Ann. § 53-6-172 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-172
53-6-172 Notice of intent to impose lien -- opportunity for hearing
Status: in_force

53-6-172 . Notice of intent to impose lien -- opportunity for hearing. Before imposing a lien under 53-6-171 , the department shall provide the recipient 30 days' written notice of its determination under 53-6-171 (1)(c), of its intent to impose a lien, and of an opportunity for a hearing pursuant to the department's hearing procedures under Title 2, chapter 4, part 6.
Mont. Code Ann. § 53-20-208 — MT Code / Title 53 / Chapter 20 / Part 2 / Section 53-20-208
53-20-208 Contributions of counties and municipalities
Status: in_force

53-20-208 . Contributions of counties and municipalities. (1) The boards of county commissioners of the several counties and the governing bodies of municipalities of this state may contribute to any developmental disabilities facility approved by the department, without regard to whether the facility is within or outside of their respective jurisdictions. Subject to 15-10-420 , the boards of county commissioners of the counties may levy a tax on the taxable value of all taxable property within the county. The tax is in addition to all other county tax levies. All proceeds of the tax, if levied, must be used for the sole purpose of support of developmental disabilities services.

(2) For the purpose of carrying out the provisions of this section, boards of county commissioners and governing bodies of municipalities may appropriate out of the general fund of their respective counties or municipalities.
Mont. Code Ann. § 53-6-805 — MT Code / Title 53 / Chapter 6 / Part 8 / Section 53-6-805
53-6-805 Department to make rules
Status: in_force

53-6-805 . Department to make rules. The department shall adopt rules necessary for the administration of the partnerships, including but not limited to rules concerning:

(1) the populations and age groups eligible to have resources disregarded for the purposes of qualification for medical assistance benefits under the Montana medicaid program;

(2) the level of care that an individual requires in order to have resources disregarded in determining eligibility for medical assistance benefits;

(3) the amount and type of resources of an individual that will be disregarded in determining eligibility for medical assistance benefits;

(4) requirements for the disregard of resources of an individual in determining eligibility for medical assistance benefits; and

(5) the exemption of protected resources from a lien provided in 53-6-171 through 53-6-189 for the recovery of medical assistance benefits paid by the state.
Mont. Code Ann. § 53-30-132 — MT Code / Title 53 / Chapter 30 / Part 1 / Section 53-30-132
53-30-132 Inmate participation and status in prison work programs -- Montana correctional enterprises prison industries training program -- wages and benefits
Status: in_force

53-30-132 . (Temporary) Inmate participation and status in prison work programs -- Montana correctional enterprises prison industries training program -- wages and benefits. (1) Able-bodied persons committed to a state prison as adult offenders may be required to perform work as provided for by the department of corrections, including work in the Montana correctional enterprises prison industries training program involving the manufacture of products or the rendering of services. In order to ensure the public safety, the department may secure inmates performing work.

(2) The Montana correctional enterprises prison industries training program may:

(a) obtain federal certification, as required by federal law, of specific prison industries programs in order to gain access to interstate markets for prison industries products;

(b) print catalogs describing goods manufactured or produced by prison industries and distribute the catalogs;

(c) fix the sale price for goods produced or manufactured by prison industries. Prices may be set according to market standards and prices for goods or services of comparable quality. The price of products must include the cost of all raw materials and labor used to manufacture or produce the product.

(d) require a correctional facility to purchase needed goods and services from the Montana correctional enterprises program.

(3) The Montana correctional enterprises program may:

(a) pay an inmate from receipts from the sale of products produced or manufactured or services rendered in a program in which the inmate is working;

(b) collect 15% of the gross wages paid to an inmate employed in a federally certified prison industries program to satisfy any unpaid court-ordered obligations, including restitution on previously discharged sentences for which restitution remains owing. If the inmate's court-ordered obligations have been fully paid or no restitution was ordered, the Montana correctional enterprises program shall collect 15% of the gross wages paid to an inmate for transfer quarterly to the crime victims compensation and assistance program in the department of justice for deposit in the account provided for in 53-9-113 .

(c) collect charges for room and board from an inmate employed in a federally certified prison industries program. The Montana correctional enterprises program shall deposit inmates' room and board charges into its enterprise fund to help defray the cost of prison industries training programs.

(4) While engaged in on-the-job training and production, inmates not working in a federally certified prison industries program may be paid a wage in accordance with subsection (5). Inmates employed in a federally certified prison industries program must be paid as provided in subsection (5)(b).

(5) (a) Except as provided in subsection (5)(b), the maximum rate of pay must be determined by the appropriation established for the program, and payment for the performance of work may be based on the following criteria:

(i) knowledge and skill;

(ii) attitude toward authority;

(iii) physical effort;

(iv) responsibility for equipment and materials; and

(v) regard for safety of others.

(b) Inmates employed in a federally certified prison industries program must be paid the federal minimum wage or be paid at a rate not less than the rate paid for similar work in the locality where the inmate performs the work as determined by the federal bureau of justice.

(6) Premiums for workers' compensation and occupational disease coverage for federally certified prison industries programs must be paid by the Montana correctional enterprises prison industries training program or by the department of corrections. If the department of corrections pays the premium, reimbursement for premium payments for workers' compensation and occupational disease coverage must be made to the department of corrections by the private company contracting with the federally certified prison industries program for services and products.

(7) Inmates not working in a federally certified prison industries program are not employees, either public or private, and employment rights accorded other classes of workers do not apply to the inmates. Inmates working in a federally certified prison industries program are entitled to coverage and benefits as provided in 39-71-744 . (Terminates June 30, 2027--secs. 1, 2, 3, Ch. 139, L. 2021.)
Mont. Code Ann. § 53-1-407 — MT Code / Title 53 / Chapter 1 / Part 4 / Section 53-1-407
53-1-407 Appeal of determination of ability to pay
Status: in_force

53-1-407 . Appeal of determination of ability to pay. A resident or financially responsible person aggrieved by a determination of ability to pay under 53-1-405 may request a hearing pursuant to Title 2, chapter 4, part 6.
Mont. Code Ann. § 53-2-208 — MT Code / Title 53 / Chapter 2 / Part 2 / Section 53-2-208
53-2-208 Terminated
Status: in_force

53-2-208 . Terminated. Sec. 10, Ch. 413, L. 2013.
Mont. Code Ann. § 53-2-205 — MT Code / Title 53 / Chapter 2 / Part 2 / Section 53-2-205
53-2-205 Department authorized to establish and collect social services fees
Status: in_force

53-2-205 . Department authorized to establish and collect social services fees. (1) The department is authorized to establish and collect fees for social services furnished which are authorized pursuant to Title XX of the Social Security Act, Public Law 93-647. Such fees shall be based on a schedule determined by the department.

(2) The state share of fees provided by subsection (1) shall be paid to the state treasurer for the credit of the state special revenue fund for the use of the department in providing social services.
Mont. Code Ann. § 53-7-315 — MT Code / Title 53 / Chapter 7 / Part 3 / Section 53-7-315
53-7-315 Rulemaking authority
Status: in_force

53-7-315 . Rulemaking authority. The department shall adopt rules necessary for the administration of this part. Rules adopted may include but are not limited to the provision of services, individual service plans, eligibility for services, application, service goals and design, quality of services, provider relationships, program standards, program staffing, staff training, provider accounting procedures, confidential information, recipient grievance procedures, hearings, and definitions necessary to carry out this part.
Mont. Code Ann. § 53-2-305 — MT Code / Title 53 / Chapter 2 / Part 3 / Section 53-2-305
53-2-305 Local offices of public assistance under supervision of department
Status: in_force

53-2-305 . Local offices of public assistance under supervision of department. (1) Local offices of public assistance are offices of the department under the supervision of the department.

(2) The department shall ensure the participation of the tribal government in the development of a plan for any county that serves an Indian reservation.
Mont. Code Ann. § 53-2-608 — MT Code / Title 53 / Chapter 2 / Part 6 / Section 53-2-608
53-2-608 Method of issuing assistance grants
Status: in_force

53-2-608 . Method of issuing assistance grants. (1) When an individual or household is determined to be eligible for public assistance under this title, the department shall make payments to the individual or household or to a vendor on behalf of the individual or household in the full amount approved. Payment may be made by check or by electronic transfer, which includes but is not limited to direct deposits to an account at a financial institution and electronic benefit transfer cards. All public assistance checks represent cash on demand at full par value to the recipient and vendor.

(2) Whenever the department, acting pursuant to standards established by the department, determines that any otherwise eligible recipient of public assistance has, by reason of any physical or mental condition, an inability to manage funds and that making payments to the recipient would be contrary to the recipient's welfare, the department may, under standards established under the state plan, make the public assistance payment on behalf of the recipient to another person found by the department to be interested in or concerned with the welfare of the recipient.
Mont. Code Ann. § 53-21-402 — MT Code / Title 53 / Chapter 21 / Part 4 / Section 53-21-402
53-21-402 Powers and duties of department of public health and human services
Status: in_force

53-21-402 . Powers and duties of department of public health and human services. The department:

(1) shall contract with nonprofit corporations that demonstrate expertise in and the capability of providing rehabilitative and restorative programs for aged citizens for the operation and management of nursing homes established under this part;

(2) shall ensure that nursing homes established and operated under this part are in compliance with all applicable federal and state regulations;

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

(4) shall provide that first priority for admission to nursing homes established under this part be given to:

(a) Montana state hospital patients who are geriatric; and

(b) people with a primary diagnosis of Alzheimer's disease, other forms of dementia, or traumatic brain injury who:

(i) have been involuntarily committed to the Montana state hospital but no longer need the intensive treatment provided by the hospital; or

(ii) are substantially unable to provide for their basic needs of food, clothing, shelter, health, or safety; and

(5) 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 under this part.
Mont. Code Ann. § 53-6-1404 — MT Code / Title 53 / Chapter 6 / Part 14 / Section 53-6-1404
53-6-1404 Peer review of overpayment findings
Status: in_force

53-6-1404 . Peer review of overpayment findings. (1) (a) A provider's request for an administrative review of an overpayment determination may include a request for peer review of any clinical or professional judgment upon which the overpayment determination relies. A clinical or professional judgment includes but is not limited to any clinical or professional judgment upon which the provider's evaluation, treatment, records, coding, or billing is based.

(b) The provider's peer review request must identify each clinical or professional judgment to be reviewed and include a statement of the provider's opinion regarding the identified clinical or professional judgment.

(2) If a provider requests peer review, the department shall obtain and consider as part of its administrative review a peer review of each clinical or professional judgment upon which the overpayment determination relied. The department shall mail a copy of the peer review to the provider within 10 days of receipt. The department may not issue its administrative review determination or demand or collect repayment of the alleged overpayment until the department has obtained and considered the peer review.

(3) If at any time during an administrative review, appeal, or other legal proceedings regarding an overpayment determination the department relies on a clinical or professional judgment not identified in the initial notice of overpayment determination and for which a peer review was not previously requested, obtained, or considered, the provider may request in writing that peer review be conducted in accordance with this section. The proceedings must be suspended or stayed until the department has obtained, considered, and responded in writing to the peer review.
Mont. Code Ann. § 53-4-1110 — MT Code / Title 53 / Chapter 4 / Part 11 / Section 53-4-1110
53-4-1110 Exemption from resource test
Status: in_force

53-4-1110 . Exemption from resource test. An otherwise applicable eligibility resource test provided for in 53-6-113 (6) and 53-6-131 (9) does not apply to plan applicants.
Mont. Code Ann. § 53-21-1110 — MT Code / Title 53 / Chapter 21 / Part 11 / Section 53-21-1110
53-21-1110 Terminated
Status: in_force

53-21-1110 . Terminated. Sec. 16, ch. 353, L. 2013.
Mont. Code Ann. § 53-30-303 — MT Code / Title 53 / Chapter 30 / Part 3 / Section 53-30-303
53-30-303 Definitions
Status: in_force

53-30-303 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Community corrections board" means a community corrections board as provided in 53-30-312 .

(2) "Community corrections facility or program" means a community-based or community-oriented facility or program, other than a jail, that:

(a) is established by a local or tribal government and operated by a unit of local government, a tribal government, or a nongovernmental agency; and

(b) provides programs and services to aid offenders in:

(i) obtaining and holding regular employment;

(ii) enrolling in and maintaining academic courses;

(iii) participating in vocational training programs;

(iv) utilizing the resources of the community to meet their personal and family needs;

(v) obtaining the benefits of specialized treatment services that exist within the community; and

(vi) paying restitution or performing community restitution to crime victims.

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

(4) "Nongovernmental agency" means a person, private, nonprofit agency, corporation, association, labor organization, or other nongovernmental entity.

(5) "Offender" means a person who has entered a plea of guilty or nolo contendere or has been convicted of a criminal offense.

(6) "Tribal government" means a federally recognized Indian tribe within the state of Montana.

(7) "Unit of local government" means a county, city, town, or city-county consolidated government.
Mont. Code Ann. § 53-30-134 — MT Code / Title 53 / Chapter 30 / Part 1 / Section 53-30-134
53-30-134 Montana correctional enterprises license plate production operating account
Status: in_force

53-30-134 . Montana correctional enterprises license plate production operating account. (1) There is a license plate production operating account of the enterprise fund type, as provided in 17-2-102 .

(2) All payments received by the Montana correctional enterprises program under a contract related to the manufacture of license plates, products and services provided for pursuant to 53-30-131 through 53-30-133 , and fees paid under 61-3-478 must be deposited in the account.

(3) The money in the license plate production operating account must be used by Montana correctional enterprises for the operation and enhancement of its inmate training and license plate manufacturing enterprise.
Mont. Code Ann. § 53-21-413 — MT Code / Title 53 / Chapter 21 / Part 4 / Section 53-21-413
53-21-413 Discharge and transfer of patients
Status: in_force

53-21-413 . Discharge and transfer of patients. (1) The superintendent of the Montana mental health nursing care center may authorize the discharge of a patient residing at the center according to rules adopted by the department of public health and human services. Rules adopted by the department governing discharge from the center must be consistent with 53-21-111 , 53-21-181 , and 53-21-183 .

(2) A patient in the center who requires the intensity of treatment available at the Montana state hospital may be transferred to the Montana state hospital if the patient is subject to an involuntary commitment. The department shall notify the patient, the patient's next of kin, and the mental disabilities board of visitors at least 15 days before the transfer. If a person or entity notified by the department objects to the transfer, the person or entity may petition the district court for a hearing to review whether the transfer is necessary and appropriate to meet the needs of the patient. The notice required by this subsection must include notification of the right to petition the district court pursuant to this subsection. Notice pursuant to this subsection does not preclude transfer pursuant to 53-21-130 .
Mont. Code Ann. § 53-21-1109 — MT Code / Title 53 / Chapter 21 / Part 11 / Section 53-21-1109
53-21-1109 Terminated
Status: in_force

53-21-1109 . Terminated. Sec. 16, Ch. 353, L. 2013.
Mont. Code Ann. § 53-24-313 — MT Code / Title 53 / Chapter 24 / Part 3 / Section 53-24-313
53-24-313 Powers and duties of department of public health and human services -- annual county report
Status: in_force

53-24-313 . Powers and duties of department of public health and human services -- annual county report. (1) The department of public health and human services shall:

(a) maintain a registry of recovery residences in the state;

(b) include on its website a public-facing list of certifying organizations that operate in the state and are recognized by the department;

(c) include on its website a public-facing list of recovery residences in the state that indicates which recovery residences are certified recovery residences; and

(d) ensure that it supports several sets of certification standards from various certifying organizations to accommodate various program models.

(2) (a) By the date and on a form prescribed by the department, each county shall submit to the department an annual report of known recovery residences in the county.

(b) A report must contain the following information for each known recovery residence:

(i) the name of the recovery residence;

(ii) the physical and mailing addresses of the recovery residence;

(iii) the name and contact information of the owner of the recovery residence; and

(iv) additional information when available, including:

(A) the name and contact information of the recovery residence manager or other leadership staff;

(B) the population served by the recovery residence;

(C) whether the recovery residence limits or prohibits the use of narcotic medication; and

(D) other information the county considers pertinent.

(3) As permitted by federal and state law, the department shall post the location or physical address of a recovery residence on the department's website.
Mont. Code Ann. § 53-20-173 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-173
53-20-173 Autism facilities grant -- purpose -- eligibility -- rulemaking
Status: in_force

53-20-173 . Autism facilities grant -- purpose -- eligibility -- rulemaking. (1) There is an autism facilities grant program administered by the department of public health and human services for the purpose of providing grants for the construction of autism facilities designed and equipped to provide services to individuals with autism spectrum disorders.

(2) To be eligible for a grant from the department, a nonprofit or government entity shall:

(a) match each $1 of the grant with $1 raised from public or private sources; and

(b) provide the department with plans for the construction and development of autism facilities in the state.

(3) The department shall adopt rules for administration of the grant program.

(4) For the purposes of this section, "autism facility" is a facility in the state that provides services to children or adults, or both, with autism spectrum disorder, including but not limited to housing, therapy, and other support services.
Mont. Code Ann. § 53-6-157 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-157
53-6-157 Powers and duties of medicaid fraud control unit
Status: in_force

53-6-157 . Powers and duties of medicaid fraud control unit. (1) The medicaid fraud control unit shall:

(a) investigate and prosecute under applicable criminal statutes fraud and abuse by applicants, recipients, providers, or any other persons, including but not limited to cases referred by the department;

(b) review any complaint of patient abuse, patient neglect, and misappropriation of patient property and, when appropriate, shall investigate and initiate criminal proceedings or refer the complaint to another federal, state, or local agency for action;

(c) refer to the department for collection and, when appropriate, consideration and imposition of appropriate recipient restrictions or provider sanctions cases involving recipient or provider overpayments, fraud, abuse, inappropriate use of services, or other improper activities discovered by the unit in carrying out its activities;

(d) communicate and cooperate with and, subject to applicable confidentiality laws, provide information to other federal, state, and local agencies involved in the investigation and prosecution of health care fraud, abuse, and other improper activities related to the medicaid program;

(e) transmit to other state and federal agencies, in accordance with law reports of convictions, copies of judgments and sentences imposed and other information and documents for purposes of program exclusions or other sanctions or penalties under medicaid, medicare, or other state or federal benefit or assistance programs; and

(f) recommend to state agencies appropriate or necessary adoption or revision of statutes, regulations, rules, policies, and procedures to prevent fraud, abuse, and other improper activities under the medicaid program and to aid in the investigation and prosecution of fraud, abuse, and other improper activities under the medicaid program.

(2) The medicaid fraud control unit may:

(a) initiate criminal prosecutions pursuant to subsection (1) in any court of competent jurisdiction in the state of Montana;

(b) upon written request, obtain information and records from applicants, recipients, and providers;

(c) exercise the authority granted to prosecutors with respect to criminal investigative subpoenas under Title 46, chapter 4, part 3;

(d) subject to applicable federal confidentiality laws and regulations and for purposes related to any investigation or prosecution pursuant to subsection (1), obtain from the department, local offices of public assistance, and other local, county, or state government departments or agencies records and other information, including but not limited to applicant and recipient applications, provider enrollment forms, claims and reports, individual or entity tax returns, or other information provided to or in the possession of the department of revenue or the state auditor;

(e) refer appropriate cases to other federal, state, or local agencies for investigation, prosecution, or imposition of penalties, restrictions, or sanctions;

(f) enter into agreements with the department and other federal, state, and local agencies in furtherance of the unit's mission; and

(g) do all things necessary to comply with 42 U.S.C. 1396a(a)(61) and 42 U.S.C. 1396b(q) and any implementing federal regulations and policies that require the state to operate a medicaid fraud control unit.
Mont. Code Ann. § 53-6-701 — MT Code / Title 53 / Chapter 6 / Part 7 / Section 53-6-701
53-6-701 Policy of medicaid managed care -- system for integrated health care services
Status: in_force

53-6-701 . Policy of medicaid managed care -- system for integrated health care services. It is the public policy of the state of Montana to adopt, to the extent practicable, a health care system that encourages the integration of health care services and that manages the health care of enrollees to improve their health while preserving reasonable choice within a competitive and cost-efficient environment. In furtherance of this public policy, the department shall develop and implement integrated health care programs consistent with the provisions of this part. The provisions of this part apply only to programs created under this part. The department shall by rule identify persons eligible for enrollment in a program. The department shall inform enrollees of their choice, if any, among health care delivery systems. Persons enrolled in a program may also be offered cost-effective indemnity insurance plans, subject to availability.
Mont. Code Ann. § 53-21-104 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-104
53-21-104 Powers and duties of mental disabilities board of visitors
Status: in_force

53-21-104 . Powers and duties of mental disabilities board of visitors. (1) The board is an independent board of inquiry and review that is responsible to ensure that the treatment of all persons either voluntarily or involuntarily admitted to a mental facility in Montana is humane, is consistent with established clinical and other professional standards, and meets the requirements set forth in this part.

(2) The board shall review all plans for experimental research involving persons admitted to a mental health facility to ensure that each research project is humane and not unduly hazardous and that it complies with the principles of the statement on the use of human subjects for research of the American association on mental deficiency and with the principles for research involving human subjects required by the United States department of health and human services. An activity considered to be an experimental research project and that involves a person or persons admitted to a mental health facility affected by this part may not be commenced unless it is approved by the mental disabilities board of visitors.

(3) (a) The board shall inspect every mental health facility that provides treatment or evaluation to any person pursuant to this part.

(b) The board shall annually establish a schedule for the inspection of mental health facilities that enables the board to meet its obligation under subsection (1).

(c) The board's authority to inspect mental health facilities may not be waived or precluded by other treatment review, licensing, or accreditation requirements or protocols. The board may exercise the prerogative to inspect any mental health facility at any time independent of its facility inspection schedule.

(d) The board shall produce a written report of each inspection of a mental health facility that must include specific recommendations for improvements that the board concludes are necessary in order for the inspected facility to meet the requirements in this part.

(e) The board shall provide a draft of each written report within 30 calendar days of the completion of each mental health facility inspection to the professional person in charge of the inspected facility for review prior to publication.

(f) The professional person in charge of the inspected facility shall provide a written response to the board's written report within 30 calendar days of receipt of the report. The response must include one of the following for each recommendation:

(i) a specific plan for implementation of the recommended action; or

(ii) a specific rationale that explains why the recommendation cannot be implemented.

(g) The board shall include the inspected facility's written response in the board's final published written report.

(h) The board shall include in subsequent inspections an assessment of each facility's implementation of the recommendations.

(i) The board shall report in writing to the director of the department and the governor when it determines that a mental health facility has not either implemented written recommendations or provided a specific rationale that explains why any recommendations cannot be implemented.

(4) (a) The board, by applying a sampling process during a scheduled inspection of a mental health facility, shall ensure that a treatment plan and a discharge plan exists and is being implemented for each patient admitted or committed to the mental health facility being inspected under this part.

(b) The board, during a scheduled inspection of a mental health facility, shall review all aspects of the treatment of persons admitted to mental health facilities and review the use of treatment procedures that involve behavior control, including but not limited to the use of any type of mechanical restraints, locked and unlocked seclusion or isolation, time out, or any other procedure involving physical control.

(c) The board shall ensure that the use of treatment procedures described in subsection (4)(b) at inspected mental health facilities is clinically justified, is monitored closely by a medical doctor and other mental health professionals, is implemented only when other less restrictive measures have failed, and is implemented to the least extent necessary to protect the safety and health of the affected individual or others in the immediate environment.

(d) The board may exercise the prerogative to inquire about and ensure the existence and implementation of treatment plans and discharge plans for any person admitted to a mental health facility and to inquire about and ensure the appropriate use of treatment procedures described in subsection (4)(b) with any person admitted to a mental health facility independent of its facility inspection schedule.

(5) The board may assist any person who is receiving or who has received treatment at a mental health facility in resolving any grievance the person may have concerning the person's admission or course of treatment in the facility.

(6) The board shall employ and is responsible for full-time legal counsel at the state hospital, whose responsibility is to act on behalf of all patients at the state hospital. The board shall ensure that there are sufficient legal staff and facilities to ensure availability to all patients and shall require that the appointed counsel periodically interview every patient and examine the patient's files and records. The board may employ additional legal counsel for representation of patients in a similar manner at any other mental health facility having inpatient capability.

(7) (a) If the board believes that any facility is failing to comply with the provisions of this part in regard to its physical facilities or its treatment of any person, it shall report its findings in writing to the professional person in charge of the facility and the director of the department.

(b) The professional person in charge of the facility shall submit a written response to the board within 10 working days of the receipt of the board's written findings provided for in subsection (7)(a) that includes an explanation of the facility's point of view regarding the board's concerns, including areas of disagreement and agreement. If the facility is in full or partial agreement with the board's concerns, its written response must include actions that it has taken or that it plans to take to address the concerns.

(c) If the facility's written response does not resolve the concerns to the board's satisfaction, the board and the professional person in charge of the facility shall meet in person within 15 working days of the board's receipt of the facility's response to seek a mutually agreed upon resolution.

(8) The board shall publish standards for its inspections of mental health facilities.

(9) The board shall report annually to the governor concerning:

(a) the status of the mental health facilities and treatment programs that it has inspected since the last annual report; and

(b) occurrences of the administration of medications against the wishes of persons receiving treatment in mental health facilities and the effectiveness of the review procedure required by 53-21-127 (6) in protecting persons from unnecessary or excessive medication.
Mont. Code Ann. § 53-4-221 — MT Code / Title 53 / Chapter 4 / Part 2 / Section 53-4-221
53-4-221 State administration
Status: in_force

53-4-221 . State administration. The department is responsible for the local administration and supervision of programs funded under the temporary assistance for needy families block grant.
Mont. Code Ann. § 53-2-1215 — MT Code / Title 53 / Chapter 2 / Part 12 / Section 53-2-1215
53-2-1215 Incumbent worker training program -- purpose
Status: in_force

53-2-1215 . Incumbent worker training program -- purpose. There is an incumbent worker training program, administered by the department, the purpose of which is to:

(1) meet the training needs of incumbent workers in businesses employing workers in this state; and

(2) assist local businesses in preserving existing jobs for Montana residents.
Mont. Code Ann. § 53-1-710 — MT Code / Title 53 / Chapter 1 / Part 7 / Section 53-1-710
53-1-710 Approved 2-1-1 service providers
Status: in_force

53-1-710 . Approved 2-1-1 service providers. (1) Only an approved service provider may provide 2-1-1 telephone services after July 1, 2006. The department shall approve 2-1-1 service providers after considering the following:

(a) the ability of the proposed 2-1-1 service provider to meet the national 2-1-1 standards recommended by the alliance of information and referral systems and adopted by the national 2-1-1 collaborative in October 2002;

(b) the financial stability of the proposed 2-1-1 service provider;

(c) the community support for the proposed 2-1-1 service provider;

(d) the proposed 2-1-1 service provider's relationships with other information and referral services;

(e) the proposed 2-1-1 service provider's record of providing existing 2-1-1 services; and

(f) the proposed 2-1-1 service area.

(2) An existing 2-1-1 service provider may apply for the geographical area in which the service provider is currently approved to offer 2-1-1 telephone services.
Mont. Code Ann. § 53-21-152 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-152
53-21-152 Department funding responsibility
Status: in_force

53-21-152 . Department funding responsibility. The department shall develop a separate funding category and procedure for payment for services that are court-ordered for a commitment to a community facility or program or course of treatment. However, nothing in this chapter obligates the department to pay for services ordered under 53-21-127 unless the respondent is eligible for mental health services under the public mental health system funded by the department, the service is one that the department has included in its mental health program, and the department determines that the mental health service is medically necessary for the respondent.
Mont. Code Ann. § 53-9-107 — MT Code / Title 53 / Chapter 9 / Part 1 / Section 53-9-107
53-9-107 Public inspection and disclosure of office's records
Status: in_force

53-9-107 . Public inspection and disclosure of office's records. (1) Except as provided in subsections (2) and (3), the records the office maintains in its possession in the administration of this part are open to public inspection and disclosure.

(2) Confidential criminal justice information obtained by the office is subject to the confidentiality provisions of the Montana Criminal Justice Information Act of 1979, Title 44, chapter 5.

(3) In assuring that the right of individual privacy so essential to the well-being of a free society may not be infringed without the showing of a compelling state interest, the following public records of the office are exempt from disclosure:

(a) information of a personal nature, such as personal, medical, or similar information, if the public disclosure of the information would constitute an unreasonable invasion of privacy, unless the public interest by clear and convincing evidence requires disclosure in the particular instance. The party seeking disclosure has the burden of showing that public disclosure would not constitute an unreasonable invasion of privacy.

(b) any public records or information, the disclosure of which is prohibited by federal law or regulations.

(4) If any public record of the office contains material that is not exempt under subsection (3), as well as material that is exempt from disclosure, the office shall separate the exempt and nonexempt and make the nonexempt material available for examination.
Mont. Code Ann. § 53-6-1201 — MT Code / Title 53 / Chapter 6 / Part 12 / Section 53-6-1201
53-6-1201 Special revenue fund -- health and medicaid initiatives
Status: in_force

53-6-1201 . Special revenue fund -- health and medicaid initiatives. (1) There is a health and medicaid initiatives account in the state special revenue fund established by 17-2-102 . This account is to be administered by the department of public health and human services.

(2) There must be deposited in the account:

(a) money from cigarette taxes deposited under 16-11-119 (2)(c);

(b) money from taxes on tobacco products other than cigarettes deposited under 16-11-119 (4)(b); and

(c) any interest and income earned on the account.

(3) This account may be used only to provide funding for:

(a) the state funds necessary to take full advantage of available federal matching funds in order to administer the plan and maximize enrollment of eligible children under the healthy Montana kids plan, provided for under Title 53, chapter 4, part 11, and to provide outreach to the eligible children;

(b) a new need-based prescription drug program established by the legislature for children, seniors, chronically ill, and disabled persons that does not supplant similar services provided under any existing program;

(c) increased medicaid services and medicaid provider rates. The increased revenue is intended to increase medicaid services and medicaid provider rates and not to supplant the general fund in the trended traditional level of appropriation for medicaid services and medicaid provider rates.

(d) an offset to loss of revenue to the general fund as a result of new tax credits; and

(e) grants to schools for suicide prevention activities, for the biennium beginning July 1, 2017.

(4) (a) On or before July 1, the budget director shall calculate a balance required to sustain each program in subsection (3) for each fiscal year of the biennium. If the budget director certifies that the reserve balance will be sufficient, then the agencies may expend the revenue for the programs as appropriated. If the budget director determines that the reserve balance of the revenue will not support the level of appropriation, the budget director shall notify each agency. Upon receipt of the notification, the agency shall adjust the operating budget for the program to reflect the available revenue as determined by the budget director.

(b) Until the programs or credits described in subsections (3)(b) and (3)(d) are established, the funding must be used exclusively for the purposes described in subsections (3)(a) and (3)(c).

(5) The phrase "trended traditional level of appropriation", as used in subsection (3)(c), means the appropriation amounts, including supplemental appropriations, as those amounts were set based on eligibility standards, services authorized, and payment amount during the past five biennial budgets.

(6) The department of public health and human services may adopt rules to implement this section.
Mont. Code Ann. § 53-20-134 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-134
53-20-134 Court records to be kept separate -- sealed -- names omitted
Status: in_force

53-20-134 . Court records to be kept separate -- sealed -- names omitted. Records and papers in proceedings under this part must be maintained separately by each clerk of court. Five days prior to the release of a respondent or resident committed to a residential facility, the facility shall notify the appropriate clerk of court, and the clerk shall immediately seal the record in the case and omit the name of the respondent or resident from the index or indexes of cases in the court unless the court orders the record opened for good cause shown.
Mont. Code Ann. § 53-30-609 — MT Code / Title 53 / Chapter 30 / Part 6 / Section 53-30-609
53-30-609 Contractor costs responsibility
Status: in_force

53-30-609 . Contractor costs responsibility. (1) The contractor is responsible for costs incurred by the state or any political subdivision of the state for legal costs relating to escapes, riots or disturbances, or other natural or human-caused events that occur at the facility because of the contractor's negligence, errors, omissions, intentional acts, or failure to comply with the terms of the contract.

(2) The contractor is responsible for all reasonable costs and expenses incurred by the state or a political subdivision of the state for defense of causes of action brought by or on behalf of an inmate that accrue while an inmate is incarcerated at a private correctional facility.

(3) The provisions of this part are not intended to create a private or public cause of action for any person, partnership, corporation, or other entity, including any inmate housed within any private correctional facility or any inmate housed within the state of Montana.
Mont. Code Ann. § 53-6-158 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-158
53-6-158 Cooperation of governmental agencies with medicaid fraud control unit
Status: in_force

53-6-158 . Cooperation of governmental agencies with medicaid fraud control unit. All local, county, and state departments and agencies shall cooperate with the medicaid fraud control unit and its agents and employees to effectuate the purposes of the unit.
Mont. Code Ann. § 53-6-603 — MT Code / Title 53 / Chapter 6 / Part 6 / Section 53-6-603
53-6-603 Long-term care service development -- coordination -- delivery
Status: in_force

53-6-603 . Long-term care service development -- coordination -- delivery. (1) The department of public health and human services shall cooperate in the development, implementation, and coordination of state programs of assistance for the elderly or persons with disabilities.

(2) The planning and delivery systems that provide state programs of assistance for the elderly and persons with disabilities must be jointly coordinated to foster:

(a) efficient and cost-effective financing, service delivery, intake, eligibility, assessment, and other measures, as appropriate; and

(b) general development of service systems that may serve persons with either private means or public means of financing services at a reasonable cost.

(3) State programs of assistance for the elderly or for persons with disabilities should be made available in the most appropriate, most cost-effective, and least restrictive residential setting integrated into a community.

(4) State programs of assistance that provide services or oversight in order to maintain or to protect a person's health and social life should recognize the person's dignity and independence.
Mont. Code Ann. § 53-30-505 — MT Code / Title 53 / Chapter 30 / Part 5 / Section 53-30-505
53-30-505 Contract time limit
Status: in_force

53-30-505 . Contract time limit. A contract entered into under 53-30-504 may not exceed a term of 30 years and must contain provisions for renegotiation after 30 years. The provisions of 18-4-313 that limit the term of a contract do not apply to a contract authorized by 53-30-504 .
Mont. Code Ann. § 53-6-168 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-168
53-6-168 Payment of certain funds of deceased recipient to department
Status: in_force

53-6-168 . Payment of certain funds of deceased recipient to department. (1) (a) A nursing facility, a financial institution, or a person holding personal funds of a deceased nursing facility resident who received medicaid benefits at any time shall, within 30 days following the resident's death, pay those funds to the department.

(b) A nursing facility may satisfy a debt owed by the deceased resident to the facility from the deceased resident's personal funds that are held by the nursing facility and that would have been payable to the facility from the resident's funds. The facility shall pay the remaining funds to the department as required by this section.

(c) Funds paid to the department under this section are not considered to be property of the deceased resident's estate, and 53-6-167 does not apply to recovery of the funds by the department.

(2) For purposes of this section, a nursing facility is holding personal funds of a resident if the facility:

(a) maintains possession of the funds in the facility; or

(b) as the recipient's trustee or representative, has deposited the resident's funds in an individual or shared account in a financial institution.

(3) 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. § 53-30-142 — MT Code / Title 53 / Chapter 30 / Part 1 / Section 53-30-142
53-30-142 Escape from extended confinement
Status: in_force

53-30-142 . Escape from extended confinement. Purposeful or knowing failure of an inmate to remain within the extended limits of confinement or to return within the time prescribed by prison officials to the place of confinement designated by the department is an escape punishable as provided in 45-7-306 .
Mont. Code Ann. § 53-6-135 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-135
53-6-135 Prohibited reimbursement or coverage
Status: in_force

53-6-135 . Prohibited reimbursement or coverage. Pursuant to 50-4-1004 , the Montana medicaid program may not reimburse or provide coverage for any medical treatment prohibited in 50-4-1004 (1)(a) or (1)(b).
Mont. Code Ann. § 53-4-214 — MT Code / Title 53 / Chapter 4 / Part 2 / Section 53-4-214
53-4-214 Distribution of copies of law and forms by department
Status: in_force

53-4-214 . Distribution of copies of law and forms by department. The department shall have printed and shall distribute copies of this part to all local offices of public assistance and shall prescribe the form of and print and supply to the local office of public assistance blanks of applications, reports, and other forms that may be necessary in relation to the administration of public assistance programs.
Mont. Code Ann. § 53-25-109 — MT Code / Title 53 / Chapter 25 / Part 1 / Section 53-25-109
53-25-109 Program requirements -- application -- establishment of account -- contributions
Status: in_force

53-25-109 . Program requirements -- application -- establishment of account -- contributions. (1) The program must be operated through use of accounts in the trust established by designated beneficiaries. Payments to the trust for participation in the program must be made by or on behalf of designated beneficiaries pursuant to participating trust agreements. A person who wishes to participate in the program and open an account into which funds will be deposited to pay the qualified disability expenses of a designated beneficiary shall:

(a) enter into a participating trust agreement pursuant to which an account of the trust will be established;

(b) complete an application on a form prescribed by the department that includes:

(i) the name, address, and social security number of the designated beneficiary and the agent, if the agent is opening the account;

(ii) the government-issued identification of the person opening the account;

(iii) the certification relating to no excess contributions adopted by the department;

(iv) the designation of the financial institution with which the funds in the account will be invested; and

(v) any other information required by the department;

(c) pay the one-time application fee established by the department;

(d) make the minimum contribution required by the department; and

(e) designate the type of account to be opened if more than one type of account is offered.

(2) Each account must be maintained separately from each other account under the program.

(3) Separate records and accounting must be maintained for each account for each designated beneficiary.

(4) Contributions to an account are subject to the requirements of section 529A(b)(2) of the Internal Revenue Code, 26 U.S.C. 529A(b)(2), prohibiting noncash contributions and contributions in excess of the annual contribution limit.

(5) A contributor to or designated beneficiary or agent of an account may not direct the investment of any contributions to an account or the earnings generated by an account in violation of section 529A of the Internal Revenue Code, 26 U.S.C. 529A, and may not pledge the interest of an account or use an interest in an account as security for a loan.

(6) The financial institution shall provide statements to designated beneficiaries whose accounts are invested with the institution at least once each year within 31 days after the 12-month period to which they relate. Each statement must identify the contributions made during the preceding 12-month period, the total contributions made through the end of the period, the value of the account as of the end of the period, distributions made during the period, and any other matters that the department requires to be reported to the designated beneficiary.

(7) Statements and information returns relating to accounts must be prepared and filed to the extent required by federal or state tax law or by administrative rule.

(8) Application fees provided for in subsection (1)(c) must be deposited in the state special revenue fund to the credit of the department for the administration of the achieving a better life experience program.
Mont. Code Ann. § 53-30-502 — MT Code / Title 53 / Chapter 30 / Part 5 / Section 53-30-502
53-30-502 Purpose
Status: in_force

53-30-502 . Purpose. It is the purpose of this part to provide a method by which the state and local governments can make the most efficient use of their powers and resources by enabling them to cooperate to fulfill their respective responsibilities of providing services and facilities for the incarceration and rehabilitation of criminal offenders at regional correctional facilities. The state and local governments are encouraged to use innovative means in accomplishing this purpose.
Mont. Code Ann. § 53-20-604 — MT Code / Title 53 / Chapter 20 / Part 6 / Section 53-20-604
53-20-604 Rulemaking authority
Status: in_force

53-20-604 . Rulemaking authority. The department may adopt rules to carry out this part, including but not limited to rules for eligibility requirements for admission to the facility.
Mont. Code Ann. § 53-6-150 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-150
53-6-150 Donated funds
Status: in_force

53-6-150 . Donated funds. The department of public health and human services may receive private funds and nonfederal and nonstate public funds for its medical assistance programs. Donated funds must be matched with federal funds whenever possible.
Mont. Code Ann. § 53-9-102 — MT Code / Title 53 / Chapter 9 / Part 1 / Section 53-9-102
53-9-102 Legislative purpose and intent
Status: in_force

53-9-102 . Legislative purpose and intent. It is the intent of the legislature to provide a method of compensating those persons within the state who are innocent victims of criminal acts, including acts of international terrorism, as defined in 18 U.S.C. 2331, that are committed outside of the United States against a resident of this state, and who suffer bodily injury or death and those innocent citizens of this state who are injured or killed in a state that does not have a crime victims compensation program that covers out-of-state residents injured or killed in that state. To this end, it is the legislature's intention to provide compensation for injuries suffered as a direct result of the criminal acts of other persons and to coordinate victims assistance programs.
Mont. Code Ann. § 53-21-1333 — MT Code / Title 53 / Chapter 21 / Part 13 / Section 53-21-1333
53-21-1333 Health care information
Status: in_force

53-21-1333 . Health care information. Unless otherwise specified in the directive, the agent has the same rights as the principal to request, receive, examine, copy, and consent to the disclosure of medical or any other health care information during a period of time when the agent is legally authorized to act on behalf of the principal.
Mont. Code Ann. § 53-4-1005 — MT Code / Title 53 / Chapter 4 / Part 10 / Section 53-4-1005
53-4-1005 Benefits provided
Status: in_force

53-4-1005 . (Temporary) Benefits provided. (1) Benefits provided to participants in the program may include but are not limited to:

(a) inpatient and outpatient hospital services;

(b) physician, physician assistant, and advanced practice registered nurse services;

(c) laboratory and x-ray services;

(d) well-child and well-baby services;

(e) immunizations;

(f) clinic services;

(g) dental services;

(h) prescription drugs;

(i) mental health and substance abuse treatment services;

(j) habilitative services as defined in 53-4-1103 ;

(k) hearing and vision exams; and

(l) eyeglasses.

(2) The program must comply with the provisions of 33-22-153 and 53-6-197 .

(3) The department shall adopt rules, pursuant to its authority under 53-4-1009 , allowing it to cover significant dental needs beyond those covered in the basic plan. Expenditures under this subsection may not exceed $100,000 in state funds, plus any matched federal funds, each fiscal year.

(4) The department is specifically prohibited from providing payment for birth control contraceptives under this program.

(5) The department shall notify enrollees of any restrictions on access to health care providers, of any restrictions on the availability of services by out-of-state providers, and of the methodology for an out-of-state provider to be an eligible provider. (Terminates on occurrence of contingency--sec. 15, Ch. 571, L. 1999, sec. 3, Ch. 169, L. 2007, sec. 10, Ch. 97, L. 2013, sec. 5, Ch. 399, L. 2017.)
Mont. Code Ann. § 53-6-1302 — MT Code / Title 53 / Chapter 6 / Part 13 / Section 53-6-1302
53-6-1302 Montana HELP Act program -- legislative findings and purpose
Status: in_force

53-6-1302 . Montana HELP Act program -- legislative findings and purpose. (1) There is a Montana Health and Economic Livelihood Partnership Act program established through a collaborative effort of the department of public health and human services and the department of labor and industry to:

(a) provide coverage of health care services for low-income Montanans;

(b) improve the readiness of program participants to enter the workforce or obtain better-paying jobs; and

(c) reduce the dependence of Montanans on public assistance programs.

(2) The legislature finds that improving the delivery of health care services to Montanans requires state government, health care providers, patient advocates, and other parties interested in high-quality, affordable health care to collaborate in order to:

(a) increase the availability of high-quality health care to Montanans;

(b) provide greater value for the tax dollars spent on the Montana medicaid program;

(c) reduce health care costs;

(d) provide incentives that encourage Montanans to take greater responsibility for their personal health;

(e) boost Montana's economy by reducing the costs of uncompensated care; and

(f) reduce or minimize the shifting of payment for unreimbursed health care costs to patients with health insurance.

(3) The legislature further finds that providing greater value for the dollars spent on the medicaid program requires considering options for delivering services in a more efficient and cost-effective manner, including but not limited to:

(a) offering incentives to encourage health care providers to achieve measurable performance outcomes;

(b) improving the coordination of care among health care providers who participate in the medicaid program;

(c) reducing preventable hospital readmissions; and

(d) exploring methods of medicaid payment that promote quality of care and efficiencies.

(4) The legislature further finds that providing necessary job training, skill development, or supportive services and establishing community engagement requirements for individuals who need assistance with health care costs could help those individuals obtain employment that has health care coverage benefits or that would allow them to purchase their own health insurance coverage.

(5) The legislature further finds that:

(a) it is important to implement additional fraud, waste, and abuse safeguards to protect and preserve the integrity of the medicaid program and the unemployment insurance program for individuals who qualify for the programs; and

(b) state policymakers have an interest in testing the effectiveness of wellness incentives in order to collect and analyze information about the correlation between wellness incentives and health status.

(6) The purposes of the act are to:

(a) modify and enhance Montana's health care delivery system to provide access to high-quality, affordable health care for all Montana citizens; and

(b) provide low-income Montanans with opportunities to improve their readiness for work or to obtain higher-paying jobs.

(7) The department of labor and industry and the department of public health and human services shall maximize the use of existing resources in administering the program.
Mont. Code Ann. § 53-19-307 — MT Code / Title 53 / Chapter 19 / Part 3 / Section 53-19-307
53-19-307 Provision of services
Status: in_force

53-19-307 . Provision of services. (1) In administering the program established in 53-19-306 for individuals, the committee shall:

(a) develop an appropriate means test to determine eligibility for specialized telecommunications equipment based on family income of less than 250% of the federal poverty level;

(b) require that the person with a disability be a resident of Montana and that residency be maintained as a condition of eligibility for specialized telecommunications equipment;

(c) require persons with disabilities to provide satisfactory evidence that they have disabilities and would benefit from the use of specialized telecommunications equipment;

(d) provide specialized telecommunications equipment to participants through loan, lease, cost sharing, or other methods that are determined appropriate by the committee;

(e) determine the type of specialized telecommunications equipment that it considers necessary and economically feasible for use by Montana's persons with disabilities;

(f) purchase or lease all specialized telecommunications equipment through bid by wholesale manufacturers on a competitive basis;

(g) require, as a condition of each equipment purchase or lease, that the equipment vendor provide repair and maintenance service for new and returned equipment;

(h) maintain records for a minimum of 5 years of each item of equipment, including the location, serial number, and telephone number of each device;

(i) make reasonable efforts to recover equipment from those who become ineligible for continued participation in the program;

(j) provide a telecommunications relay service system that would be available statewide for operation 7 days a week, 24 hours a day, including holidays; and

(k) adopt rules necessary to administer the program.

(2) In adopting rules to implement subsections (1)(a) and (1)(d), the committee may, based upon available funds, provide the specialized telecommunications equipment, without charge, to individuals whose family income is less than 250% of the federal poverty level.
Mont. Code Ann. § 53-6-2102 — MT Code / Title 53 / Chapter 6 / Part 21 / Section 53-6-2102
53-6-2102 Terminated
Status: in_force

53-6-2102 . Terminated. Sec. 7, Ch. 265, L. 2015.
Mont. Code Ann. § 53-2-106 — MT Code / Title 53 / Chapter 2 / Part 1 / Section 53-2-106
53-2-106 Penalty for misuse of public assistance information
Status: in_force

53-2-106 . Penalty for misuse of public assistance information. Any person, body, association, corporation, firm, or other agency who shall willfully or knowingly violate any provision of 53-2-105 shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $25 or more than $1,000, to which may be added imprisonment in the county jail for any determinate period not to exceed 60 days. If the violation is by other than an individual, the imprisonment may be adjusted against any officer, agent, employee, servant, or other person of the association, corporation, firm, or other agency who committed or participated in such violation and is found guilty thereof.
Mont. Code Ann. § 53-6-2210 — MT Code / Title 53 / Chapter 6 / Part 22 / Section 53-6-2210
53-6-2210 Cancer screening account
Status: in_force

53-6-2210 . Cancer screening account. (1) There is a cancer screening account in the state special revenue fund established in 17-2-102 to the credit of the department of public health and human services.

(2) The account consists of:

(a) money collected from the donation provided for in 61-3-303 (6)(c);

(b) other gifts and donations to the department for cancer screening efforts; and

(c) interest and income earned on the account.

(3) Money in the account must be used by the department of public health and human services to support cancer screening efforts.
Mont. Code Ann. § 53-6-1012 — MT Code / Title 53 / Chapter 6 / Part 10 / Section 53-6-1012
53-6-1012 Obligations of department
Status: in_force

53-6-1012 . Obligations of department. The department shall establish simplified procedures for determining eligibility and issuing Montana prescription enrollment cards to qualified individuals under 53-6-1002 and shall undertake outreach efforts to build public awareness of the program and maximize enrollment of qualified individuals. The department may adjust the requirements and terms of the program to accommodate any new federally funded prescription drug programs.