Mont. Code Ann. § 53-6-1304 — MT Code / Title 53 / Chapter 6 / Part 13 / Section 53-6-1304
53-6-1304 Montana HELP Act program -- eligibility for coverage of health care services -- exceptions
Status: in_force

53-6-1304 . Montana HELP Act program -- eligibility for coverage of health care services -- exceptions. (1) An individual is eligible for coverage of health care services provided pursuant to this part if the individual meets the requirements of 42 U.S.C. 1396a(a)(10)(A)(i)(VIII).

(2) The department may serve individuals who are eligible for medicaid-funded services pursuant to this part through the medical assistance program established in Title 53, chapter 6, part 1, if the individuals would be served more appropriately because the individuals:

(a) have exceptional health care needs, including but not limited to medical, mental health, or developmental conditions;

(b) live in a geographical area, including an Indian reservation, that would not be effectively or efficiently served through this part;

(c) need continuity of care that would not be available or cost-effective through this part;

(d) are exempt under the waiver implementing this part as of July 1, 2019; or

(e) are otherwise exempt under federal law.
Mont. Code Ann. § 53-20-102 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-102
53-20-102 Definitions
Status: in_force

53-20-102 . Definitions. As used in this part, the following definitions apply:

(1) (a) "Available" means:

(i) that services of an identified provider or providers have been found to be necessary and appropriate for the habilitation of a specific person by the person's individual treatment planning team;

(ii) that funding for the services has been identified and committed for the person's immediate use; and

(iii) that all providers have offered the necessary services for the person's immediate use.

(b) A service is not available simply because similar services are offered by one or more providers in one or more locations to other individuals or because the person has been placed on a waiting list for services or funding.

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

(3) "Case manager" means a person who is responsible for service coordination, planning, and crisis intervention for persons who are eligible for community-based developmental disabilities services from the department of public health and human services.

(4) "Census" means the number of residents occupying beds in a residential facility on a particular date.

(5) "Community treatment plan" means a comprehensive, individualized plan of care that addresses the habilitation needs of and the risks posed by the behaviors of a respondent who is found to be seriously developmentally disabled.

(6) "Community-based facilities" or "community-based services" means those facilities and services that are available for the evaluation, treatment, and habilitation of persons with developmental disabilities in a community setting.

(7) "Court" means a district court of the state of Montana.

(8) "Developmental disabilities professional" means a licensed psychologist, a licensed psychiatrist, or a person with a master's degree in psychology, who:

(a) has training and experience in psychometric testing and evaluation;

(b) has experience in the field of developmental disabilities; and

(c) is certified, as provided in 53-20-106 , by the department of public health and human services.

(9) "Developmental disability" means a disability that:

(a) is attributable to intellectual disability, cerebral palsy, epilepsy, autism, or any other neurologically disabling condition closely related to intellectual disability;

(b) requires treatment similar to that required by intellectually disabled individuals;

(c) originated before the individual attained age 18;

(d) has continued or can be expected to continue indefinitely; and

(e) results in the person having a substantial disability.

(10) "Habilitation" means the process by which a person who has a developmental disability is assisted in acquiring and maintaining those life skills that enable the person to cope more effectively with personal needs and the demands of the environment and in raising the level of the person's physical, mental, and social efficiency. Habilitation includes but is not limited to formal, structured education and treatment.

(11) "Individual treatment planning team" means the interdisciplinary team of persons involved in and responsible for the habilitation of a resident. The resident is a member of the team.

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

(13) "Qualified intellectual disability professional" means a professional program staff person for the residential facility who the department of public health and human services determines meets the professional requirements necessary for federal certification of the facility.

(14) "Resident" means a person committed to a residential facility.

(15) "Residential facility" or "facility" means:

(a) the Montana developmental center; or

(b) a private, community-based facility approved by the department of public health and human services as a facility able to meet the needs of individuals committed to a residential facility pursuant to this chapter or placed in a residential facility pursuant to Title 46, chapter 14.

(16) "Residential facility screening team" means a team of persons, appointed as provided in 53-20-133 , that is responsible for screening a respondent to determine if the commitment of the respondent to a residential facility or the imposition of a community treatment plan is appropriate.

(17) "Respondent" means a person alleged in a petition filed pursuant to this part to be seriously developmentally disabled and for whom the petition requests commitment to a residential facility or imposition of a community treatment plan.

(18) "Responsible person" means a person willing and able to assume responsibility for a person who is seriously developmentally disabled or alleged to be seriously developmentally disabled.

(19) "Seriously developmentally disabled" means a person who:

(a) has a developmental disability;

(b) is impaired in cognitive functioning; and

(c) cannot be safely and effectively habilitated through voluntary use of community-based services because of behaviors that pose an imminent risk of serious harm to self or others.
Mont. Code Ann. § 53-21-414 — MT Code / Title 53 / Chapter 21 / Part 4 / Section 53-21-414
53-21-414 Admissions to mental health nursing care center
Status: in_force

53-21-414 . Admissions to mental health nursing care center. (1) The Montana mental health nursing care center may admit patients on a voluntary basis according to admission criteria and procedures established in administrative rules and by involuntary commitment pursuant to 53-21-127 (3)(a)(iii).

(2) A patient involuntarily committed to the Montana state hospital may be transferred by the department of public health and human services to the Montana mental health nursing care center if the patient meets the admission criteria of the center. 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. Section 53-21-128 applies to extensions of involuntary commitment of patients to the center.

(3) Except as provided in 53-21-413 (2) and subsection (2) of this section, patients involuntarily transferred to the center have the rights provided in this chapter.
Mont. Code Ann. § 53-1-206 — MT Code / Title 53 / Chapter 1 / Part 2 / Section 53-1-206
53-1-206 Participation by institutions in research programs
Status: in_force

53-1-206 . Participation by institutions in research programs. The department of corrections may direct a penal and corrective institution of the state to participate in and cooperate with programs of research and development being conducted and carried on by any units of the Montana university system, by any of the other educational institutions of the state of Montana, or by any foundation or agency of an educational institution in the fields of science, health, education, and natural resources. These programs may include the voluntary participation of the inmates of the institution in testing and experimental work conducted as a part the testing. Any funds received from the authorized programs may be shared with the participating inmates or otherwise held and used for the welfare and rehabilitation of the inmates and may not become a part of the regular budgeted operation of the institution.
Mont. Code Ann. § 53-25-110 — MT Code / Title 53 / Chapter 25 / Part 1 / Section 53-25-110
53-25-110 Qualified and nonqualified withdrawals -- rulemaking
Status: in_force

53-25-110 . Qualified and nonqualified withdrawals -- rulemaking. (1) A designated beneficiary or agent may withdraw all or part of the balance from an account under rules prescribed by the department. The rules must be used to help the department or program administrator to determine whether a withdrawal is a nonqualified withdrawal or a qualified withdrawal to the extent that the department concludes that it is necessary for the department or program administrator to make that determination.

(2) Upon the death of a designated beneficiary, any amount remaining in the account must be distributed pursuant to section 529A(f) of the Internal Revenue Code, 26 U.S.C. 529A(f).

(3) A designated beneficiary or agent may request a nonqualified withdrawal at any time. Nonqualified withdrawals are subject to a federal additional tax pursuant to section 529A of the Internal Revenue Code, 26 U.S.C. 529A.

(4) If a distribution is made from an account to any person or for the benefit of any person during a calendar year, the distribution must be reported to the internal revenue service and to the designated beneficiary or agent to the extent required by federal law.
Mont. Code Ann. § 53-4-202 — MT Code / Title 53 / Chapter 4 / Part 2 / Section 53-4-202
53-4-202 Cash assistance to be in effect in all counties
Status: in_force

53-4-202 . Cash assistance to be in effect in all counties. (1) It is required that the state plan and programs described in the state plan must be in effect in each county of the state.

(2) It is not required that the programs funded under temporary assistance for needy families be uniformly administered in each county of the state, provided that the programs are administered in accordance with all requirements of the state plan and federal law. The department may also administer demonstration programs pursuant to section 1115 of the Social Security Act, 42 U.S.C. 1315, or any other provision of that act that permits the states to administer experimental, pilot, or demonstration projects.

(3) An enrolled member of an Indian tribe participating in a program that is funded, at least in part, by temporary assistance for needy families must be subject to the same rules, policies, and requirements as all other applicants for and recipients of benefits funded by temporary assistance for needy families unless an exception is expressly granted by federal law.
Mont. Code Ann. § 53-6-601 — MT Code / Title 53 / Chapter 6 / Part 6 / Section 53-6-601
53-6-601 Short title
Status: in_force

53-6-601 . Short title. This part may be cited as the "Montana Long-Term Care Reform Act".
Mont. Code Ann. § 53-6-710 — MT Code / Title 53 / Chapter 6 / Part 7 / Section 53-6-710
53-6-710 Advisory council -- duties
Status: in_force

53-6-710 . Advisory council -- duties. (1) There is an advisory council to review requests for proposals issued and contracts proposed to be awarded under this part.

(2) The advisory council consists of seven members appointed as follows:

(a) two members appointed by the speaker of the house of representatives, at least one of whom must be a health care provider;

(b) two members appointed by the president of the senate, at least one of whom must be a health care provider; and

(c) three members appointed by the governor, at least one of whom must be a health care provider.

(3) Members shall serve staggered, 3-year terms.

(4) When the department proposes to seek a medicaid waiver for managed care, the council shall conduct the following activities before the department issues a request for proposal and after it has selected a vendor but before a contract is awarded:

(a) hold a public hearing in the geographic area that would be affected by the program or contract in order to:

(i) educate medicaid recipients, health care providers, and the public residing in the area about the provisions of the proposed program or contract and the consumer's options; and

(ii) accept public comment about the proposed program or contract;

(b) submit a report if managed care is in place of its findings related to the public comment process to the children, families, health, and human services interim committee in accordance with 5-11-210 , the legislative auditor's office, and the department.

(5) The council shall meet according to a schedule adopted by a majority vote of the council.

(6) The council is attached to the department for administrative purposes only, and members are entitled to reimbursement for travel expenses as provided in 2-18-501 through 2-18-503 .
Mont. Code Ann. § 53-21-103 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-103
53-21-103 Court records to be kept separate
Status: in_force

53-21-103 . Court records to be kept separate. Records and papers in proceedings under this part shall be maintained separately by the clerks of the several courts. Five days prior to the release of a respondent or patient committed to a mental health facility, the facility shall notify the clerk of the court, and the clerk shall immediately seal the record in the case and omit the name of the respondent or patient from the index or indexes of cases in the court unless the court orders the record opened for good cause shown.
Mont. Code Ann. § 53-21-190 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-190
53-21-190 Fact of evaluation or treatment not to be used in subsequent court proceeding -- exception
Status: in_force

53-21-190 . Fact of evaluation or treatment not to be used in subsequent court proceeding -- exception. The fact that a person has received evaluation and treatment, whether voluntarily or involuntarily, at a mental health facility may not be admitted into evidence in a subsequent proceeding for involuntary commitment or for the appointment of a guardian or conservator unless it is necessary to a determination of the present condition of the respondent or the prognosis for treatment in the present case and the judge determines that the need for the evidence outweighs the prejudicial effect of its admission.
Mont. Code Ann. § 53-21-199 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-199
53-21-199 Option for diversion from involuntary commitment to Montana state hospital -- diversion to category D assisted living facilities
Status: in_force

53-21-199 . Option for diversion from involuntary commitment to Montana state hospital -- diversion to category D assisted living facilities. (1) It is the intent of the legislature to divert individuals from all forms of involuntary commitment. When it is not possible to divert an individual from involuntary commitment, it is the intent of the legislature that commitment to the Montana state hospital serves as a last resort because the Montana state hospital is the most restrictive and least cost-effective form of mental health treatment in the state.

(2) A person with a mental disorder who is detained or considered for detention under 53-21-120 (4) maybe diverted to a category D assisted living facility pursuant to the processes outlined in this section.

(3) A court may dismiss involuntary treatment proceedings to facilitate voluntary treatment at a category D assisted living facility if:

(a) the court finds that a person detained or considered for detention under this chapter is likely to benefit from the services of a category D assisted living facility;

(b) a category D assisted living facility is willing to serve the person; and

(c) the person is willing to receive services from the category D assisted living facility.

(4) If voluntary diversion to a category D assisted living facility as provided in subsection (3) is not possible and a court, after obtaining the results of an examination as provided in 53-21-123 , finds that a short-term inpatient treatment is inappropriate for a person who otherwise is eligible for involuntary commitment to the Montana state hospital, the court may initiate the process necessary to determine eligibility to divert the person from the Montana state hospital by ordering involuntary commitment to a category D assisted living facility.

(5) For a person to be eligible for diversion from the Montana state hospital to a category D assisted living facility pursuant to subsection (4), a court determination and an examination under 53-21-123 must indicate that the person:

(a) meets the requirements of commitment;

(b) meets the eligibility requirements of 50-5-226 ; and

(c) has been approved for admission by a category D assisted living facility.

(6) (a) No later than 30 days before the end of a commitment period, the category D assisted living facility that approved a person for admission may provide notice to the court that the facility is no longer able to meet the treatment needs of the person committed to the facility's care.

(b) On receipt of the notice from a category D assisted living facility, the court shall initiate the process to determine if the person continues to meet the requirements under subsection (5) for diversion to a category D assisted living facility.

(c) If the person meets the requirements for commitment to a category D assisted living facility under subsection (5), but no category D assisted living facility has approved the person for admission, the court may commit the person to the Montana state hospital subject to the provisions of 53-21-127 .
Mont. Code Ann. § 53-4-704 — MT Code / Title 53 / Chapter 4 / Part 7 / Section 53-4-704
53-4-704 Placement of cash assistance recipients for purpose of training
Status: in_force

53-4-704 . Placement of cash assistance recipients for purpose of training. (1) The department or a person designated by the department may place an individual receiving cash assistance into a position of employment with a public or private entity for the purpose of training the individual in the knowledge and skills necessary for the individual to become successfully employed.

(2) The department may, pursuant to subsection (1), place an individual into a position at a worksite only with the permission and assistance of the public or private entity at the worksite under a written training agreement between the department and the entity.

(3) The placement of an individual into a position at a public or private worksite pursuant to subsection (1) is only for the purpose of training the individual in employment knowledge and skills and is not for the purpose of providing paid employment for the individual. The placement may not supplant an existing employment position or another individual already employed at the worksite. Placement of the individual at the public or private worksite pursuant to subsection (1) should last no longer than is necessary to achieve the employment training purposes of the program.

(4) The private or public entity where an individual is placed pursuant to subsection (1) may choose whether or not to later employ the individual after the conclusion of the individual's training.
Mont. Code Ann. § 53-21-147 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-147
53-21-147 Right not to be subjected to experimental research
Status: in_force

53-21-147 . Right not to be subjected to experimental research. (1) Patients have a right not to be subjected to experimental research without the express and informed consent of the patient, if the patient is able to give consent, and of the patient's guardian, if any, and the friend of respondent appointed by the court after opportunities for consultation with independent specialists and with legal counsel. If there is no friend of respondent or if the friend of respondent appointed by the court is no longer available, then a friend of respondent who is in no way connected with the facility, the department, or the research project must be appointed prior to the involvement of the patient in any experimental research. At least 10 days prior to the commencement of experimental research, the facility shall send notice of intent to involve the patient in experimental research to the patient, the patient's next of kin, if known, the patient's legal guardian, if any, the attorney who most recently represented the patient, and the friend of respondent appointed by the court.

(2) The proposed research must have been reviewed and approved by the mental disabilities board of visitors before consent may be sought. Prior to approval, the board shall determine that the research complies with the principles of the statement on the use of human subjects for research of the American association on mental deficiency and with the principles for research involving human subjects required by the United States department of health and human services for projects supported by that agency.

(3) A patient has the right to appropriate protection before participating in an experimental treatment, including the right to a reasonable explanation of the procedure to be followed, expected benefits, relative advantages, and the potential risks and discomforts of any experimental treatment. A patient has the right to revoke at any time consent to an experimental treatment.
Mont. Code Ann. § 53-6-117 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-117
53-6-117 Participation requirements
Status: in_force

53-6-117 . Participation requirements. (1) The department of public health and human services may require medicaid recipients to participate in a managed care system.

(2) Recipients who are required by the department to participate in a managed care system shall participate as required in order to remain eligible for medicaid.

(3) The department may require the participation of medicaid recipients in managed care systems based upon geographical, financial, social, medical, and other factors as the department may determine are relevant to the development and efficient management of managed care systems.
Mont. Code Ann. § 53-30-601 — MT Code / Title 53 / Chapter 30 / Part 6 / Section 53-30-601
53-30-601 Policy
Status: in_force

53-30-601 . Policy. It is the policy of the state of Montana to encourage innovative methods to provide the correctional resources necessary to confine persons convicted of crimes. The state recognizes that there may be benefits to confining convicted persons in private correctional facilities operated consistently with public policy.
Mont. Code Ann. § 53-6-197 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-197
53-6-197 Abortion coverage
Status: in_force

53-6-197 . Abortion coverage. (1) Coverage under the Montana medicaid program for physician services for abortion is allowed only if the abortion is performed by a physician and only if:

(a) the life of the mother will be endangered if the fetus is carried to term;

(b) the pregnancy is the result of an act of rape or incest; or

(c) the abortion is medically necessary.

(2) To receive medicaid reimbursement for physician services for an abortion described in subsection (1)(a), a physician shall certify that the woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy, that would place the woman in danger of death unless an abortion is performed.

(3) To receive medicaid reimbursement for physician services for an abortion described in subsection (1)(c), a physician shall certify that, although the woman is not in danger of death unless an abortion is performed, the woman suffers from:

(a) a physical condition that would be significantly aggravated by the pregnancy; or

(b) a severe mental illness or intellectual disability that would be significantly aggravated by the pregnancy.

(4) Prior authorization is required for physician services for abortion. If prior authorization is not obtained because of an emergency, a claim for payment must undergo post-service, prepayment review. Prior authorization is not required for treatments for incomplete abortion, miscarriage, or septic abortion.

(5) The following supporting documentation must be submitted for an abortion described in subsection (1)(a) or (1)(c), either with the prior authorization request or with any claim for payment for which prior authorization was not received:

(a) the woman's medical history, including:

(i) age, current medications, medical conditions, and allergies;

(ii) number of pregnancies and number of live births;

(iii) last menstrual period and the status and results of any pregnancy test;

(iv) chronic illnesses and surgeries;

(v) behavioral health issues;

(vi) smoking and substance abuse; and

(vii) obstetric history;

(b) a brief review of systems to identify symptoms the woman may be experiencing;

(c) the results of a physical examination, including vital signs, heart, lungs, abdomen, extremities, and, if imaging is not available, estimate of gestational age;

(d) if available, results of laboratory tests, including rh factor, hemoglobin, and human chorionic gonadotropin;

(e) if available, imaging to estimate gestational age;

(f) documentation that:

(i) the diagnosis of the condition leading to a determination that an abortion is necessary was made by a medical professional qualified by education, training, and experience to make the diagnosis; and

(ii) the woman is receiving care for the condition;

(g) the reason for the abortion procedure;

(h) for medication or chemical abortions, documentation confirming review of contraindications, adequate patient education, and compliance with the requirements of the medicaid physician-related services manual;

(i) the treatment plan; and

(j) the woman's signed informed consent for the proposed abortion procedure.

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

(a) "Abortion" has the meaning provided in 50-20-104 .

(b) "Physician" has the meaning provided in 37-3-102 .
Mont. Code Ann. § 53-6-1325 — MT Code / Title 53 / Chapter 6 / Part 13 / Section 53-6-1325
53-6-1325 Report to legislature
Status: in_force

53-6-1325 . Report to legislature. (1) The department shall report the following information to the legislative finance committee and the children, families, health, and human services interim committee quarterly:

(a) the number of individuals who were determined eligible for medicaid-funded services pursuant to 53-6-1304 ;

(b) demographic information on program participants;

(c) the average length of time that participants remained eligible for medical assistance;

(d) the number of participants subject to the fees provided for in 15-30-2660 and the total amount of fees collected;

(e) the amount of money deposited in the Montana HELP Act special revenue account, by source of funding;

(f) the level of participant engagement in wellness activities or incentives offered under this part;

(g) the number of participants who took part in community engagement activities, the number whose program participation was suspended for failure to take part in community engagement activities, and the number who were disenrolled from the program for failure to report a change in circumstances;

(h) the number of participants who reduced their dependency on the HELP Act program, either voluntarily or because of increased income levels; and

(i) the total cost of providing services under this part, including related administrative costs.

(2) A compilation of reports received during the interim must be provided to the legislature in accordance with 5-11-210 .
Mont. Code Ann. § 53-30-708 — MT Code / Title 53 / Chapter 30 / Part 7 / Section 53-30-708
53-30-708 Mental health status review
Status: in_force

53-30-708 . Mental health status review. (1) When a housing or management unit exists for adult or youth inmates with a mental disorder, procedures adopted pursuant to 53-30-703 (7) must provide for placements, assessments, specialized treatments, program services, and scheduled case reviews by qualified mental health professionals in accordance with policies established by the department.

(2) Upon notification that an inmate has been placed in restrictive housing, a qualified health care professional will review the inmate's health record. If an existing medical, mental health, or dental need requires accommodation, custody staff must be notified.

(3) When reviewing the health records of an inmate with a mental disorder who has been placed in restrictive housing, a qualified health care professional shall notify mental health staff. This review and notification must be documented in the inmate's health record.

(4) The procedures established pursuant to 53-30-703 (7) must provide that an inmate entering restrictive housing must be seen and assessed by a qualified mental health professional or health care professional, in accordance with the national commission on correctional health care standards. Each contact must be documented in the inmate's record, and the notation must contain, at a minimum, a status report and the date and time of the contact. Individual documentation must be filed in the inmate's medical and mental health records.

(5) A qualified mental health professional shall complete a mental health appraisal within the period set by American correctional association standards after an inmate's placement in restrictive housing. The appraisal may include a mental health review that has been completed by health care personnel at the time the inmate is placed in restrictive housing. If confinement continues beyond 30 days, a qualified mental health professional shall complete an updated mental health appraisal with the frequency set by American correctional association standards for an inmate with a diagnosed mental disorder and more frequently if clinically indicated. For an inmate without a mental disorder, the appraisal must be completed with the frequency set by American correctional association standards and more frequently if clinically indicated. The mental health appraisal must be conducted in a manner that ensures confidentiality. Dissemination of any information obtained in the mental health appraisal must be for the limited purpose of institutional safety and security.

(6) An inmate diagnosed with a severe mental illness may not be placed in restrictive housing for more than 14 days unless a multidisciplinary service team determines there is an immediate and present danger to others or to the safety of the institution. If an inmate with a severe mental illness is placed in restrictive housing, the inmate must be provided with an active individualized treatment plan that includes weekly monitoring by mental health staff, treatment as necessary, and steps to facilitate the transition of the inmate back into the general population.
Mont. Code Ann. § 53-10-101 — MT Code / Title 53 / Chapter 10 / Part 1 / Section 53-10-101
53-10-101 Not codified
Status: in_force

53-10-101 . Not codified.
Mont. Code Ann. § 53-24-207 — MT Code / Title 53 / Chapter 24 / Part 2 / Section 53-24-207
53-24-207 Comprehensive program for treatment
Status: in_force

53-24-207 . Comprehensive program for treatment. (1) The department shall establish a comprehensive and coordinated program for the treatment of chemically dependent persons, intoxicated persons, and family members.

(2) The program must include:

(a) emergency treatment provided by a facility affiliated with or part of the medical service of a general hospital;

(b) inpatient treatment;

(c) intermediate treatment;

(d) outpatient treatment; and

(e) followup services.

(3) The department shall provide for adequate and appropriate treatment for alcoholics and intoxicated persons admitted under 53-24-301 through 53-24-303 .

(4) All appropriate public and private resources must be coordinated with and used in the program if possible.

(5) The department shall prepare, publish, and distribute annually a list of all approved public and private treatment facilities.
Mont. Code Ann. § 53-6-2101 — MT Code / Title 53 / Chapter 6 / Part 21 / Section 53-6-2101
53-6-2101 Terminated
Status: in_force

53-6-2101 . Terminated. Sec. 7, Ch. 265, L. 2015.
Mont. Code Ann. § 53-1-712 — MT Code / Title 53 / Chapter 1 / Part 7 / Section 53-1-712
53-1-712 State special revenue fund 2-1-1 account
Status: in_force

53-1-712 . State special revenue fund 2-1-1 account. There is a 2-1-1 account in the state special revenue fund. Money in the account may be spent only after appropriation. The 2-1-1 account must include any funding for the statewide 2-1-1 system as appropriated by the legislature or received through private contributions and other sources. Expenditures from the 2-1-1 account may be used only for the implementation and support of the statewide 2-1-1 system. Monetary savings realized by the department when converting existing resource and referral lines to the statewide 2-1-1 system must be deposited in the special revenue account.
Mont. Code Ann. § 53-25-104 — MT Code / Title 53 / Chapter 25 / Part 1 / Section 53-25-104
53-25-104 Program administration -- rulemaking
Status: in_force

53-25-104 . Program administration -- rulemaking. (1) There is a Montana achieving a better life experience program. The department shall ensure that the program meets the requirements for an achieving a better life experience program under section 529A of the Internal Revenue Code, 26 U.S.C. 529A. The program administrator may request a private letter ruling from the internal revenue service or the United States secretary of health and human services and shall take any necessary steps to ensure that the program qualifies under federal law.

(2) The department may contract with an independent service provider as program administrator, in consultation with the committee. In considering potential independent service providers, the department shall consider each prospective provider's prior experience with disabled individuals and programs for disabled individuals, along with its other qualifications. If the department appoints one of its employees to act as program administrator, the department may contract with independent service providers to provide services including but not limited to establishing accounts, providing information about investment choices, meeting notice requirements, providing account statements, and other services typically utilized by investment and savings plans. The department may require participating financial institutions to pay the costs of the independent service provider.

(3) The department shall:

(a) establish by rule the terms and conditions of the program subject to the requirements of this chapter and section 529A of the Internal Revenue Code, 26 U.S.C. 529A;

(b) as required under section 529A(d) of the Internal Revenue Code, 26 U.S.C. 529A(d), require the program administrator to submit:

(i) upon the establishment of each account, a notice to the United States secretary of the treasury containing the name and state of residence of the designated beneficiary and any other information the secretary may require; and

(ii) electronically on a monthly basis to the United States commissioner of social security, statements on the relevant distributions and account balances of all accounts in the state.

(4) The department may allow the residents of other states access to the program.
Mont. Code Ann. § 53-6-413 — MT Code / Title 53 / Chapter 6 / Part 4 / Section 53-6-413
53-6-413 Substantive changes to waiver provisions -- rulemaking requirements -- definition
Status: in_force

53-6-413 . Substantive changes to waiver provisions -- rulemaking requirements -- definition. (1) The department may not make a substantive change to the services offered under an approved waiver or to the eligibility requirements or process for waiver participants unless the department:

(a) adopts rules to implement the changes; and

(b) if necessary, submits a waiver amendment to the centers for medicare and medicaid services and receives approval for the change.

(2) (a) For the purposes of this section, "substantive change" means a change that:

(i) reduces, limits, or otherwise establishes caps on the amount or duration of a service; or

(ii) limits a person's ability to access waiver services.

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

(i) preauthorization before a service is provided;

(ii) preauthorization before an individual is placed on the waiting list for services; or

(iii) that services be used within a specific, shorter time period than previously allowed.
Mont. Code Ann. § 53-6-1501 — MT Code / Title 53 / Chapter 6 / Part 15 / Section 53-6-1501
53-6-1501 Short title
Status: in_force

53-6-1501 . Short title. This part may be cited as the "Prompt Cost Report Reimbursement Act".
Mont. Code Ann. § 53-20-164 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-164
53-20-164 Resident labor
Status: in_force

53-20-164 . Resident labor. The following rules govern resident labor:

(1) A resident may not be required to perform labor that involves the operation and maintenance of the facility or for which the facility is under contract with an outside organization. Privileges or release from the facility may not be conditioned upon the performance of labor covered by this provision. Residents may voluntarily engage in the labor described in this subsection if the labor is compensated in accordance with the minimum wage laws of the Fair Labor Standards Act of 1938, 29 U.S.C. 206, as amended.

(2) A resident may not be involved in the feeding, clothing, bathing, training, or supervision of other residents unless the resident:

(a) has volunteered;

(b) has been specifically trained in the necessary skills;

(c) has the humane judgment required for the activities;

(d) is adequately supervised; and

(e) is reimbursed in accordance with the minimum wage laws of the Fair Labor Standards Act of 1938, 29 U.S.C. 206, as amended.

(3) Residents may be required to perform vocational training tasks that do not involve the operation and maintenance of the facility, subject to a presumption that an assignment of longer than 3 months to any task is not a training task, provided that the specific task or any change in task assignment is:

(a) an integrated part of the resident's habilitation plan and approved as a habilitation activity by the qualified intellectual disability professional and the individual treatment planning team responsible for supervising the resident's habilitation; and

(b) supervised by a staff member to oversee the habilitation aspects of the activity.

(4) Residents may voluntarily engage in habilitative labor at nonprogram hours for which the facility would otherwise have to pay an employee if the specific labor or any change in labor is:

(a) an integrated part of the resident's habilitation plan and approved as a habilitation activity by the qualified intellectual disability professional and the individual treatment planning team responsible for supervising the resident's habilitation;

(b) supervised by a staff member to oversee the habilitation aspects of the activity; and

(c) compensated in accordance with the minimum wage laws of the Fair Labor Standards Act of 1938, 29 U.S.C. 206, as amended.

(5) If a resident performs habilitative labor that involves the operation and maintenance of a facility but due to physical or mental disability is unable to perform the labor as efficiently as a person not so physically or mentally disabled, then the resident may be compensated at a rate that bears the same approximate relation to the statutory minimum wage as the resident's ability to perform that particular job bears to the ability of a person not so afflicted.

(6) Residents may be required to perform tasks of a personal housekeeping nature, such as the making of one's own bed.

(7) Deductions or payments for care and other charges may not deprive a resident of a reasonable amount of the compensation received pursuant to this section for personal and incidental purchases and expenses.

(8) Staffing must be sufficient so that the facility is not dependent upon the use of residents or volunteers for the care, maintenance, or habilitation of other residents or for income-producing services. The facility shall formulate a written policy to protect the residents from exploitation when they are engaged in productive work.
Mont. Code Ann. § 53-18-105 — MT Code / Title 53 / Chapter 18 / Part 1 / Section 53-18-105
53-18-105 Special account
Status: in_force

53-18-105 . Special account. There is created within the self-sufficiency trust account a special account for the disabled. The director of the department may accept money from any source for deposit into the special account. The money in the special account must be used by the department, subject to appropriation, for the purpose of providing for the care and treatment of low-income persons with developmental disabilities, mental illness, or physical disabilities or low-income persons otherwise eligible for department services, as defined by the department.
Mont. Code Ann. § 53-6-178 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-178
53-6-178 Department right of recovery -- limitations
Status: in_force

53-6-178 . Department right of recovery -- limitations. (1) Except as provided in 53-6-180 , 53-6-182 , and this section, the department may collect upon its lien as provided in 53-6-171 through 53-6-188 .

(2) The department may not recover upon a lien imposed on the recipient's home under 53-6-171 while the recipient's sibling or child who has resided lawfully and continuously in the home for at least 18 months immediately before the recipient's institutionalization continues to lawfully reside in the home. This subsection does not preclude the department from recovering under 53-6-167 , 53-6-168 , or 53-6-169 .

(3) The department may not recover on a lien imposed under 53-6-171 while there is a surviving spouse of the recipient or while there is a surviving child of the recipient who is under 21 years of age, blind, or permanently and totally disabled. This subsection does not preclude the department from later recovery in accordance with 53-6-181 .
Mont. Code Ann. § 53-6-1010 — MT Code / Title 53 / Chapter 6 / Part 10 / Section 53-6-1010
53-6-1010 Specifications for administration of program
Status: in_force

53-6-1010 . Specifications for administration of program. (1) The department shall adopt specifications for the administration and management of the program. Specifications may include but are not limited to program objectives, accounting and handling practices, supervisory authority, and an evaluation methodology.

(2) Information disclosed by manufacturers during negotiations and all terms and conditions negotiated between the director and manufacturers and all information requested or required under the program are public information, except for information that the department determines is proprietary information.

(3) The department may use a formulary or other committee to determine preferred drug lists for department programs. The department shall include a representative of consumers on any formulary committee or committee to determine preferred drug lists for purchase by the department or reimbursement of costs. Any formulary or preferred drug list must be based on objective clinical data on safety and effectiveness. If two or more drugs are found to be equally effective and safe for the treatment of the same medical condition, the drug available at the lowest net price, inclusive of discounts and rebates, must be placed on the list. Other drugs for treating the same medical condition may be added to the list if they are therapeutically equivalent and the department determines them to be cost-effective.

(4) The department may negotiate rebates from the prescription drug manufacturers for drugs that will be on any preferred drug list. The department may negotiate price discounts with prescription drug manufacturers for any state-purchased health care programs, including medicaid, the state children's health insurance program, and the program provided for in 53-6-1002 .

(5) The department may use the access restrictions and a preferred drug list to negotiate for the most favorable discount prices and rebates for the program.

(6) The department may participate in multistate purchasing pool initiatives for the benefit of the program.
Mont. Code Ann. § 53-6-1407 — MT Code / Title 53 / Chapter 6 / Part 14 / Section 53-6-1407
53-6-1407 Audit education and training
Status: in_force

53-6-1407 . Audit education and training. In order to carry out the requirements of 53-6-160 (6) and to reduce claims errors, the department shall provide:

(1) educational and training programs for providers at least twice a year to discuss a summary of audit results, common issues and problems, mistakes identified through audits, and opportunities for improvement in provider performance related to claims billings and documentation; and

(2) information on the department's website regarding recurring audit issues, including at a minimum a description of each recurring audit issue, the types of providers affected, the review period in which the audit issues occurred, and any applicable department policy or rule related to the issue.
Mont. Code Ann. § 53-21-1321 — MT Code / Title 53 / Chapter 21 / Part 13 / Section 53-21-1321
53-21-1321 Explicit authorization required for certain treatment
Status: in_force

53-21-1321 . Explicit authorization required for certain treatment. Electroconvulsive therapy or surgical or experimental treatment may be provided to a principal after a determination of incapacity only if the directive explicitly consents to the particular therapy or treatment.
Mont. Code Ann. § 53-1-412 — MT Code / Title 53 / Chapter 1 / Part 4 / Section 53-1-412
53-1-412 Collections from estates
Status: in_force

53-1-412 . Collections from estates. (1) The department has a claim against the estate of a resident and against the estate of a financially responsible person for the amounts that the department determined that the resident or financially responsible person was able to pay under 53-1-405 , less any amounts actually paid by the resident, a financially responsible person, or a third party.

(2) The fact that a managed care organization contracting with the department to administer a mental health managed care program is or may be liable to pay or has paid an amount to an institution with respect to the resident does not reduce or otherwise affect the estate's obligation to pay for the cost of care as provided in this part.

(3) Except as provided in subsection (4), the department's claim under this section is enforceable against an estate after the death of a resident or financially responsible person. The department's claim is timely if presented within the time specified in the published notice to creditors in the probate proceeding.

(4) The department's claim under subsection (1) may be enforced only to the extent that enforcement does not deprive a surviving spouse or dependent child or parent of the resident or financially responsible person of:

(a) an amount necessary for reasonable living expenses or educational expenses; or

(b) real estate while it is occupied as a home by the surviving spouse or dependent child or parent of the resident or financially responsible person.
Mont. Code Ann. § 53-6-109 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-109
53-6-109 Consistent regulation of long-term care facilities -- rulemaking authority -- timeframes
Status: in_force

53-6-109 . Consistent regulation of long-term care facilities -- rulemaking authority -- timeframes. (1) In order to provide more consistent regulation of long-term care facilities that provide intermediate and skilled nursing care statewide, the department shall adopt rules in consultation with long-term care provider groups, the long-term care ombudsman, as described in 52-3-603 , and appropriate consumer groups that:

(a) define the following terms used in the survey and certification process for long-term care facilities that provide intermediate and skilled nursing care:

(i) actual harm;

(ii) potential for more than minimal harm;

(iii) avoidable;

(iv) unavoidable; and

(v) immediate jeopardy;

(b) define an informal dispute resolution process to provide nursing homes with an opportunity to respond to survey findings and deficiency citations that are believed to be made in error. The rules must be consistent with the purpose of informal dispute resolution that is intended to give the provider an opportunity to demonstrate that a deficiency has been applied in error or is a misjudgment of true facts. The objective of the process is to avoid the imposition of unnecessary sanctions and to diminish the need for formal administrative hearings with the state, as provided for in 53-6-108 , or the federal government agencies that are responsible for the enforcement of remedies. The process must provide for an objective review of the raised issues by an individual who is independent of the survey process and who can evaluate the legal sufficiency of the findings of the surveyors. The department shall provide a written determination of the outcome of the informal dispute resolution process within 60 days from the date that the dispute is submitted to the individual conducting the dispute resolution process. As used in this subsection (1)(b), "submitted" means that the provider and any other party to the dispute have provided their final position statements or arguments to the individual conducting the dispute resolution process, along with any supporting documents, within the time established by that individual.

(c) define standards for survey determinations in which the surveyors question the efficacy of orders for drugs and treatments made by a resident's attending physician. The standards must recognize that a written physician's order provides evidence of medical necessity and the appropriateness of the drugs and treatments ordered, unless the survey agency alleges substandard practice by the physician. The standards must provide for the reporting of any substandard practice of a physician to the board of medical examiners by the surveyors. The standards must outline a facility's responsibilities in monitoring drugs and treatments ordered for residents and for consulting with the attending physician as appropriate.

(2) The department shall inform long-term care facilities of the results of any survey, certification survey, complaint survey, or postsurvey revisit within 10 working days of the last date of the survey on the form provided by the centers for medicare and medicaid services for that purpose.
Mont. Code Ann. § 53-6-709 — MT Code / Title 53 / Chapter 6 / Part 7 / Section 53-6-709
53-6-709 Legislative auditor -- oversight
Status: in_force

53-6-709 . Legislative auditor -- oversight. (1) In order to prevent, detect, and eliminate fraud, waste, abuse, mismanagement, and misconduct and to determine that the program is administered fairly and effectively, the legislative auditor shall oversee the managed care covered by this part.

(2) A medical provider may not be compelled to provide individual medical records of patients unless the records are provided in accordance with the provisions of the Government Health Care Information Act. State and local governmental agencies shall provide the requested information, assistance, or cooperation.

(3) All activities conducted by the legislative auditor must be conducted in a manner that ensures the preservation of evidence for use in criminal prosecutions. The legislative auditor may present for prosecution the findings of any activity to the office of the attorney general or to United States attorneys in Montana.

(4) The legislative auditor shall report all convictions, terminations, and suspensions taken against vendors, contractors, and health care providers to the department and to any agency responsible for licensing or regulating those persons or entities.

(5) The legislative auditor shall make periodic reports, findings, and recommendations regarding its oversight activities authorized by this section.

(6) This part does not limit investigations by the department that may otherwise be required by law or that may be necessary in the department's capacity as the central administrative authority responsible for administration of public aid programs in this state.
Mont. Code Ann. § 53-20-505 — MT Code / Title 53 / Chapter 20 / Part 5 / Section 53-20-505
53-20-505 Disposition of facility
Status: in_force

53-20-505 . Disposition of facility. Section 53-20-504 does not prohibit the disposition of the facility as provided in 77-2-302 if an appropriate use for the facility cannot be found by the department of public health and human services.
Mont. Code Ann. § 53-7-206 — MT Code / Title 53 / Chapter 7 / Part 2 / Section 53-7-206
53-7-206 Rulemaking
Status: in_force

53-7-206 . Rulemaking. For the purposes of providing supervised work programs and support services for persons with severe disabilities, the department may adopt rules necessary for the administration of such programs. Rules adopted may include but are not limited to rules regarding eligibility for services, certification of services, program staffing, staff training, service goals and design, quality of services, recipient placement procedures, individual service plans, recipient rights and privileges, recipient grievance procedures, fair hearings, provider relationships, provider accounting procedures, and definitions necessary to implement this part.
Mont. Code Ann. § 53-21-180 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-180
53-21-180 Discharge plan
Status: in_force

53-21-180 . Discharge plan. Each patient admitted as an inpatient to a mental health facility must have an individualized discharge plan developed within 10 days after admission. The discharge plan must be updated as necessary. Each individualized discharge plan must contain:

(1) an anticipated discharge date;

(2) criteria for discharge;

(3) identification of the facility staff member responsible for discharge planning;

(4) identification of the community-based agency or individual who is assisting in arranging postdischarge services;

(5) referrals for financial assistance needed by the patient upon discharge; and

(6) other information necessary to ensure an appropriate discharge and adequate postdischarge services.
Mont. Code Ann. § 53-20-125 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-125
53-20-125 Outcome of screening -- recommendation for commitment or imposition of community treatment plan -- hearing
Status: in_force

53-20-125 . Outcome of screening -- recommendation for commitment or imposition of community treatment plan -- hearing. (1) A court may commit a person to a residential facility or impose a community treatment plan only if the person:

(a) is 18 years of age or older; and

(b) is determined to be seriously developmentally disabled and in need of commitment to a residential facility or imposition of a community treatment plan by the residential facility screening team, as provided in 53-20-133 , and by a court, as provided in 53-20-129 or in this section.

(2) After the screening required by 53-20-133 , the residential facility screening team shall file its written recommendation and report with the court. The report must include the factual basis for the recommendation and must describe any tests or evaluation devices that have been employed in evaluating the respondent. The residential facility screening team shall provide to the court, the county attorney, the respondent's attorney, and any other party requesting it the social and placement information that the team relied on in making its determination.

(3) The residential facility team may recommend commitment to a specific residential facility.

(4) Notice of the determination of the residential facility screening team must be mailed or delivered to:

(a) the respondent;

(b) the respondent's parents, guardian, or next of kin, if known;

(c) the responsible person;

(d) the respondent's advocate, if any;

(e) the county attorney;

(f) the residential facility to which the residential facility screening team has recommended commitment;

(g) the attorney for the respondent, if any; and

(h) the attorney for the parents or guardian, if any.

(5) The respondent, the respondent's parents or guardian, the responsible person, the respondent's advocate, if any, or the attorney for any party may request that a hearing be held on the recommendation of the residential facility screening team. The request for a hearing must be made in writing within 15 days of service of the report.

(6) Notice of the hearing must be mailed or delivered to each of the parties listed in subsection (5).

(7) The hearing must be held before the court without jury. The rules of civil procedure apply.

(8) Upon receiving the report of the residential facility screening team and after a hearing, if one is requested, the court shall enter findings of fact and take one of the following actions:

(a) If both the residential facility screening team and the court find that the respondent is seriously developmentally disabled and in need of commitment to a residential facility, the court shall order the respondent committed to a residential facility for an extended course of treatment and habilitation, subject to the provisions of subsection (12).

(b) If both the residential facility screening team and the court find that the respondent is seriously developmentally disabled but either the residential facility screening team or the court finds that a less restrictive community treatment plan has been proposed, the court may impose a community treatment plan that meets the conditions set forth in 53-20-133 (4). If the court finds that a community treatment plan proposed by the parties or recommended by the residential facility screening team does not meet the conditions set forth in 53-20-133 (4), it may order the respondent committed to a residential facility. 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).

(c) If either the residential facility screening team or the court finds that the respondent has a developmental disability but is not seriously developmentally disabled, the court shall dismiss the petition and refer the respondent to the department of public health and human services to be considered for placement in voluntary community-based services according to 53-20-209 .

(d) If either the residential facility screening team or the court finds that the respondent does not have a developmental disability or is not in need of developmental disabilities services, the court shall dismiss the petition.

(9) (a) If the residential facility screening team recommends commitment to a residential facility or imposition of a community treatment plan and none of the parties notified of the recommendation request a hearing within 15 days of service of the screening team's report, the court may:

(i) issue an order committing the respondent to the residential facility for an extended period of treatment and habilitation;

(ii) issue an order imposing a community treatment plan that the court finds meets the conditions set forth in 53-20-133 (4); or

(iii) initiate its own inquiry as to whether an order should be granted.

(b) 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 in 53-20-133 (4)(c) and (4)(d).

(10) The court may refuse to authorize commitment of a respondent to a residential facility for an extended period of treatment and habilitation if commitment is not in the best interests of the respondent.

(11) A court order entered in a proceeding under this part must be provided to the residential facility screening team.

(12) (a) A court may not commit a respondent to a residential facility unless the facility has confirmed in writing that admission of the respondent will not cause the census at the residential facility to exceed its licensed capacity.

(b) After December 31, 2016, a court may not commit a respondent to the Montana developmental center.
Mont. Code Ann. § 53-2-1217 — MT Code / Title 53 / Chapter 2 / Part 12 / Section 53-2-1217
53-2-1217 Incumbent worker training program criteria for applicants
Status: in_force

53-2-1217 . Incumbent worker training program criteria for applicants. (1) An employer applying for an incumbent worker training program grant must:

(a) have been in business in this state for a minimum of 1 year; and

(b) have a need for training incumbent workers.

(2) An employer may apply for an incumbent worker training program grant. The employer shall agree to the following conditions as a condition of receiving the grant:

(a) The employer shall purchase, through an eligible training provider, certified education or skills-based training for incumbent workers in existing jobs.

(b) (i) The employer shall contribute to the cost of the training. Except for out-of-state travel and lodging expenses as provided in subsection (2)(b)(iii), the employer may make in-kind contributions by paying wages to the worker who is being trained, pursuant to rule, when the worker is undergoing training and when engaged in necessary travel related to that training.

(ii) The employer shall pay at least 20% of the cost of the training purchased by the employer.

(iii) The employer shall pay at least 20% of approved transportation costs and lodging expenses incurred when the training is provided within Montana. The employer shall pay at least 50% of the approved transportation costs and lodging expenses incurred when the training is provided outside of Montana.

(c) The employer shall provide evidence to the department that training was completed.

(3) An incumbent worker training program grant application must contain at a minimum:

(a) information that provides an adequate understanding of the applicant's business and the training objective;

(b) a description of the eligible training provider's proposed curriculum, resources, methods, and duration of training;

(c) a list of incumbent workers to be trained and their current job descriptions and base wage rates plus the expected wage rates after training; and

(d) any other information required by rule by the department that is similar to information required for other employment-related grants.
Mont. Code Ann. § 53-21-1016 — MT Code / Title 53 / Chapter 21 / Part 10 / Section 53-21-1016
53-21-1016 Incentive program -- rulemaking
Status: in_force

53-21-1016 . Incentive program -- rulemaking. (1) The department shall develop an incentive program to provide additional financial support to certified community behavioral health clinics that demonstrate exceptional quality outcome measures.

(2) The department shall adopt rules to implement this section.
Mont. Code Ann. § 53-1-110 — MT Code / Title 53 / Chapter 1 / Part 1 / Section 53-1-110
53-1-110 Disposition of inmate trust account funds and tangible personal property
Status: in_force

53-1-110 . Disposition of inmate trust account funds and tangible personal property. (1) A state inmate who is incarcerated in a state prison, as defined in 53-30-101 , shall complete a department form designating a beneficiary by name. The beneficiary is entitled to the inmate's trust account funds and to the tangible personal property located on the state prison premises if the inmate dies while incarcerated at the state prison.

(2) The department shall develop a form conforming to the requirements of 72-2-522 (2) to provide for the disposition of the inmate's trust account funds and tangible personal property. The form must conspicuously state that the inmate may modify or revoke the instrument at any time if the inmate makes a request to the warden or the warden's designee.

(3) (a) The department shall distribute a deceased inmate's trust account funds and tangible personal property to the beneficiary in accordance with the terms of the form and may not require other processes to distribute the funds.

(b) If the inmate's beneficiary or other person with priority under 37-19-904 refuses to take custody of the inmate's remains and the department pays for the cremation or burial, the costs of the disposition of the remains must be deducted from the inmate's trust account.

(c) The department may not deduct funds from the deceased inmate's trust account on or after the inmate's date of death to be applied to inmate obligations provided for in 53-1-107 .

(d) The department may not distribute trust account funds until at least 45 days after the inmate's death to ensure that any accrued earnings or refunds that are due to the inmate are properly credited to the inmate's trust account before distribution.

(4) A department employee may not be named as beneficiary unless the employee is the inmate's next of kin.

(5) If the department cannot locate the inmate's designated beneficiary within a reasonable period of time after the inmate's death, the department shall transfer the inmate's trust account funds to the department of revenue in accordance with Title 70, chapter 9, part 8, and the tangible personal property items may be destroyed.
Mont. Code Ann. § 53-21-111 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-111
53-21-111 Voluntary admission -- content of admission form -- requirements for valid admission
Status: in_force

53-21-111 . Voluntary admission -- content of admission form -- requirements for valid admission. (1) (a) This part may not be construed to limit the right of a person to make voluntary application for admission at any time to a mental health facility or professional person.

(b) An application for admission to a mental health facility must be in writing on a form prescribed by the facility. The form must explain:

(i) the process for requesting release and that the request must be in writing;

(ii) that the individual applying for release may be held involuntarily for up to 5 days after requesting release; and

(iii) that the facility may request a court to involuntarily commit the applicant.

(c) A statement of the rights of the person voluntarily applying for admission, as set out in this part, must be furnished to the patient within 12 hours.

(2) An applicant who wishes to voluntarily apply for admission to the state hospital shall first obtain certification from a professional person that the applicant is suffering from a mental disorder. The professional person shall then obtain confirmation from the department or the department's designee that the facilities available to the mental health region in which the applicant resides are unable to provide adequate evaluation and treatment. The department shall adopt rules to establish a procedure whereby a professional person shall obtain the confirmation from the department or the department's designee as required in this section.

(3) An application for voluntary admission must give the facility the right to detain the applicant for no more than 5 days, excluding weekends and holidays, past the applicant's written request for release. A mental health facility may adopt rules providing for detention of the applicant for less than 5 days. The facility shall notify all applicants of the rules and post the rules as provided in 53-21-168 .

(4) An individual applying for voluntary admission pursuant to this section may not be admitted unless:

(a) the admission is approved by a professional person;

(b) the individual applying for admission has been informed orally of the matters required by subsection (1)(b) to be stated in the written application for admission;

(c) a copy of the written application for admission has been given to the applicant; and

(d) the admission otherwise complies with the requirements of this section.

(5) A person voluntarily entering or remaining in a mental health facility shall enjoy all the rights secured to a person involuntarily committed to the facility.
Mont. Code Ann. § 53-30-707 — MT Code / Title 53 / Chapter 30 / Part 7 / Section 53-30-707
53-30-707 Admission -- status review
Status: in_force

53-30-707 . Admission -- status review. (1) The procedures established by an adult facility as required in 53-30-703 (7) must include:

(a) a documented process to admit an inmate to a restrictive housing unit. An inmate may be admitted for protective custody only when there is documentation that this status is warranted and no reasonable alternatives were available.

(b) a status review of an inmate in administrative segregation and protective custody every 7 days for the first 60 days of the inmate's placement and at least every 30 days after the first 60 days. The reviews must be conducted by a classification committee or other staff group.

(c) that, in nonemergent circumstances, an inmate may not be disciplined, placed on a behavior management plan, classified, or reclassified to a restrictive housing unit based on the inmate's disability or mental disorder or on behavior that is a product of the inmate's disability or mental disorder unless the placement is after a prompt and appropriate evaluation by a qualified mental health professional;

(d) a documented review process to release an offender from administrative segregation or protective custody;

(e) that an inmate may not be placed in prehearing confinement or in restrictive housing based solely on the inmate's disability or mental disorder or on behavior that is a product of the inmate's disability or mental disorder unless, after a prompt and appropriate evaluation by a qualified mental health professional, the qualified mental health professional determines that the inmate presents such an immediate and serious danger that there is no reasonable alternative. If the inmate is placed in prehearing confinement or in restrictive housing, the inmate must be evaluated by a qualified mental health professional within 48 hours and regularly reevaluated every 14 days with the goal of securing appropriate treatment and reintegrating the inmate into the general population.

(f) that a hearing by a disciplinary committee or a hearings officer must be completed before an inmate is placed in disciplinary detention for a rule violation; and

(g) that an inmate held in disciplinary detention for a period exceeding 60 days must be provided the same program services and privileges as inmates in administrative segregation or protective custody. The administrator or the administrator's designee shall review and approve the services and privileges to be allowed under this subsection (1)(g).

(2) A new adult inmate placed directly into restrictive housing will receive written orientation materials and, if required, translations in the inmate's own language. When a literacy problem exists, a staff member may assist the inmate in understanding the material. Completion of orientation must be documented by a statement signed and dated by the inmate.
Mont. Code Ann. § 53-24-208 — MT Code / Title 53 / Chapter 24 / Part 2 / Section 53-24-208
53-24-208 Facility standards
Status: in_force

53-24-208 . Facility standards. (1) The department shall establish standards for approved treatment facilities that must be met for a treatment facility to be approved as a public or private treatment facility and fix the fees to be charged for the required inspections. The standards must be adopted by rule and may concern the health standards to be met and standards for the approval of treatment programs for patients.

(2) Facilities applying for approval shall demonstrate that a local need currently exists for proposed services.

(3) The department shall periodically inspect approved public and private treatment facilities at reasonable times and in a reasonable manner.

(4) The department shall maintain a list of approved public and private treatment facilities.

(5) Each approved public or private treatment facility shall, on request, file with the department data, statistics, schedules, and information that the department reasonably requires. An approved public or private treatment facility that without good cause fails to furnish any data, statistics, schedules, or information as requested or files fraudulent returns of the requested material must be removed from the list of approved treatment facilities.

(6) The department, after holding a hearing in accordance with the Montana Administrative Procedure Act, may suspend, revoke, limit, or restrict an approval or refuse to grant an approval for failure to meet its standards.

(7) A district court may restrain any violation of this section, review any denial, restriction, or revocation of approval, and grant other relief required to enforce its provisions.

(8) Upon petition of the department and after a hearing held upon reasonable notice to the facility, a district court may issue a warrant to the department authorizing it to enter and inspect at reasonable times and examine the books and accounts of any approved public or private treatment facility that refuses to consent to inspection or examination by the department or that the department has reasonable cause to believe is operating in violation of this chapter.

(9) If a rehabilitation facility otherwise meets the requirement in subsection (2), the department may consider as eligible for approval during the accreditation period any rehabilitation facility that furnishes written evidence, including the recommendation for future compliance statements, of accreditation of its programs by the commission on accreditation of rehabilitation facilities. The department shall inspect a facility considered eligible for approval under this section to ensure compliance with state approval standards.
Mont. Code Ann. § 53-21-1323 — MT Code / Title 53 / Chapter 21 / Part 13 / Section 53-21-1323
53-21-1323 Expiration
Status: in_force

53-21-1323 . Expiration. A directive is valid indefinitely unless the directive includes an expiration date. A directive that expires during a period of incapacity of the principal remains in effect until the principal's capacity is restored.
Mont. Code Ann. § 53-21-118 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-118
53-21-118 Right to examination by professional person of own choosing
Status: in_force

53-21-118 . Right to examination by professional person of own choosing. (1) The respondent, the respondent's attorney, or the friend of respondent appointed by the court may secure a professional person of the individual's own choice to examine the respondent and to testify at the hearing before the court or jury as to the results of the professional person's examination.

(2) If the person wishing to secure the testimony of a professional person is unable to do so because of financial reasons and if the respondent joins in the request for the examination, the court shall appoint a professional person other than the professional person requesting the commitment to perform the examination. Whenever possible, the court shall allow the respondent a reasonable choice of an available professional person qualified to perform the requested examination who will be compensated from the public funds of the county where the respondent resides.
Mont. Code Ann. § 53-6-908 — MT Code / Title 53 / Chapter 6 / Part 9 / Section 53-6-908
53-6-908 Terminated
Status: in_force

53-6-908 . Terminated. Sec. 1, Ch. 28, L. 1999.
Mont. Code Ann. § 53-20-131 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-131
53-20-131 Placement in nonstate facility
Status: in_force

53-20-131 . Placement in nonstate facility. (1) Consistent with other provisions of this part, a person admitted to a residential facility under this part for a period of more than 30 days may be committed by the court to the custody of friends or next of kin residing outside the state or transferred to an out-of-state facility for the habilitation of persons who are persons with developmental disabilities if the out-of-state facility agrees to receive the person. The commitment or transfer may not be for a longer period of time than is permitted within Montana. If the person is indigent, the expense of supporting the person in an out-of-state facility and the expense of transportation must be borne by the state of Montana.

(2) The transfer of persons admitted to a residential facility outside of Montana under the provisions of this part or into Montana under the laws of another jurisdiction must be governed by the provisions of the Interstate Compact on Mental Health.
Mont. Code Ann. § 53-21-1305 — MT Code / Title 53 / Chapter 21 / Part 13 / Section 53-21-1305
53-21-1305 Validity of appointment of agent
Status: in_force

53-21-1305 . Validity of appointment of agent. If the directive appoints an agent, the agent may accept the appointment by signing the directive. The agent's signature does not have to be witnessed, notarized, or otherwise validated. The lack of agent's signature does not affect the validity of the directive. The directive may provide for one or more alternate agents. The authority of the agent is in effect only after a determination of incapacity as provided in this part and only for as long as the period of incapacity.
Mont. Code Ann. § 53-6-1402 — MT Code / Title 53 / Chapter 6 / Part 14 / Section 53-6-1402
53-6-1402 Overpayment audit procedures -- provider records -- limitations on record requests and reviews -- onsite audits
Status: in_force

53-6-1402 . Overpayment audit procedures -- provider records -- limitations on record requests and reviews -- onsite audits. (1) When conducting an overpayment audit, the department or an auditor shall:

(a) allow the provider at least 30 days to comply with a request to provide records;

(b) include in a request for records adequate information to allow the provider to identify the particular records sought;

(c) allow providers to submit the requested records in an electronic format; and

(d) allow reasonable extensions of the 30-day compliance period for good cause.

(2) If an auditor is conducting an overpayment audit and requires the provider to provide records in a nonelectronic format, the auditor shall reimburse the provider for the cost of providing the records.

(3) (a) For an initial overpayment audit, the department or an auditor may request up to 6 months of records from a provider for claims paid by the medicaid program up to 3 years before the request was made.

(b) If the department or an auditor demonstrates a significant error rate, the department or the auditor with the department's approval may request additional records related to the issue under review for purposes of a followup audit.

(c) The 3-year limitation in subsection (3)(a) does not apply to a record request by the department or auditor for purposes of a followup audit but does apply to such a request by a recovery audit contractor.

(4) The department or an auditor may not request records or perform an overpayment audit regarding services that were provided outside the period of time for which providers are required by applicable law to retain records for purposes of the medicaid program.

(5) Except in cases of suspected fraud or criminal conduct, the department or an auditor may not schedule an onsite overpayment audit without first providing written notice at least 10 days in advance of the onsite audit. The department or auditor shall make a good faith effort to establish a mutually agreed-upon date and time for the onsite audit.
Mont. Code Ann. § 53-19-308 — MT Code / Title 53 / Chapter 19 / Part 3 / Section 53-19-308
53-19-308 Telecommunications relay service system -- requirements
Status: in_force

53-19-308 . Telecommunications relay service system -- requirements. The committee shall contract with one or more qualified providers to design and implement a telecommunications relay service system that fulfills the purpose described in 53-19-306 . The committee shall require, under the terms of the contract, that:

(1) the system relay all messages promptly and accurately;

(2) the system maintain the privacy of persons using the system; and

(3) the provider preserve the confidentiality of all communications, except in instances in which the confidentiality would further a violation of the law.
Mont. Code Ann. § 53-6-113 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-113
53-6-113 Department to adopt rules
Status: in_force

53-6-113 . Department to adopt rules. (1) The department shall adopt appropriate rules necessary for the administration of the Montana medicaid program as provided for in this part and that may be required by federal laws and regulations governing state participation in medicaid under Title XIX of the Social Security Act, 42 U.S.C. 1396, et seq., as amended.

(2) The department shall adopt rules that are necessary to further define for the purposes of this part the services provided under 53-6-101 and to provide that services being used are medically necessary and that the services are the most efficient and cost-effective available. The rules may establish the amount, scope, and duration of services provided under the Montana medicaid program, including the items and components constituting the services.

(3) The department shall establish by rule the rates for reimbursement of services provided under this part. The department may in its discretion set rates of reimbursement that it determines necessary for the purposes of the program. In establishing rates of reimbursement, the department may consider but is not limited to considering:

(a) the availability of appropriated funds;

(b) the actual cost of services;

(c) the quality of services;

(d) the professional knowledge and skills necessary for the delivery of services; and

(e) the availability of services.

(4) The department shall specify by rule those professionals who may:

(a) deliver or direct the delivery of particular services; and

(b) deliver services by means of telehealth in accordance with 53-6-122 .

(5) The department may provide by rule for payment by a recipient of a portion of the reimbursements established by the department for services provided under this part.

(6) (a) The department may adopt rules consistent with this part to govern eligibility for the Montana medicaid program, including the medicaid program provided for in 53-6-195 . Rules may include but are not limited to financial standards and criteria for income and resources, treatment of resources, nonfinancial criteria, family responsibilities, residency, application, termination, definition of terms, confidentiality of applicant and recipient information, and cooperation with the state agency administering the child support enforcement program under Title IV-D of the Social Security Act, 42 U.S.C. 651, et seq.

(b) The department may not apply financial criteria below $15,000 for resources other than income in determining the eligibility of a child under 19 years of age for poverty level-related children's medicaid coverage groups, as provided in 42 U.S.C. 1396a(l)(1)(B) through (l)(1)(D).

(c) The department may not apply financial criteria below $15,000 for an individual and $30,000 for a couple for resources other than income in determining the eligibility of individuals for the medicaid program for workers with disabilities provided for in 53-6-195 .

(d) (i) The department may not adopt rules or policies requiring a person who is eligible for medicaid pursuant to 53-6-131 (1)(e)(ii)(A) to:

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

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

(ii) If a person eligible for medicaid under 53-6-131 (1)(e)(ii)(A) is participating in a home and community-based services waiver, the department shall count as an eligible medical expense any medical service or item that a nonwaiver medicaid member is allowed to count as a medical expense to qualify for medicaid under 53-6-131 (1)(e)(ii)(A).

(iii) Nothing in this subsection (6)(d) may be construed as preventing a person from making only a cash payment to qualify for medicaid pursuant to 53-6-131 (1)(e)(ii)(A).

(7) The department may adopt rules limiting eligibility based on criteria more restrictive than that provided in 53-6-131 if required by Title XIX of the Social Security Act, 42 U.S.C. 1396, et seq., as may be amended, or if funds appropriated are not sufficient to provide medical care for all eligible persons.

(8) The department may adopt rules necessary for the administration of medicaid managed care systems. Rules to be adopted may include but are not limited to rules concerning:

(a) participation in managed care;

(b) selection and qualifications for providers of managed care; and

(c) standards for the provision of managed care.

(9) Subject to subsection (6), the department shall establish by rule income limits for eligibility for extended medical assistance of persons receiving section 1931 medicaid benefits, as defined in 53-4-602 , who lose eligibility because of increased income to the assistance unit, as that term is defined in the rules of the department, as provided in 53-6-134 , and shall also establish by rule the length of time for which extended medical assistance will be provided. The department, in exercising its discretion to set income limits and duration of assistance, may consider the amount of funds appropriated by the legislature.

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

(11) (a) When establishing rates of reimbursement for services provided under this part, the department may adopt by rule medicare fee schedules issued by the centers for medicare and medicaid services of the United States department of health and human services.

(b) If the department adopts fee schedules as provided in subsection (11)(a), the schedules automatically incorporate changes and updates furnished by the centers for medicare and medicaid services that are made during the year. The provisions of 2-4-307 do not apply to automatic updates of the fee schedules.
Mont. Code Ann. § 53-21-1325 — MT Code / Title 53 / Chapter 21 / Part 13 / Section 53-21-1325
53-21-1325 Effect of directive on existing law
Status: in_force

53-21-1325 . Effect of directive on existing law. (1) A directive does not override other provisions of law including Title 46, chapter 14, Title 53, chapter 21, part 1, and Title 72, chapter 5.

(2) A directive has no legal effect during a period of involuntary inpatient commitment or a period during which a person is subject to a court order for the care, custody, and treatment of the person pursuant to Title 46, chapter 14.

(3) If a principal executes other directives allowed under Montana law, including a living will or other power of attorney, the other directives must be construed as consistent with and may not override the mental health care advance directive.

(4) In addition to a directive executed under this part, a principal may designate an agent for other medical decisionmaking under 72-5-501 and 72-5-502 .
Mont. Code Ann. § 53-25-118 — MT Code / Title 53 / Chapter 25 / Part 1 / Section 53-25-118
53-25-118 Tax on certain withdrawals of deductible contributions
Status: in_force

53-25-118 . Tax on certain withdrawals of deductible contributions. (1) There is a recapture tax at a rate equal to the highest rate of tax provided in 15-30-2103 on the recapturable withdrawal of amounts that were deducted from income in calculating Montana individual income taxes.

(2) For purposes of determining the portion of a recapturable withdrawal that reduced Montana individual income taxes, all withdrawals must be allocated between income and contributions in accordance with the principles applicable under section 529A(c)(3) of the Internal Revenue Code, 26 U.S.C. 529A(c)(3). The portion of a recapturable withdrawal that is allocated to contributions must be treated as derived first from contributions, if any, that did not reduce Montana individual income taxes, to the extent of those contributions, and then to contributions that reduced Montana individual income taxes. The portion of any other withdrawal that is allocated to contributions must be treated as first derived from contributions that reduced Montana individual income taxes, to the extent of those contributions, and then to contributions that did not reduce Montana individual income taxes.

(3) (a) The recapture tax imposed by this section is payable by the designated beneficiary of the account from which the withdrawal or contribution was made. The tax liability must be reported on the designated beneficiary's income tax return and is payable with the income tax payment for the year of the withdrawal or at the time that an income tax payment would be due for the year of the withdrawal. The designated beneficiary is liable for the tax even if the designated beneficiary is not a Montana resident at the time of the withdrawal.

(b) The department of revenue may require withholding on recapturable withdrawals from an account that was at one time owned by a Montana resident if the designated beneficiary is not a Montana resident at the time of the withdrawal. For the purposes of this subsection (3)(b), amounts rolled over from an account that was at one time owned by a Montana resident must be treated as if the account is owned by a resident of Montana.

(4) For the purposes of this section, all contributions made to accounts by residents of Montana who are eligible for the deduction allowed under 53-25-117 are presumed to have reduced the contributor's Montana individual income taxes in the amount of the contribution, up to the maximum allowed by law, unless the contributor can demonstrate that all or a portion of the contributions did not reduce Montana individual income taxes. Contributors who claim deductions for contributions shall report on their Montana income tax returns the amount of deductible contributions made to accounts for each designated beneficiary and the social security number of each designated beneficiary.

(5) The department of revenue shall use all means available for the administration and enforcement of income tax laws in the administration and enforcement of this section.

(6) As used in this section, "recapturable withdrawal" means a withdrawal or distribution that is a nonqualified withdrawal.
Mont. Code Ann. § 53-21-197 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-197
53-21-197 Hearing on rehospitalization petition -- revocation of conditional release
Status: in_force

53-21-197 . Hearing on rehospitalization petition -- revocation of conditional release. (1) The court may order that the patient's conditional release status be revoked and that the patient be returned to the mental health facility from which the patient was conditionally released or be sent to another appropriate inpatient mental health facility if, after a hearing, the court finds by clear and convincing evidence that:

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

(b) the conditionally released patient has violated a condition of the release, that the violation has caused a deterioration of the patient's mental condition, and that as a result of this deterioration, the patient can no longer be appropriately served by outpatient care.

(2) A revocation of the patient's conditional release status under subsection (1) must be based on the testimony of the professional person responsible for the patient's case.

(3) If the court revokes the patient's conditional release status pursuant to subsection (1), a treatment plan must be updated or a new plan prepared for the patient as required by and within the time set forth in 53-21-162 .

(4) Except as provided in 53-21-198 , an order revoking the patient's conditional release status may not order hospitalization or impose other conditions of release that extend beyond the expiration date of the order committing the patient under 53-21-127 or 53-21-128 .
Mont. Code Ann. § 53-4-1108 — MT Code / Title 53 / Chapter 4 / Part 11 / Section 53-4-1108
53-4-1108 Enrollment in employer-sponsored plans
Status: in_force

53-4-1108 . Enrollment in employer-sponsored plans. The department may:

(1) provide premium assistance to families who have access to one or more employer-sponsored comprehensive group health insurance plans in order to provide coverage for eligible children. The premium assistance may not exceed the cost of coverage for that child under the plan.

(2) provide assistance to employers who establish a premium-only health benefits plan under section 125 of the Internal Revenue Code, 26 U.S.C. 125, for the purpose of enrolling children in such a plan and allowing their families to pay any premium with pretax dollars.
Mont. Code Ann. § 53-2-1203 — MT Code / Title 53 / Chapter 2 / Part 12 / Section 53-2-1203
53-2-1203 Montana state workforce innovation board -- membership -- duties
Status: in_force

53-2-1203 . Montana state workforce innovation board -- membership -- duties. (1) There is a Montana state workforce innovation board.

(2) The board:

(a) must consist of individuals who fulfill the membership roles and selection criteria required by section 101(b)(1) of the Act, 29 U.S.C. 3111(b)(1); and

(b) may include individuals who fulfill the membership roles and selection criteria permitted by section 101(b)(1) of the Act, 29 U.S.C. 3111(b)(1).

(3) The governor shall consider the special needs of Montana's hard-to-serve Indian population and the state's relationship with tribal governments when making appointments to the board.

(4) The board shall perform the functions described in section 101(d) of the Act, 29 U.S.C. 3111(d), and assist the department of commerce in coordinating with local businesses in activities related to trade promotion and marketing.
Mont. Code Ann. § 53-9-110 — MT Code / Title 53 / Chapter 9 / Part 1 / Section 53-9-110
53-9-110 Receipt of federal funds
Status: in_force

53-9-110 . Receipt of federal funds. The office may adopt appropriate rules in order to receive federal funds under federal criminal reparation and compensation acts.
Mont. Code Ann. § 53-1-201 — MT Code / Title 53 / Chapter 1 / Part 2 / Section 53-1-201
53-1-201 Purpose of department of corrections
Status: in_force

53-1-201 . Purpose of department of corrections. The department of corrections shall use at maximum efficiency the resources of state government in a coordinated effort to:

(1) develop and maintain comprehensive services and programs in the field of adult and youth corrections;

(2) provide for the custody, assessment, care, supervision, treatment, education, rehabilitation, and work and skill development of formerly adjudicated delinquent youth who are referred or committed to the department; and

(3) minimize recidivism among offenders during and after their participation in the department's programs and monitor the rate of recidivism to determine the success of efforts to reduce recidivism.
Mont. Code Ann. § 53-6-1101 — MT Code / Title 53 / Chapter 6 / Part 11 / Section 53-6-1101
53-6-1101 Prevention and stabilization account -- allocation of proceeds
Status: in_force

53-6-1101 . Prevention and stabilization account -- allocation of proceeds. (1) There is a prevention and stabilization account in the state special revenue fund provided for in 17-2-102 . Money in the account must be used by the department of public health and human services to finance, administer, and provide health and human services.

(2) (a) Funds in the prevention and stabilization account must be used for the following programs in order of priority:

(i) prescription drugs for adults with a serious and disabling mental illness eligible for programs initiated pursuant to 53-21-702 (2) and (3);

(ii) child care for low-income families;

(iii) the Montana initiative for the abatement of mortality in infants administered pursuant to 50-19-301 ;

(iv) independent living;

(v) extended employment;

(vi) child support enforcement state matching funds;

(vii) stabilization of rates for medicaid mental health services;

(viii) medicaid hospice services;

(ix) home health therapy services;

(x) poison control; and

(xi) AIDS funds.

(b) Funds remaining after allocations to the priorities in subsection (2)(a) may be expended for other programs as directed in 17-6-606 (1).

(c) Appropriations from the prevention and stabilization account for programs listed in subsection (2)(a) are restricted for the use specified and may not be transferred to other programs pursuant to 17-7-139 .
Mont. Code Ann. § 53-21-116 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-116
53-21-116 Right to be present at hearing or trial -- assignment of counsel
Status: in_force

53-21-116 . Right to be present at hearing or trial -- assignment of counsel. The person alleged to be suffering from a mental disorder and requiring commitment has the right to be present and the right to counsel at any hearing or trial. If the person is indigent or if in the court's discretion assignment of counsel is in the best interest of justice, the judge shall order the office of state public defender, provided for in 2-15-1029 , to immediately assign counsel to represent the person at either the hearing or the trial, or both.
Mont. Code Ann. § 53-1-109 — MT Code / Title 53 / Chapter 1 / Part 1 / Section 53-1-109
53-1-109 Facility resident and prison inmate welfare account
Status: in_force

53-1-109 . Facility resident and prison inmate welfare account. (1) There is an account in the state special revenue fund. The net proceeds from Pine Hills correctional facility resident and state prison inmate canteen purchases and resident or inmate telephone use, cash proceeds from the disposition of confiscated contraband, and any public money held for the needs of residents or inmates and their families and not otherwise allocated must be deposited in the account. Money in an account established under 53-1-107 may not be deposited in the account established in this subsection.

(2) The money in the account is statutorily appropriated, as provided in 17-7-502 , to the department of corrections, which may allocate the money referred to in subsection (1) to the Pine Hills correctional facility and state prisons in proportion to the amount that each facility contributed to the fund. The superintendent of the Pine Hills correctional facility and the administrator of each state prison shall consult with the residents and inmates in the superintendent's or administrator's respective facility about the use of the money allocated to the Pine Hills correctional facility or the state prison and may use the money for the needs of that facility's residents or inmates and their families.

(3) For purposes of this section, "state prison" has the meaning provided in 53-30-101 (1), (2), and (4).
Mont. Code Ann. § 53-9-113 — MT Code / Title 53 / Chapter 9 / Part 1 / Section 53-9-113
53-9-113 Crime victims compensation account
Status: in_force

53-9-113 . (Temporary) Crime victims compensation account. There is an account in the state special revenue fund for crime victims compensation. The money in the account is statutorily appropriated, as provided in 17-7-502 , to the department of justice for the purposes provided in this part. (Terminates June 30, 2027--secs. 1, 2, 3, Ch. 139, L. 2021.)
Mont. Code Ann. § 53-4-210 — MT Code / Title 53 / Chapter 4 / Part 2 / Section 53-4-210
53-4-210 Tribal family assistance plan
Status: in_force

53-4-210 . Tribal family assistance plan. (1) As used in this section, "Indian tribe" means an Indian tribe that has a federally recognized governing body carrying out substantial governmental duties and powers over any area.

(2) The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 42 U.S.C. 612, authorizes an Indian tribe or a combination of tribes to request federal approval to implement a tribal family assistance plan.

(3) (a) If a Montana Indian tribe or a combination of tribes receives approval to implement a tribal family assistance plan and chooses to base its share of the federal temporary assistance for needy families block grant on the same federal fiscal year 1994 service population as it plans to serve under the tribal family assistance plan, the legislature shall continue to provide the Indian tribe or combination of tribes with a proportionate state share based on the maintenance of effort level established by the legislature for that biennium or the maintenance of effort level set in statute.

(b) A tribe or combination of tribes may use the state share for:

(i) monthly cash benefit payments; or

(ii) supportive services costs as allowed under the Montana state plan for the temporary assistance for needy families program.

(4) The Indian tribe or combination of tribes retain eligibility to form a partnership with the department and share funding for approved special projects related to welfare reform.

(5) The department shall provide the Indian tribe or combination of tribes with a reasonable level of technical assistance in the form of eligibility and case management training, policy interpretation, and automated system background information. The technical assistance must be provided at no cost to the Indian tribe or combination of tribes for a period of 1 year after the inception of the tribal family assistance plan. After 1 year, the Indian tribe or combination of tribes may contract with the department for continued technical assistance.

(6) The tribe or combination of tribes may contract with the department for the provision of participant services or associated administrative functions that the tribe and the department find appropriate.

(7) The department shall transfer to each new tribal family assistance plan after April 28, 1999, $100,000 of general fund money from existing general fund appropriation authority for each of the fiscal years of the succeeding biennium for the use of each tribe implementing a family assistance plan.
Mont. Code Ann. § 53-20-129 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-129
53-20-129 Emergency admission and commitment
Status: in_force

53-20-129 . Emergency admission and commitment. (1) Subject to the provisions of subsection (3), a person believed to be seriously developmentally disabled may be admitted to a residential facility or a temporary court-ordered community treatment plan may be imposed on an emergency basis without notice to the person or approval by the residential facility screening team when necessary to protect the person or others from death or serious bodily injury, as defined in 45-2-101 .

(2) An emergency admission to a residential facility may be initiated only by a developmental disabilities professional.

(3) (a) An emergency admission to a residential facility may not proceed unless the residential facility has confirmed in writing that admission of the person will not cause the census at the facility to exceed its licensed capacity and that the facility can accommodate the emergency needs of the person.

(b) After December 31, 2016, an emergency admission may not be made to the Montana developmental center.

(4) A petition for emergency commitment must be filed on the next judicial day after an emergency admission to a residential facility by the county attorney of the county where the respondent resides.

(5) A petition for imposition of an emergency community treatment plan may be filed by the county attorney of the county where the respondent resides and must include or have attached the written report of a case manager. Any temporary community treatment plan must meet the conditions set forth in 53-20-133 (4).

(6) The residential facility screening team shall report back to the court on the seventh judicial day following the filing of the petition for emergency commitment or imposition of a temporary community treatment plan.

(7) Once the report of the residential facility screening team is received by the court, continued placement in the residential facility or continued imposition of the temporary community treatment plan may not continue without an order of the court for emergency commitment or continued imposition of the community treatment plan.

(8) A court may order an emergency commitment or continue a temporary community treatment plan only when the residential facility screening team has recommended and the court has determined that the emergency commitment or continued imposition of a community treatment plan is necessary to protect the respondent or others from death or serious bodily injury, as defined in 45-2-101 . Any temporary community treatment plan must meet the conditions set forth in 53-20-133 (4).

(9) An order for emergency commitment or continued imposition of a temporary community treatment plan may be entered without a hearing before the court if the court finds that the record supports the order.

(10) An emergency commitment to a residential facility or imposition of a temporary community treatment plan may not continue for longer than 30 days after placement in the residential facility or imposition of a temporary community treatment plan unless a petition for an extended commitment to the residential facility or for imposition of a community treatment plan as provided in 53-20-121 has been filed.
Mont. Code Ann. § 53-6-105 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-105
53-6-105 Discrimination prohibited
Status: in_force

53-6-105 . Discrimination prohibited. No discrimination shall be practiced or asserted against any applicant for or recipient of care and services under this part on the basis of race, color, or national origin, and the furnishing of care and services under this part to any applicant or recipient thereof shall not be delayed or denied on the basis of race, color, or national origin.
Mont. Code Ann. § 53-25-113 — MT Code / Title 53 / Chapter 25 / Part 1 / Section 53-25-113
53-25-113 Limitations
Status: in_force

53-25-113 . Limitations. (1) This chapter may not be construed to establish state residency for a person merely because the person is a designated beneficiary.

(2) This chapter does not establish any obligation of this state or of an agency or instrumentality of this state to guarantee for the benefit of a designated beneficiary, agent, or contributor:

(a) the return of any amounts contributed to an account;

(b) the rate of interest or other return on an account; or

(c) the payment of interest or other return on an account.

(3) Under rules adopted by the department, each contract, application, and offering or disclosure document, and any other type of document identified by the department that may be used in connection with a contribution to an account, must clearly indicate that the account is not insured by the state and that the principal deposited and any investment return are not guaranteed by the state.
Mont. Code Ann. § 53-21-122 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-122
53-21-122 Petition for commitment -- filing of -- initial hearing on
Status: in_force

53-21-122 . Petition for commitment -- filing of -- initial hearing on. (1) The petition must be filed with the clerk of court who shall immediately notify the judge.

(2) (a) The judge shall consider the petition. If the judge finds no probable cause, the petition must be dismissed. If the judge finds probable cause and the respondent does not have private counsel present, the judge may order the office of state public defender, provided for in 2-15-1029 , to immediately assign counsel for the respondent, and the respondent must be brought before the court with the respondent's counsel. The respondent must be advised of the respondent's constitutional rights, the respondent's rights under this part, and the substantive effect of the petition. The respondent must also be advised that the professional person appointed to conduct the examination under 53-21-123 will include in the professional person's report a recommendation about whether the respondent should be diverted from involuntary commitment to short-term inpatient treatment provided for in 53-21-1205 and 53-21-1206 or to a category D assisted living facility as provided in 53-21-199 . The respondent may at this appearance object to the finding of probable cause for filing the petition. The judge shall appoint a professional person and set a date and time for the hearing on the petition that may not be on the same day as the initial appearance and that may not exceed 5 days, including weekends and holidays, unless the fifth day falls upon a weekend or holiday and unless additional time is requested on behalf of the respondent.

(b) If the court finds that an appropriate person is willing and able to perform the functions of a friend of respondent as set out in this part and the respondent personally or through counsel consents, the court shall appoint the person as the friend of respondent. The friend of respondent may be the next of kin, the person's conservator or legal guardian, if any, a representative of a charitable or religious organization, or any other person appointed by the court. Only one person may at any one time be the friend of respondent within the meaning of this part. The court may at any time, for good cause, change its designation of the friend of respondent. The court shall change the designation of the friend of respondent at the request of the respondent or if it determines that a conflict of interest exists between the respondent and the friend of respondent.

(3) If a judge is not available in the county in person, the clerk shall notify a resident judge by telephone and shall read the petition to the judge. The judge may do all things necessary through the clerk of court by telephone as if the judge were personally present, including ordering the office of state public defender, provided for in 2-15-1029 , to immediately provide assigned counsel. The judge, through the clerk of court, may also order that the respondent be brought before a justice of the peace with the respondent's counsel to be advised of the respondent's constitutional rights, the respondent's rights under this part, and the contents of the order, as well as to furnish the respondent with a copy of the order. The respondent must also be advised that the professional person appointed to conduct the examination under 53-21-123 will include in the professional person's report a recommendation about whether the respondent should be diverted from involuntary commitment to short-term inpatient treatment provided for in 53-21-1205 and 53-21-1206 or to a category D assisted living facility as provided in 53-21-199 . The justice of the peace shall ascertain the desires of the respondent with respect to the assignment of counsel or the hiring of private counsel, pursuant to 53-21-116 and 53-21-117 , and this information must be immediately communicated to the resident judge.
Mont. Code Ann. § 53-6-704 — MT Code / Title 53 / Chapter 6 / Part 7 / Section 53-6-704
53-6-704 Different benefit packages
Status: in_force

53-6-704 . Different benefit packages. (1) The department may by rule provide for different benefit packages for different categories of persons enrolled in the program. Alcohol and substance abuse services, services for mental disorders, services related to children with chronic or acute conditions requiring longer-term treatment and followup, and rehabilitation care provided by a freestanding rehabilitation hospital or a rehabilitation unit may be excluded from a benefit package and those services may be made available through a separate delivery system. If a service is excluded from the program but made available in a separate delivery system by a managed health care entity, that managed health care entity is subject to this part. An exclusion does not prohibit the department from developing and implementing demonstration projects for categories of persons or services. Benefit packages for persons eligible for medical assistance under Title 53, chapter 6, parts 1 and 4, may be based on the requirements of those parts and must be consistent with the Title XIX of the Social Security Act. This part applies only to services purchased by the department.

(2) The program established by this part may be implemented by the department in various contracting areas at various times. The health care delivery systems and providers available under the program may vary throughout the state. Except as otherwise provided in a contract for mental health services and subject to the public comment and review provisions of 53-6-710 and 53-6-711 , a licensed managed health care entity must be permitted to contract in any geographic area for which it has a sufficient provider network and that otherwise meets the requirements of the state contract.
Mont. Code Ann. § 53-30-326 — MT Code / Title 53 / Chapter 30 / Part 3 / Section 53-30-326
53-30-326 Escape from custody
Status: in_force

53-30-326 . Escape from custody. An offender is guilty of escape and shall be punished as provided in 45-7-306 if, without proper authorization, the offender:

(1) fails to remain within the extended limits of the offender's confinement or fails to return within the time specified to a community corrections facility or program to which the offender has been assigned, sentenced, or transferred; or

(2) leaves the offender's place of employment or neglects or fails to return to the community corrections facility or program after being specifically ordered to do so.
Mont. Code Ann. § 53-24-104 — MT Code / Title 53 / Chapter 24 / Part 1 / Section 53-24-104
53-24-104 Deposit of funds from federal or private sources with state treasurer
Status: in_force

53-24-104 . Deposit of funds from federal or private sources with state treasurer. Funds available to the department from federal or private sources for use in chemical dependency prevention, treatment, and control programs shall be deposited with the state treasurer to the account of the department in the federal special revenue fund or the state special revenue fund.
Mont. Code Ann. § 53-9-122 — MT Code / Title 53 / Chapter 9 / Part 1 / Section 53-9-122
53-9-122 Informal hearings
Status: in_force

53-9-122 . Informal hearings. The office may hold informal hearings in order to make determinations regarding the compensability of a claim. At the hearings, the office may subpoena witnesses and documents as set forth in 2-4-104 . Hearings held under this section are not considered contested case hearings under the Montana Administrative Procedure Act. However, the office shall adopt rules regarding its informal hearing procedures.
Mont. Code Ann. § 53-30-315 — MT Code / Title 53 / Chapter 30 / Part 3 / Section 53-30-315
53-30-315 Community corrections facilities and programs operated by nongovernmental agencies
Status: in_force

53-30-315 . Community corrections facilities and programs operated by nongovernmental agencies. (1) Except as provided in subsection (2), a nongovernmental agency may establish, maintain, and operate a community corrections facility or program to serve the needs of offenders who are sentenced to the facility or program by a judge as provided in 53-30-321 .

(2) A nongovernmental agency may not establish a community corrections facility or program unless approved by the local community corrections board in a local government or tribal government that has established a community corrections board.

(3) A nongovernmental agency operating a community corrections facility or program may accept, reject, or reject after acceptance the placement of any offender in the facility or program pursuant to a contract or agreement with a unit of local government, a tribal government, or a judicial district. If an offender is rejected by the nongovernmental agency after initial acceptance and the offender is a court referral, the sheriff of the county in which the facility or program is located must take custody of the offender. The nongovernmental agency shall notify in writing the sentencing judge who, after considering the agency's reasons for rejection, shall appropriately modify the sentencing order.
Mont. Code Ann. § 53-20-132 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-132
53-20-132 Court-ordered placement in community-based services prohibited except through statutory process
Status: in_force

53-20-132 . Court-ordered placement in community-based services prohibited except through statutory process. This part may not be construed as authorizing the placement of and delivery of services to persons with developmental disabilities in community-based services by court order, except by imposing a community treatment plan pursuant to this part. Placement of persons in voluntary community-based services is governed by 53-20-209 .
Mont. Code Ann. § 53-30-111 — MT Code / Title 53 / Chapter 30 / Part 1 / Section 53-30-111
53-30-111 Clothing and money furnished on discharge or parole
Status: in_force

53-30-111 . Clothing and money furnished on discharge or parole. The state prison shall furnish suitable clothing to a discharged or paroled inmate. An inmate discharged and delivered to the custody of the federal government or another state must receive $5. All other discharged or paroled inmates may receive "gate money" in an amount up to $100. The department of corrections may establish rules that allow it to deduct up to one-fourth of an inmate's wages earned under 53-30-132 and hold that money in a special account to be disbursed to the inmate when the inmate is discharged or paroled. This amount is in addition to the "gate money".
Mont. Code Ann. § 53-7-203 — MT Code / Title 53 / Chapter 7 / Part 2 / Section 53-7-203
53-7-203 Purchase of services
Status: in_force

53-7-203 . Purchase of services. (1) The department may purchase services under this part for persons with severe disabilities, to the extent that funds are appropriated and allocated, from any sheltered employment provider, work activity center, supported employment provider, or support services provider within Montana.

(2) An organization may receive funding under this part if it meets the standards and criteria promulgated by the department.

(3) The department shall adopt standards and criteria for the services purchased under this part to assure the quality and appropriateness of such services. The department may adopt standards and criteria of a nationally recognized accreditation organization for accrediting facilities providing services under this part.
Mont. Code Ann. § 53-2-606 — MT Code / Title 53 / Chapter 2 / Part 6 / Section 53-2-606
53-2-606 Right of appeal
Status: in_force

53-2-606 . Right of appeal. (1) If an application for assistance for food stamps, cash assistance or nonfinancial assistance, as defined in 53-2-902 , or medicaid is not acted upon promptly or if a decision is made by which the applicant or recipient is aggrieved, the applicant or recipient may appeal to the department for a fair hearing by addressing a request for a hearing to the department. The department shall, upon receipt of a request for a hearing, give the applicant or recipient prompt notice and opportunity for a fair hearing.

(2) The department may upon its own motion review any decision of a local office of public assistance and may consider any application upon which a decision has not been made within a reasonable time from the filing of the decision. The department may have an additional eligibility determination made and shall determine whether and in what amount assistance is to be granted under the provisions of this title.

(3) If the department reviews a decision on its own motion, applicants or recipients affected by the decisions of the department must upon request be given reasonable notice and an opportunity for a fair hearing.
Mont. Code Ann. § 53-19-304 — MT Code / Title 53 / Chapter 19 / Part 3 / Section 53-19-304
53-19-304 Officers -- meetings -- quorum -- compensation
Status: in_force

53-19-304 . Officers -- meetings -- quorum -- compensation. (1) The committee shall choose a presiding officer from its members.

(2) The committee shall meet at least four times a year and at other times as determined by the presiding officer or by a majority of the committee.

(3) Seven members of the committee constitute a quorum for the transaction of business.

(4) All members of the committee are entitled to reimbursement of expenses as provided in 2-18-501 through 2-18-503 . Members of the committee who are not state employees are also entitled to receive compensation as provided in 2-15-122 for each day that they are engaged in official business of the committee.
Mont. Code Ann. § 53-6-151 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-151
53-6-151 Medicaid reserve account
Status: in_force

53-6-151 . Medicaid reserve account. There is a medicaid reserve account in the state special revenue fund provided for in 17-2-102 . Money in the account must be used by the department for medicaid benefits after June 30, 2011. Any interest or income earned on the account must be deposited in the account. Each calendar quarter through December 31, 2010, the amount recovered under the federal medical assistance percentage hold harmless provision of the American Recovery and Reinvestment Act of 2009, Public Law 111-5, must be transferred to the medicaid reserve account.
Mont. Code Ann. § 53-21-123 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-123
53-21-123 Examination of respondent following initial hearing -- recommendation of professional person
Status: in_force

53-21-123 . Examination of respondent following initial hearing -- recommendation of professional person. (1) Following the initial hearing, whether before a judge or justice of the peace, the respondent must be examined by the professional person without unreasonable delay. The examination may not exceed a period of 4 hours. The professional person shall immediately notify the county attorney of the findings in person or by phone and shall make a written report of the examination to the court, with copies to the respondent's attorney and the county attorney.

(2) (a) The professional person shall include in the report a recommendation about whether the respondent should be:

(i) diverted from involuntary commitment to short-term inpatient treatment provided for under 53-21-1205 and 53-21-1206 ; or

(ii) evaluated for eligibility as a resident in a category D assisted living facility as provided in 53-21-199 .

(b) If the professional person recommends commitment, the professional person's written report must contain a statement of the professional person's recommendations to the court for disposition under 53-21-127 .

(3) The following action must be taken based on the professional person's findings:

(a) If the professional person recommends dismissal, the professional person shall additionally notify counsel and the respondent must be released and the petition dismissed. However, the county attorney may, upon good cause shown, request the court to order an additional, but no more than one, examination by a different professional person for a period of no more than 4 hours.

(b) If the professional person recommends diversion from involuntary commitment to short-term inpatient treatment or an option for living in a category D assisted living facility, the court shall suspend the commitment hearing unless the county attorney or the respondent's attorney objects within 24 hours of receiving notice of the professional person's recommendation.

(c) If the court finds that commitment proceedings should continue, the hearing must be held as scheduled.

(4) The court may not order further evaluation pending the hearing unless sound medical reasons require additional time for a complete evaluation. The reasons must be set forth in the order, along with the amount of additional time needed.
Mont. Code Ann. § 53-4-602 — MT Code / Title 53 / Chapter 4 / Part 6 / Section 53-4-602
53-4-602 Definitions
Status: in_force

53-4-602 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

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

(2) "Child-care assistance" means payments to or on behalf of the specified caretaker relative of a dependent child to defray the cost of having a third party care for the child.

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

(4) "Section 1931 medicaid benefits" means medical assistance authorized by 42 U.S.C. 1396u-1 for families eligible for the Montana medicaid program, as established in Title 53, chapter 6, based on the department's income limitations, as increased each year by that year's increase in the Consumer Price Index for Urban Wage Earners, compiled by the U.S. department of labor, bureau of labor statistics, and other standards approved by the federal government for 1996 for the federal aid to families with dependent children program, as that program was established under Title IV of the federal Social Security Act, 42 U.S.C. 601, et seq.
Mont. Code Ann. § 53-6-707 — MT Code / Title 53 / Chapter 6 / Part 7 / Section 53-6-707
53-6-707 Payment reductions and adjustments -- freedom to contract
Status: in_force

53-6-707 . Payment reductions and adjustments -- freedom to contract. (1) The department shall by rule establish a method to reduce its payments to managed health care entities to take the following into consideration:

(a) any adjustment payments paid to health care facilities under subsection (2)(b) to the extent that those payments or any part of those payments have been taken into account in establishing capitated rates under 53-6-705 ; and

(b) the implementation of methodologies to limit financial liability for managed health care entities under 53-6-705 .

(2) For key services provided by a hospital or nursing facility that contracts with an entity, adjustment payments that are not included in capitated rates must be paid directly to the hospital or nursing facility by the department. Adjustment payments include but are not limited to:

(a) adjustment payments to disproportionate share hospitals as defined by department rule;

(b) perinatal center payments;

(c) payments for direct medical education, indirect medical education, and certified registered nurse anesthetists;

(d) supplemental medicaid payments to hospitals made pursuant to 53-6-149 ; and

(e) supplemental medicaid payments to nursing facilities made pursuant to 15-60-211 .

(3) For any hospital or nursing facility eligible for the adjustment payments described in this section, the department shall maintain, through the period ending June 30, 1996, reimbursement levels in accordance with statutes and rules in effect at the time the payments are made.

(4) The department may not assign an existing agreement with a medicaid provider to a managed health care entity. The managed health care entity shall enter into a new agreement with a provider in order for the provider to be considered a part of the managed health care entity's network of providers.

(5) This part does not limit or otherwise impair the authority of the department to enter into a contract, negotiated pursuant to this part, with a managed health care entity, including a health maintenance organization, that provides for termination or nonrenewal of the contract without cause upon notice as provided in the contract and without a hearing. If available funds are not sufficient to provide medical assistance for all eligible persons, the department may set priorities to limit, reduce, or otherwise curtail the amount, scope, or duration of the medical services made available under the Montana medicaid program and managed care.
Mont. Code Ann. § 53-6-802 — MT Code / Title 53 / Chapter 6 / Part 8 / Section 53-6-802
53-6-802 Definitions
Status: in_force

53-6-802 . Definitions. As used in this part, unless the context indicates otherwise, the following definitions apply:

(1) "Certificate" means a certificate as defined in 33-22-1107 .

(2) "Commissioner" means the commissioner of insurance provided for in 2-15-1903 .

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

(4) "Dollar-for-dollar model" means a program in which the amount of resources that is disregarded in determining medical assistance eligibility for an individual is increased by $1 for each dollar paid by an insurer to an insured under the insured's long-term care insurance policy or certificate.

(5) "Long-term care insurance" means an insurance policy or certificate that provides coverage for medically necessary services in a long-term care facility, as defined in 50-5-101 , or in the insured's home.

(6) "Long-term care insurance partnership" or "partnership" means a program of collaboration between the commissioner, the department, insurers, and their insureds to create an incentive, through the issuance of insurance policies or certificates certified by the commissioner and the department, for individuals to purchase long-term care insurance.

(7) "Policy" means a policy as defined in 33-22-1107 .
Mont. Code Ann. § 53-1-713 — MT Code / Title 53 / Chapter 1 / Part 7 / Section 53-1-713
53-1-713 Eligible activities
Status: in_force

53-1-713 . Eligible activities. (1) The department shall provide for the study, design, implementation, and support of a statewide 2-1-1 system. The department may contract with one or more private organizations for any or all of the study, design, implementation, or support of a statewide 2-1-1 system.

(2) The department may provide for the following activities that are eligible for assistance from the 2-1-1 account provided for in 53-1-712 :

(a) creating a structure for a statewide 2-1-1 resources database that will meet the standards of the alliance for information and referral systems for information and referral systems databases and that will be integrated with local resources databases maintained by approved 2-1-1 service providers;

(b) developing a statewide resources database for the statewide 2-1-1 system;

(c) maintaining public information available from state agencies and programs that provide disaster, emergency, safety, health, or human services for access by approved 2-1-1 service providers;

(d) providing grants to approved 2-1-1 service providers for the design, development, and implementation of 2-1-1 services for its 2-1-1 service area; and

(e) providing grants to approved 2-1-1 service providers to provide 2-1-1 services on a 24-hour-a-day, 7-day-a-week basis and on an ongoing basis.
Mont. Code Ann. § 53-2-1205 — MT Code / Title 53 / Chapter 2 / Part 12 / Section 53-2-1205
53-2-1205 Workforce development program
Status: in_force

53-2-1205 . Workforce development program. (1) There is a workforce development program to implement the provisions of Title I-B of the Act, 29 U.S.C. 3101, et seq., to operate the one-stop delivery system to adults, dislocated workers, and youth.

(2) The one-stop delivery system must be administered in accordance with a 4-year combined state plan that meets the requirements of section 103 of the Act, 29 U.S.C. 3113. The combined state plan must be created with the assistance of the board.
Mont. Code Ann. § 53-19-402 — MT Code / Title 53 / Chapter 19 / Part 4 / Section 53-19-402
53-19-402 Statewide universal newborn hearing screening, tracking, and intervention program
Status: in_force

53-19-402 . Statewide universal newborn hearing screening, tracking, and intervention program. (1) There is a universal newborn hearing screening program in the department of public health and human services. The department shall implement the program to ensure a hearing screening test for all newborn infants to identify infants who may be deaf or hard of hearing. The department shall implement the program to ensure newborn hearing screening tests are completed before discharge from a hospital or no later than 1 month after birth.

(2) The department shall adopt rules to:

(a) ensure that each licensed hospital, health care facility, or health care provider providing obstetric services:

(i) complete newborn hearing screenings for all infants before discharge or no later than 1 month after birth and report the results to each infant's primary care provider, including any recommendation for audiologic assessment for an infant with two failed hearing screenings; and

(ii) provide required education regarding hearing screenings;

(b) ensure monitoring of all babies screened in Montana and referred for audiologic assessment to ensure that they receive an audiologic assessment by 3 months of age;

(c) establish newborn hearing screening protocols that are objective and physiologically based;

(d) establish education protocols;

(e) establish reporting requirements that are related to newborn infant hearing screening, recommendation for audiologic assessment, and audiologic assessment results; and

(f) ensure the electronic sharing of audiologic evaluation information of infants diagnosed as deaf or hard of hearing with the Montana school for the deaf and blind, pursuant to the school's responsibility for intervention tracking as provided in 20-8-102 .

(3) The department shall assist each licensed hospital, health care facility, or health care provider providing obstetric services in developing systems for reporting and in accessing funds to purchase hearing screening equipment by providing information on funding sources known to the department.

(4) The department may accept contributions, gifts, grants, or endowments from public or private sources for the use and benefit of this program.
Mont. Code Ann. § 53-7-404 — MT Code / Title 53 / Chapter 7 / Part 4 / Section 53-7-404
53-7-404 Services provided -- evaluation of consumer needs
Status: in_force

53-7-404 . Services provided -- evaluation of consumer needs. (1) The department may provide the following independent living services:

(a) outreach;

(b) services, training, and assistive technology to help consumers become more mobile and self-sufficient;

(c) Braille instruction and other services and equipment to help consumers adjust to a severe visual impairment;

(d) independent living skills training;

(e) peer counseling;

(f) guide services and reader services; and

(g) any other appropriate service designed to help consumers achieve their independent living goals.

(2) The department shall evaluate each consumer to determine the independent living services that may help the consumer achieve the consumer's independent living goals.

(3) To the extent that the department determines the program has funds available, the department may provide or pay the cost of independent living services for a consumer. When determining the services to be provided, the department shall consider the financial resources available to the consumer and the needs of other consumers.
Mont. Code Ann. § 53-25-121 — MT Code / Title 53 / Chapter 25 / Part 1 / Section 53-25-121
53-25-121 Achieving a better life experience savings trust
Status: in_force

53-25-121 . Achieving a better life experience savings trust. (1) There is an achieving a better life experience savings trust that is an instrumentality of the state and that is created for a public purpose. The trust consists of trust interests, with each trust interest corresponding to an account. The assets of an account may not be commingled with the assets of any other account. The assets and earnings of an account may not be used to satisfy the obligations of any other account. Each account represents a trust interest in the trust and includes amounts received by the program pursuant to the participating trust agreement and the interest and investment income earned by the trust account.

(2) The assets of the trust consist of investments and earnings on investments of funds received by the program as deposits to accounts and as amounts transferred to the trust from accounts established prior to October 1, 2015.

(3) In accordance with the instructions of the designated beneficiary or agent, the trustee shall invest funds deposited in each account in permitted investment products as provided in this chapter. The trustee or a financial institution acting on behalf of the trustee shall pay or apply funds from each account for qualified withdrawals, nonqualified withdrawals, penalties, and withholdings.

(4) A designated beneficiary or agent may execute a participating trust agreement and have funds that are held by financial institutions in accounts established prior to October 1, 2015, transferred to the trust and to the transferor's account.
Mont. Code Ann. § 53-30-152 — MT Code / Title 53 / Chapter 30 / Part 1 / Section 53-30-152
53-30-152 Inmates not employees
Status: in_force

53-30-152 . Inmates not employees. An inmate working pursuant to 53-30-151 is not an employee, either public or private, and employment rights accorded other classes of workers do not apply to such inmates.
Mont. Code Ann. § 53-25-117 — MT Code / Title 53 / Chapter 25 / Part 1 / Section 53-25-117
53-25-117 Deductions for contributions
Status: in_force

53-25-117 . Deductions for contributions. An individual who contributes to one or more accounts established pursuant to this chapter in a tax year is entitled to reduce the individual's Montana taxable income, in accordance with 15-30-2120 , if the individual is:

(1) the designated beneficiary;

(2) the spouse of the designated beneficiary; or

(3) a parent, grandparent, sibling, or child related to the designated beneficiary by blood, marriage, or legal adoption.
Mont. Code Ann. § 53-4-1105 — MT Code / Title 53 / Chapter 4 / Part 11 / Section 53-4-1105
53-4-1105 Rulemaking -- active enrollment -- plan coordination
Status: in_force

53-4-1105 . Rulemaking -- active enrollment -- plan coordination. (1) The department shall adopt rules necessary to implement this part, including plan administration, plan enrollment, outreach efforts, and standards of performance to allow enrollment partners to assist in enrolling children in the plan or other health coverage plans administered by the department.

(2) The rules must:

(a) establish a process for identifying and approving enrollment partners;

(b) create and define an active enrollment process;

(c) promote seamless movement between programs described in 53-4-1104 (2);

(d) promote accessible enrollment through enrollment partners;

(e) provide, to the extent permitted by law, a single point of access in the department for plan members;

(f) define income for purposes of determining eligibility for children's health coverage programs within the plan;

(g) provide for presumptive eligibility; and

(h) encourage enrollment partners to actively enroll as many eligible, uninsured children as possible in the plan or in an employer-sponsored plan as described in 53-4-1108 .

(3) The rules may include the development of enrollment partner training, technical assistance programs, and performance measures.

(4) The rules may provide for an exemption from the active enrollment process based upon an individual showing of:

(a) religious conviction;

(b) private insurance that offers creditable coverage, as defined in 42 U.S.C. 300gg(c), obtained by the parents for the child from a private group or individual health insurance issuer or under a self-funded employer health plan; or

(c) other compelling circumstances.

(5) The rules governing eligibility and premium assistance must be consistent with this part. Rules may include but are not limited to financial standards and criteria for income, nonfinancial criteria, family responsibility, residency, the application process, termination of eligibility, definition of terms, and confidentiality of applicant and recipient information.
Mont. Code Ann. § 53-24-310 — MT Code / Title 53 / Chapter 24 / Part 3 / Section 53-24-310
53-24-310 Definitions
Status: in_force

53-24-310 . Definitions. As used in 53-24-310 through 53-24-314 , unless the context clearly indicates otherwise, the following definitions apply:

(1) "Alcohol and drug prevention or treatment facility" means a recovery residence, hospital, health or counseling center, or other entity providing alcohol and drug services.

(2) "Alcohol and drug services" includes evaluation, treatment, residential personal care, habilitation, rehabilitation, counseling, or supervision of persons with substance use disorders or services to persons designed to prevent substance use disorders that either receive funds from the department of public health and human services or assess fees for services provided.

(3) "Certified recovery residence" means a recovery residence, as defined in subsection (9), that has received certification or another form of approval from a certifying organization, as defined in subsection (4).

(4) "Certifying organization" means a recovery residence standards organization or an affiliate of a recovery residence standards organization that operates in the state of Montana and is recognized by the department of public health and human services.

(5) "Informed consent" means voluntary consent by an individual to a placement in a certified recovery residence only after full disclosure by a judge, justice of the peace, or magistrate of the following information:

(a) any limitations or prohibitions against narcotic medication associated with the certified recovery residence; and

(b) whether United States food and drug administration-approved medication-assisted treatment of substance use disorders, including the use of buprenorphine and suboxone, is limited or prohibited.

(6) "Levels of care" means the continuum of support ranging from nonclinical recovery residences to licensed clinical treatment.

(7) "Minor" means an individual under 18 years of age without regard to sex.

(8) "Qualified health care provider" means a person licensed as a physician, psychologist, social worker, clinical professional counselor, marriage and family therapist, addiction counselor, or another appropriate licensed health care practitioner.

(9) "Recovery residence" means a sober living home with a safe, family-like environment that promotes recovery from substance use disorders through services including but not limited to peer support, mutual support groups, and recovery services.

(10) "Sober" means free of alcohol and drugs, except for prescription medications taken as directed by a licensed prescriber, including medications approved by the United States food and drug administration for the treatment of opioid use disorder.

(11) (a) "Substance use disorder" means the use of any chemical substance, legal or illegal, that creates behavioral or health problems, or both, resulting in operational impairment.

(b) This term includes alcoholism, drug dependency, or both, that endanger the health, interpersonal relationships, or economic functions of an individual or the public health, safety, or welfare.
Mont. Code Ann. § 53-9-128 — MT Code / Title 53 / Chapter 9 / Part 1 / Section 53-9-128
53-9-128 Compensation benefits
Status: in_force

53-9-128 . Compensation benefits. (1) A claimant is entitled to weekly compensation benefits when the claimant has a total actual loss of wages due to injury as a result of criminally injurious conduct. During the time the claimant seeks weekly benefits, the claimant, as a result of the injury, must have no reasonable prospect of being regularly employed in the normal labor market. The weekly benefit amount is 66 2/3% of the wages received at the time of the criminally injurious conduct, subject to a maximum of one-half the state's average weekly wage as determined in 39-51-2201 . Weekly compensation payments must be made at the end of each 2-week period. Weekly compensation payments may not be paid for the first week after the criminally injurious conduct occurred, but if total actual loss of wages continues for 1 week, weekly compensation payments must be paid from the date the wage loss began. Weekly compensation payments must continue until the claimant has a reasonable prospect of being regularly employed in the normal labor market.

(2) The claimant is entitled to be reimbursed for reasonable services by a physician or surgeon, reasonable hospital services and medicines, and other treatment approved by the office for the injuries suffered due to criminally injurious conduct. Unless expressly requested by the claimant, benefits may not be paid under this subsection until the claimant has been fully compensated for total wage loss benefits as provided in subsection (1) or (7).

(3) (a) The dependents of a victim who is killed as a result of criminally injurious conduct are entitled to receive, in a gross single amount payable to all dependents, weekly benefits amounting to 66 2/3% of the wages received at the time of the criminally injurious conduct causing the death, subject to a maximum of one-half the state's average weekly wage as determined in 39-51-2201 . Weekly compensation payments must be made at the end of each 2-week period.

(b) Benefits under subsection (3)(a) must be paid to the spouse for the benefit of the spouse and other dependents unless the office determines that other payment arrangements should be made. If a spouse dies or remarries, benefits under subsection (3)(a) must cease to be paid to the spouse but must continue to be paid to the other dependents as long as their dependent status continues.

(4) Reasonable funeral and burial expenses of the victim, not exceeding $10,000, must be paid if all other collateral sources have properly paid expenses but have not covered all expenses.

(5) Compensation payable to a victim and all of the victim's dependents in cases of the victim's death because of injuries suffered due to an act of criminally injurious conduct may not exceed $25,000 in the aggregate.

(6) Compensation benefits are not payable for pain and suffering, inconvenience, physical impairment, or nonbodily damage.

(7) (a) A person who has suffered injury as a result of criminally injurious conduct and as a result of the injury has no reasonable prospect of being regularly employed in the normal labor market and who was employable but was not employed at the time of the injury may in the discretion of the office be awarded weekly compensation benefits in an amount determined by the office not to exceed $100 per week. Weekly compensation payments must continue until the claimant has a reasonable prospect of being regularly employed in the normal labor market. The claimant must be awarded benefits as provided in subsection (2).

(b) The dependents of a victim who is killed as a result of criminally injurious conduct and who was employable but not employed at the time of death may in the discretion of the office be awarded, in a gross single amount payable to all dependents, a sum not to exceed $100 per week, which is payable in the manner and for the period provided by subsection (3)(b) or for a shorter period as determined by the office. The claimant must be awarded benefits as provided in subsection (4).

(8) Except for benefits paid under subsections (3), (5), and (7)(b) or other benefits paid when the victim is killed as a result of criminally injurious conduct, amounts payable as weekly compensation may not be commuted to a lump sum and may not be paid less frequently than every 2 weeks.

(9) (a) Subject to the limitations in subsection (9)(e), the spouse, parent, child, brother, or sister of a victim who is killed as a result of criminally injurious conduct is entitled to reimbursement for mental health treatment received as a result of the victim's death.

(b) Subject to the limitations in subsection (9)(e), the parent, brother, or sister of a minor who is a victim of criminally injurious conduct involving a sexual offense and who is not entitled to receive services under Title 41, chapter 3, is entitled to reimbursement for mental health treatment received as a result of that criminally injurious conduct.

(c) Subject to the limitations in subsection (9)(e), the parent or guardian of a minor who is a victim of criminally injurious conduct involving a sexual offense and who is not entitled to receive services under Title 41, chapter 3, is entitled to:

(i) claim benefits under subsection (1);

(ii) mileage at the rate allowed by the internal revenue service for the current year; and

(iii) if not receiving benefits under subsection (9)(c)(i), actual wage loss reimbursement for wage loss incurred taking the minor victim to mental health or medical treatment received as a result of that criminally injurious conduct.

(d) Subject to the limitations in subsection (9)(e), minor children who were present in a home where domestic violence occurred are entitled to reimbursement for mental health treatment received as a result of that criminally injurious conduct.

(e) Total payments made under subsections (9)(a) through (9)(d) may not exceed $5,000 or 12 consecutive months of treatment for each person, whichever occurs first.
Mont. Code Ann. § 53-21-167 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-167
53-21-167 Patient labor
Status: in_force

53-21-167 . Patient labor. The following rules govern patient labor:

(1) A patient may not be required to perform labor that involves the operation and maintenance of a facility or for which the facility is under contract with an outside organization. Privileges or release from the facility may not be conditioned upon the performance of labor covered by this provision. Patients may voluntarily engage in the labor if the labor is compensated in accordance with the minimum wage laws of the Fair Labor Standards Act of 1938, 29 U.S.C. 206, as amended.

(2) (a) Patients may be required to perform therapeutic tasks that do not involve the operation and maintenance of the facility if the specific task or any change in assignment is:

(i) an integrated part of the patient's treatment plan and approved as a therapeutic activity by a professional person responsible for supervising the patient's treatment; and

(ii) supervised by a staff member to oversee the therapeutic aspects of the activity.

(b) Patients may voluntarily engage in therapeutic labor for which the facility would otherwise have to pay an employee if the specific labor or any change in labor assignment is:

(i) an integrated part of the patient's treatment plan and approved as a therapeutic activity by a professional person responsible for supervising the patient's treatment;

(ii) supervised by a staff member to oversee the therapeutic aspects of the activity; and

(iii) compensated in accordance with the minimum wage laws of the Fair Labor Standards Act of 1938, 29 U.S.C. 206, as amended.

(3) If any patient performs therapeutic labor that involves the operation and maintenance of a facility but due to physical or mental disability is unable to perform the labor as efficiently as a person not so physically or mentally disabled, then the patient may be compensated at a rate that bears the same approximate relation to the statutory minimum wage as the patient's ability to perform that particular job bears to the ability of a person not so afflicted.

(4) Patients may be required to perform tasks of a personal housekeeping nature, such as the making of one's own bed.

(5) Deductions or payments for care and other charges may not deprive a patient of a reasonable amount of the compensation received pursuant to this section for personal and incidental purchases and expenses.
Mont. Code Ann. § 53-6-501 — MT Code / Title 53 / Chapter 6 / Part 5 / Section 53-6-501
53-6-501 Traumatic brain injury defined
Status: in_force

53-6-501 . Traumatic brain injury defined. (1) (a) As used in 53-6-502 and this section, "traumatic brain injury" means:

(i) an injury to the brain caused by an external physical force, including but not limited to a motor vehicle accident, a fall, an assault, a sports injury, or a recreational or work-related accident; or

(ii) brain damage caused by an internal occurrence including but not limited to:

(A) disease, such as a benign or malignant tumor, meningitis, or encephalitis; or

(B) a cerebrovascular accident, such as stroke, atherosclerosis, aneurysm, or arteriovenous malformation; or

(C) anoxia, including but not limited to anoxia caused by near drowning, drug overdose, kidney or heart failure, chemical exposure, or electrical shock.

(b) The term "traumatic brain injury" does not include injuries of a degenerative or congenital nature.

(2) Traumatic brain injury as defined in this section may produce a diminished or altered state of consciousness that results in a temporary or permanent impairment of cognitive or mental abilities, physical functioning, or behavioral or emotional functioning.
Mont. Code Ann. § 53-30-610 — MT Code / Title 53 / Chapter 30 / Part 6 / Section 53-30-610
53-30-610 Restrictions on inmate movements
Status: in_force

53-30-610 . Restrictions on inmate movements. An inmate may not leave the secure premises of a private correctional facility except to comply with a court order, to receive medical care that is not available at the private correctional facility, or as part of a work program without the express written approval of the department. Any movement of an inmate outside of the secure premises of the private correctional facility must be in compliance with approved policies and procedures established by the department.
Mont. Code Ann. § 53-30-511 — MT Code / Title 53 / Chapter 30 / Part 5 / Section 53-30-511
53-30-511 Local governmental entity authorized to enter into long-term contracts and to incur indebtedness -- noncompetition clause
Status: in_force

53-30-511 . Local governmental entity authorized to enter into long-term contracts and to incur indebtedness -- noncompetition clause. (1) A local governmental entity may enter into a long-term lease or agreement, not to exceed a term of 30 years, with a corporation proposing to operate a regional detention facility under this part. The local governmental entity may agree in the long-term lease or agreement to acquire the facility from the corporation through a lease or a lease option to purchase, subject to the limitations of Title 7, chapter 7, part 21.

(2) A contract may also contain a covenant by the local governmental entity that if the contract is terminated for nonappropriation of funds by the local governmental entity, the local governmental entity agrees not to purchase, lease, or rent property to perform the functions performed by the corporation and agrees not to permit the functions to be performed by its own employees or by any local governmental entity for a specified period of not less than 1 year and not more than the remaining original term of the contract.
Mont. Code Ann. § 53-4-233 — MT Code / Title 53 / Chapter 4 / Part 2 / Section 53-4-233
53-4-233 Eligibility determination for applications
Status: in_force

53-4-233 . Eligibility determination for applications. (1) Upon receiving an application for assistance under this part, the department shall promptly make an eligibility determination and notify the applicant in writing of the eligibility decision.

(2) Each applicant shall participate in any screening required by the department and must be informed of the applicant's right to a fair hearing and of the confidential nature of information secured.

(3) Upon completion of an eligibility determination and any required screening, aid must be furnished promptly to all eligible persons.
Mont. Code Ann. § 53-6-127 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-127
53-6-127 Rulemaking -- policy adjusters
Status: in_force

53-6-127 . Rulemaking -- policy adjusters. The department may by rule adopt policy adjusters for certain categories of service. A policy adjuster may not be less than 1.
Mont. Code Ann. § 53-6-905 — MT Code / Title 53 / Chapter 6 / Part 9 / Section 53-6-905
53-6-905 Terminated
Status: in_force

53-6-905 . Terminated. Sec. 1, Ch. 28, L. 1999.
Mont. Code Ann. § 53-6-1313 — MT Code / Title 53 / Chapter 6 / Part 13 / Section 53-6-1313
53-6-1313 Reduction in federal medical assistance percentage
Status: in_force

53-6-1313 . Reduction in federal medical assistance percentage. If the federal medical assistance percentage for medical services provided to individuals eligible for medicaid-funded services pursuant to 53-6-1304 is set below the levels established in 42 U.S.C. 1396d(y)(1) on the effective date of this section, the continuation of coverage under this part is contingent on:

(1) the appropriation of additional state general fund or other action by the legislature;

(2) the ability of the department to increase premiums assessed under 53-6-1307 to pay the difference; or

(3) a combination of legislative action and premium increases as necessary to provide for the increased state match obligation.
Mont. Code Ann. § 53-6-116 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-116
53-6-116 Medicaid managed care -- capitated health care
Status: in_force

53-6-116 . Medicaid managed care -- capitated health care. (1) The department of public health and human services, in its discretion, may develop managed care and capitated health care systems for medicaid recipients.

(2) The department may contract with one or more persons for the management of comprehensive physical health services and the management of comprehensive mental health services for medicaid recipients. The department may contract for the provision of these services by means of a fixed monetary or capitated amount for each recipient.

(3) A managed care system is a program organized to serve the medical needs of medicaid recipients in an efficient and cost-effective manner by managing the receipt of medical services for a geographical or otherwise defined population of recipients through appropriate health care professionals.

(4) The provision of medicaid services through managed care and capitated health care systems is not subject to the limitations provided in 53-6-104 . The managed care or capitated health care system that is provided to a defined population of recipients may be based on one or more of the medical assistance services provided for in 53-6-101 .

(5) The proposed systems, referred to in subsection (1), must be submitted to the legislative finance committee. The legislative finance committee shall review the proposed systems at its next regularly scheduled meeting and shall provide any comments concerning the proposed systems to the department.

(6) A managed care or capitated health care system, except for a primary care case management service, that requires for implementation a waiver from the centers for medicare and medicaid is subject to the provisions of Title 53, chapter 6, part 7.

(7) The department may not require an enrollee to participate in a primary care case management service if the enrollee enters into a direct patient care agreement pursuant to 50-4-107 .
Mont. Code Ann. § 53-6-706 — MT Code / Title 53 / Chapter 6 / Part 7 / Section 53-6-706
53-6-706 Requirements relating to enrollees
Status: in_force

53-6-706 . Requirements relating to enrollees. (1) All individuals enrolled in the program must be provided with a full written explanation of all fee-for-service and managed health care plan options as provided by rule. The department shall provide to enrollees, upon enrollment in the program and at least annually, notice of the process for requesting an appeal under the department's administrative appeal procedures. The department shall maintain a toll-free telephone number for program enrollees' use in reporting problems with managed health care entities.

(2) If an individual becomes eligible for participation in the program while the individual is hospitalized, the department may, but is not required to, enroll the individual in the program prior to the individual's discharge from the hospital. This subsection does not apply to a newborn infant whose mother is enrolled in the program.

(3) The department shall, by rule, establish rates for managed health care entities that:

(a) are in accordance with federal requirements and with the department's current payment system;

(b) take into account any difference of cost to provide health care to different populations based on age and eligibility category. The rates for managed health care entities must be determined on a capitated basis.

(c) are based on treatment settings reasonably available to enrollees.
Mont. Code Ann. § 53-2-209 — MT Code / Title 53 / Chapter 2 / Part 2 / Section 53-2-209
53-2-209 Olmstead plan -- stakeholder involvement -- elements
Status: in_force

53-2-209 . Olmstead plan -- stakeholder involvement -- elements. (1) The department shall develop and implement a plan to ensure that state-funded services and supports for Montanans with disabilities are, to the greatest extent possible, provided in the community rather than in an institutional setting in accordance with the requirements of the United States supreme court decision in Olmstead v. L.C., 527 U.S. 581 (1999).

(2) The department shall consult with the statewide independent living council established pursuant to 29 U.S.C. 796d and, as appropriate, other stakeholders prior to determining the process for developing a comprehensive plan for reviewing and making recommendations on department-funded, community-based services for individuals with physical, mental, and developmental disabilities.

(3) The department may contract with a third party for development of the plan.

(4) The plan must include:

(a) an overview of the Olmstead decision;

(b) an analysis of the department's current efforts to integrate people with disabilities into the community and the department-funded services and supports available to people with disabilities, including:

(i) the populations currently served, by disability and geographic location;

(ii) the settings in which services are provided; and

(iii) expenditures made for the services and supports;

(c) an assessment of the strengths and weaknesses of the system, including but not limited to:

(i) an analysis of the number and location of people waiting for services;

(ii) workforce needs; and

(iii) suggestions from individuals receiving department-funded services and supports;

(d) recommendations for increasing the availability of and access to community-based services and supports, including:

(i) the steps needed to correct unjustified institutionalization of individuals with disabilities and prevent future unnecessary institutionalization of the individuals; and

(ii) measurable goals for increased availability and access; and

(e) the incorporation of quality assurance activities to ensure compliance with the principles of the Olmstead decision.

(5) The plan must take into consideration that community supports must be provided when required pursuant to Olmstead v. L.C.

(6) The department and any third-party contractor shall provide regular opportunities for stakeholder input into the development of the plan and for stakeholder comment on subsequent implementation of the plan.

(7) No later than June 30, 2029, and every 6 years after that, the department shall review the plan to ensure it remains consistent with the principles of the Olmstead decision.
Mont. Code Ann. § 53-21-1335 — MT Code / Title 53 / Chapter 21 / Part 13 / Section 53-21-1335
53-21-1335 Judicial review
Status: in_force

53-21-1335 . Judicial review. (1) A health care provider, principal, agent, or other interested person may request judicial review of the validity of a directive.

(2) A health care provider, principal, or other interested person may request judicial review of a decision by the agent.
Mont. Code Ann. § 53-6-403 — MT Code / Title 53 / Chapter 6 / Part 4 / Section 53-6-403
53-6-403 Home and community-based services waivers -- legislative findings and intent
Status: in_force

53-6-403 . Home and community-based services waivers -- legislative findings and intent. (1) The legislature finds that home and community-based services allow individuals who would otherwise need an institutional level of care to remain in their homes and to better integrate into their communities.

(2) The legislature further finds that home and community-based services offer a lower-cost alternative to institutional care.

(3) The legislature further finds that waiver participants often need multiple services that individually may not prevent institutionalization but when provided as a package allow a person to remain in a home or community setting.

(4) It is the intent of the legislature that in evaluating the services proposed for waiver participants, the department shall:

(a) review whether the services and equipment recommended by medical professionals will collectively, not individually, prevent an individual from requiring an institutional level of care; and

(b) approve each waiver service or item of medical equipment that will contribute to allowing a person to remain in a home or community setting even if the service or item on its own would not prevent an institutional level of care.
Mont. Code Ann. § 53-21-1108 — MT Code / Title 53 / Chapter 21 / Part 11 / Section 53-21-1108
53-21-1108 Terminated
Status: in_force

53-21-1108 . Terminated. Sec. 16, Ch. 353, L. 2013.
Mont. Code Ann. § 53-30-151 — MT Code / Title 53 / Chapter 30 / Part 1 / Section 53-30-151
53-30-151 Prison maintenance by inmates
Status: in_force

53-30-151 . Prison maintenance by inmates. An inmate of a state prison may be required to:

(1) keep the living quarters assigned to that inmate clean and orderly;

(2) perform general maintenance and repair work on prison grounds and facilities and assist in providing services essential to the administration of the prison, including but not limited to food and laundry services.
Mont. Code Ann. § 53-6-708 — MT Code / Title 53 / Chapter 6 / Part 7 / Section 53-6-708
53-6-708 Waiver
Status: in_force

53-6-708 . Waiver. The department may seek and obtain any necessary authorization provided under federal law to implement the program, including the waiver of any federal statutes or regulations. The department may not expand eligibility requirements unless authorized by the legislature. The department may seek a waiver of the federal requirement that the combined membership of medicare and medicaid enrollees in a managed health care entity may not exceed 75% of the managed health care entity's total enrollment. The department may not seek a waiver of the inpatient hospital reimbursement methodology in 42 U.S.C. 1396a(a)(13) even if the federal agency responsible for administering Title XIX determines that 42 U.S.C. 1396a(a)(13) applies to managed health care systems.
Mont. Code Ann. § 53-21-115 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-115
53-21-115 Procedural rights
Status: in_force

53-21-115 . Procedural rights. In addition to any other rights that may be guaranteed by the constitution of the United States and of this state, by the laws of this state, or by this part, any person who is involuntarily detained or against whom a petition is filed pursuant to this part has the following rights:

(1) the right to notice reasonably in advance of any hearing or other court proceeding concerning the person;

(2) the right in any hearing to be present, to offer evidence, and to present witnesses in any proceeding concerning the person;

(3) the right to know, before a hearing, the names and addresses of any witnesses who will testify in support of a petition;

(4) the right in any hearing to cross-examine witnesses;

(5) the right to be represented by counsel;

(6) the right to remain silent;

(7) the right in any hearing to be proceeded against according to the rules of evidence applicable to civil matters generally;

(8) the right to view and copy all petitions on file with the court concerning the person;

(9) the right to be examined by a professional person of the person's choice when the professional person is willing and reasonably available;

(10) the right to be dressed in the person's own clothes at any hearing held pursuant to this part;

(11) the right to refuse any but lifesaving medication for up to 24 hours prior to any hearing held pursuant to this part; and

(12) the right to voluntarily take necessary medications prior to any hearing pursuant to this part.
Mont. Code Ann. § 53-10-503 — MT Code / Title 53 / Chapter 10 / Part 5 / Section 53-10-503
53-10-503 Eligible human resource development councils
Status: in_force

53-10-503 . Eligible human resource development councils. The department may not distribute block grant funds unless the human resource development council:

(1) meets the eligibility requirements set forth in 42 U.S.C. 9904, including composition of the board; and

(2) has complied with federal and state fiscal control requirements and agrees to comply with all fiscal and program requirements of federal law.
Mont. Code Ann. § 53-6-711 — MT Code / Title 53 / Chapter 6 / Part 7 / Section 53-6-711
53-6-711 Requests for proposals and contracts -- review requirements -- public notice and comment
Status: in_force

53-6-711 . Requests for proposals and contracts -- review requirements -- public notice and comment. (1) Before the department issues a request for proposals or awards a contract for the provision of services through a managed health care entity:

(a) the department shall meet the public notice, legislative presentation, and public comment requirements of 53-2-215 ;

(b) the legislative auditor's office and the state auditor's office, in consultation with the department, shall analyze the request for proposal and the proposed contract for:

(i) actuarial soundness;

(ii) network adequacy as provided for in Title 33, chapter 36, part 2; and

(iii) consumer choice; and

(c) within 60 days of receipt of the request for proposal and proposed contract, the legislative auditor's office and state auditor's office shall complete their analyses and publish the findings of their analyses.

(2) (a) Before the department may award a contract, it shall seek an independent analysis to verify that the potential vendor is able to comply with the goals of the proposed managed care program.

(b) The vendor shall pay the costs of the analysis.
Mont. Code Ann. § 53-20-204 — MT Code / Title 53 / Chapter 20 / Part 2 / Section 53-20-204
53-20-204 Rules
Status: in_force

53-20-204 . Rules. (1) The department may adopt rules necessary for the proper administration of this part, including but not limited to:

(a) the training and other standards necessary to provide crisis support services as allowed under 53-20-216 ; and

(b) the reimbursement rates for crisis support services provided pursuant to 53-20-216 .

(2) The department shall adopt rules in cooperation with the board of nursing under which a properly trained staff member of a facility providing services to persons with developmental disabilities under this part may assist and supervise a client of the facility in taking medication if the medication is usually self-administered and if a physician has prescribed the assistance.
Mont. Code Ann. § 53-30-611 — MT Code / Title 53 / Chapter 30 / Part 6 / Section 53-30-611
53-30-611 Failure to comply with law -- action by department
Status: in_force

53-30-611 . Failure to comply with law -- action by department. (1) A contractor shall remain in strict compliance with this part, established applicable American correctional association and national commission on correctional health care standards, as determined by the department by administrative rule, department rules, and contract requirements.

(2) If the department determines at any time that a private correctional facility does not conform to this part, applicable American correctional association and national commission on correctional health care standards, department rules, and contract requirements, the department shall notify the chief executive officer and the owner or operator, or both, of the private correctional facility. The notice must state the deficiencies and order that they be remedied within a specified period of time not to exceed 1 year. If the deficiencies are not remedied within that time, the department may hold a contested case hearing under Title 2, chapter 4, and if the department finds that suspension or revocation is warranted by nonconformance with this part, applicable American correctional association and national commission on correctional health care standards, department rules, and contract requirements, the department may suspend or revoke the facility's license.

(3) If a private correctional facility fails to comply with this part, applicable American correctional association and national commission on correctional health care standards, department rules, or contract requirements within the specified time period, the state may assume control of the facility for the purpose of protecting the inmates, facility staff, or the public. If the state assumes control of the facility, the department shall suspend payment for any services, and the department assumes the costs of assuming control.

(4) The department may assume emergency control of a private correctional facility if substantial violations exist that affect the life, health, or safety of the inmates, facility employees, or the public or that otherwise substantially impact the security of the private correctional facility.

(5) In the event that a contractor fails to comply with this part, applicable American correctional association and national commission on correctional health care standards, department rules, or contract requirements, the state may retain the option of purchasing or leasing the facility.

(6) If either the state or the contractor fails to renew a contract, the state may retain the option of purchasing or leasing the facility.

(7) If the state retains the option of purchasing or leasing the facility under subsections (5) and (6) of this section, because it requires the creation of state debt, the appropriation bill that funds the purchase of services from the facility must be treated in the same manner as a bill creating state debt and requires a vote of two-thirds of the members of each house of the legislature for passage.
Mont. Code Ann. § 53-6-1311 — MT Code / Title 53 / Chapter 6 / Part 13 / Section 53-6-1311
53-6-1311 Medicaid program reforms
Status: in_force

53-6-1311 . Medicaid program reforms. (1) To ensure that the Montana medicaid program is administered efficiently and effectively, the department shall strengthen existing programs that manage the way members obtain approval for medical services and shall establish additional programs designed to reduce costs and improve medical outcomes. The efforts may include but are not limited to:

(a) establishing by rule requirements designed to strengthen the relationship between physicians and members enrolled in existing primary care case management programs;

(b) strengthening data-sharing arrangements with providers to reduce inappropriate use of emergency room services and overuse of other services;

(c) expanding to additional members any existing programs in which case managers and providers work with members with high-risk medical conditions to provide preventive care and advice and to make referrals for medical services;

(d) establishing, within existing funds, one or more pilot programs to improve the health of members, including but not limited to efforts to increase pain management, decrease emergency department overuse, and prevent drug or alcohol addiction or abuse;

(e) reviewing existing primary care case management programs to evaluate and improve their effectiveness; and

(f) engaging members with chronic or other medical or behavioral health conditions in coordinated care models that more closely monitor and manage a member's health to reduce costs or improve medical outcomes. These coordinated care models may include but are not limited to:

(i) patient-centered medical homes;

(ii) accountable care organizations;

(iii) managed care organizations as defined in 42 CFR 438.2;

(iv) health improvement programs;

(v) health homes for behavioral health or other chronic conditions; and

(vi) changes to current service delivery methods.

(2) The department shall work to reduce fraud, waste, and abuse in the medicaid program before, during, and after enrollment by enhancing technology system support to provide knowledge-based authentication for verifying the identity and financial status of individuals seeking benefits, including the use of public records to confirm identity and flag changes in demographics.

(3) The department may ask a third-party administrator under contract with the department to assist in efforts undertaken pursuant to subsections (1) and (2) when the activity can appropriately be handled by a third-party administrator.

(4) A care coordination entity used to deliver medicaid services shall meet all state standards for operation, including but not limited to solvency, consumer protection, nondiscrimination, network adequacy, care model design, and fraud and abuse standards.
Mont. Code Ann. § 53-24-312 — MT Code / Title 53 / Chapter 24 / Part 3 / Section 53-24-312
53-24-312 Recovery residence prohibitions
Status: in_force

53-24-312 . Recovery residence prohibitions. (1) The operator or staff of a recovery residence may not:

(a) make a materially false or misleading statement or provide materially false or misleading information about the residence's identity, products, goods, services, or geographical locations in its marketing and advertising materials, media, and website;

(b) include on a website false information or electronic links, coding, or activation that provides false information or that surreptitiously directs the reader to another website;

(c) solicit, receive, or make an attempt to solicit or receive a commission, benefit, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, in return for a referral or an acceptance or acknowledgment of treatment from a qualified health care provider, provider of alcohol and drug services, or alcohol and drug prevention or treatment facility;

(d) engage or make an attempt to engage in a split-fee arrangement in return for a referral or an acceptance or acknowledgment of treatment from a qualified health care provider, provider of alcohol and drug services, or alcohol and drug prevention or treatment facility; or

(e) enter into a contract with a marketing provider who agrees to generate referrals or leads for the placement of patients with a qualified health care provider, provider of alcohol and drug services, or alcohol and drug prevention or treatment facility through a call center or a web-based presence unless this contract is disclosed to the prospective patient or resident.

(2) In addition to any other penalty authorized by law, a recovery residence that knowingly violates this section is subject to prosecution and penalties pursuant to the Montana Consumer Protection Act, Title 30, chapter 14, part 1.
Mont. Code Ann. § 53-6-142 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-142
53-6-142 Periodic review of assistance
Status: in_force

53-6-142 . Periodic review of assistance. All medical assistance cases approved under this part must be reviewed as often as required under the rules of the department of public health and human services.
Mont. Code Ann. § 53-2-108 — MT Code / Title 53 / Chapter 2 / Part 1 / Section 53-2-108
53-2-108 Overpayment of assistance -- department errors involving food stamps -- civil penalty when fraud
Status: in_force

53-2-108 . Overpayment of assistance -- department errors involving food stamps -- civil penalty when fraud. (1) If, because of department or recipient error, a recipient receives public assistance for which the recipient is not eligible, the portion of payment that the recipient is not entitled to receive may be returned at the discretion of the department.

(2) (a) Except as provided in subsection (3), a recipient who receives an overpayment of food stamp benefits because of a department error in processing or administering the recipient's case is not required to repay the department for the overpayment if:

(i) the recipient notifies the department of the potential error; and

(ii) the department informs the recipient that no error occurred or fails to respond to the notification within 30 days.

(b) If a federal agency seeks repayment of an overpayment of food stamps in a case meeting the provisions of subsection (2)(a):

(i) the department is considered a person connected to the household for purposes of 7 CFR 273.18 and is liable for reimbursing the federal claim for the overpayment; and

(ii) the recipient is exempt from the unemployment withholding requirements of 39-51-2208 .

(3) If a person obtains any part of an assistance payment through fraudulent means as specified in 53-2-107 , 125% of the amount of assistance to which the person was not entitled must be repaid and, until fully paid, is a debt due the state.
Mont. Code Ann. § 53-6-134 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-134
53-6-134 Extension of eligibility for medical assistance to persons terminated from section 1931 medicaid program
Status: in_force

53-6-134 . Extension of eligibility for medical assistance to persons terminated from section 1931 medicaid program. (1) In providing for the extension of eligibility for medical assistance under subsection (2), the department may provide for health insurance or other health coverage in accordance with subsections 1925(a)(4)(B) and 1925(b)(4)(C) of Title XIX of the Social Security Act, 42 U.S.C. 1396r-6(a)(4)(B) and 42 U.S.C. 1396r-6(b)(4)(C), and may exercise the other options contained in section 1925 of Title XIX of the Social Security Act, 42 U.S.C. 1396r-6, regarding the provision of medical assistance.

(2) In accordance with waivers of federal law that are granted by the secretary of the U.S. department of health and human services, the department of public health and human services may provide extended eligibility for medical assistance for a period of time established by the department by rule for persons receiving section 1931 medicaid benefits, as defined in 53-4-602 , who lose eligibility because of increased earned or unearned income to the assistance unit, as that term is defined in the rules of the department, provided that the family's income does not exceed a percentage of the federal poverty level established by the department by rule. The department, in exercising its discretion to establish income standards and duration of extended medical assistance by rule, may consider the amount of funds appropriated by the legislature.
Mont. Code Ann. § 53-20-142 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-142
53-20-142 Rights while in residential facility
Status: in_force

53-20-142 . Rights while in residential facility. Persons admitted to a residential facility for a period of habilitation have the following rights:

(1) Residents have a right to dignity, privacy, and humane care.

(2) Residents are entitled to send and receive sealed mail. Moreover, it is the duty of the facility to foster the exercise of this right by furnishing the necessary materials and assistance.

(3) Residents must have the same rights and access to private telephone communication as patients at any public hospital except to the extent that the individual treatment planning team or the qualified intellectual disability professional responsible for formulation of a particular resident's habilitation plan writes an order imposing special restrictions and explains the reasons for the restrictions. The written order must be renewed monthly if any restrictions are to be continued.

(4) Residents have an unrestricted right to visitation except to the extent that the individual treatment planning team or the qualified intellectual disability professional responsible for formulation of a particular resident's habilitation plan writes an order imposing special restrictions and explains the reasons for the restrictions. The written order must be renewed monthly if restrictions are to be continued.

(5) Residents have a right to receive suitable educational and habilitation services regardless of chronological age, degree of intellectual disability, or accompanying disabilities.

(6) Each resident must have an adequate allowance of neat, clean, suitably fitting, and seasonable clothing. Except when a particular kind of clothing is required because of a particular condition, residents must have the opportunity to select from various types of neat, clean, and seasonable clothing. The clothing must be considered the resident's throughout the resident's stay in the facility. Clothing, both in amount and type, must make it possible for residents to go out of doors in inclement weather, to go for trips or visits appropriately dressed, and to make a normal appearance in the community. The facility shall make provision for the adequate and regular laundering of the residents' clothing.

(7) Each resident has the right to keep and use the resident's own personal possessions except insofar as the clothes or personal possessions may be determined by the individual treatment planning team or the qualified intellectual disability professional to be dangerous either to the resident or to others.

(8) Each resident has a right to a humane physical environment within the residential facility. The facility must be designed to make a positive contribution to the efficient attainment of the habilitation goals of the resident. To accomplish this purpose:

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

(b) pursuant to an established routine maintenance and repair program, the physical plant must be kept in a continuous state of good repair and operation so as to ensure the health, comfort, safety, and well-being of the residents and so as not to impede in any manner the habilitation programs of the residents;

(c) the physical facilities must meet all fire and safety standards established by the state and locality. In addition, the facility must meet the provisions of the life safety code of the national fire protection association that are applicable to it.

(d) there must be special facilities for nonambulatory residents to ensure their safety and comfort, including special fittings on toilets and wheelchairs. Appropriate provision must be made to permit nonambulatory residents to communicate their needs to staff.

(9) Residents have a right to receive prompt and adequate medical treatment for any physical or mental ailments or injuries or physical disabilities and for the prevention of any illness or disability. The medical treatment must meet standards of medical practice in the community. However, nothing in this subsection may be interpreted to impair other rights of a resident in regard to involuntary commitment for mental illness, use of psychotropic medication, use of hazardous, aversive, or experimental procedures, or the refusal of treatment.

(10) Corporal punishment is not permitted.

(11) The opportunity for religious worship must be accorded to each resident who desires worship. Provisions for religious worship must be made available to all residents on a nondiscriminatory basis. An individual may not be compelled to engage in any religious activities.

(12) Residents have a right to a nourishing, well-balanced diet. The diet for residents must provide at a minimum the recommended daily dietary allowance as developed by the national academy of sciences. Provisions must be made for special therapeutic diets and for substitutes at the request of the resident, the resident's parents, guardian, or next of kin, or the responsible person appointed by the court in accordance with the religious requirements of any resident's faith. Denial of a nutritionally adequate diet may not be used as punishment.

(13) Residents have a right to regular physical exercise several times a week. It is the duty of the facility to provide both indoor and outdoor facilities and equipment for exercise. Residents have a right to be outdoors daily in the absence of contrary medical considerations.

(14) Residents have a right, under appropriate supervision, to suitable opportunities for the interaction with members of the opposite sex, as defined in 1-1-201 , except when the individual treatment planning team or the qualified intellectual disability professional responsible for the formulation of a particular resident's habilitation plan writes an order to the contrary and explains the reasons for the order. The order must be renewed monthly if the restriction is to be continued.
Mont. Code Ann. § 53-6-185 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-185
53-6-185 Disposition of sale proceeds -- application of recovered medical assistance
Status: in_force

53-6-185 . Disposition of sale proceeds -- application of recovered medical assistance. (1) The proceeds of a sale of property sold pursuant to a writ of execution issued under 53-6-183 must be distributed in the following order:

(a) as satisfaction of any unpaid property taxes and prior recorded interests as described in 53-6-174 (2);

(b) as payment of any claims under 53-6-186 (3) and (4);

(c) to the department for application to any costs incurred under 53-6-186 (1) and (2) or incurred in collection;

(d) to the department for recoverable medical assistance.

(2) The department shall apply any funds received under subsection (1)(d) proportionately to the federal and state shares of recoverable medical assistance.

(3) Any excess funds remaining after application of proceeds to recoverable medical assistance must be paid to the recipient, if living, or otherwise to the recipient's representative or successor in interest.
Mont. Code Ann. § 53-4-1008 — MT Code / Title 53 / Chapter 4 / Part 10 / Section 53-4-1008
53-4-1008 Participant cost sharing
Status: in_force

53-4-1008 . (Temporary) Participant cost sharing. The department of public health and human services may charge fees to participants in the program. The fees may include:

(1) monthly or yearly enrollment fees;

(2) minimum charges to be incurred or spent before benefits are paid;

(3) cost sharing for individual benefits; and

(4) other types of charges assessed as part of the program. (Terminates on occurrence of contingency--sec. 15, Ch. 571, L. 1999.)
Mont. Code Ann. § 53-24-301 — MT Code / Title 53 / Chapter 24 / Part 3 / Section 53-24-301
53-24-301 Treatment of the chemically dependent
Status: in_force

53-24-301 . Treatment of the chemically dependent. (1) An applicant for voluntary admission or court-referred admission to an approved public or private treatment facility shall obtain confirmation that the applicant is chemically dependent and appropriate for medically monitored or managed inpatient care as described in the department's administrative rules. Any of the following health care professionals licensed under Title 37 may provide the confirmation required under this section:

(a) a physician;

(b) a naturopathic physician;

(c) a physician assistant;

(d) an advanced practice registered nurse; or

(e) a licensed addiction counselor.

(2) The department shall adopt rules to establish policies and procedures governing assessment, patient placement, confirmation, and admission to an approved public or private treatment facility. If the proposed patient is a minor or an incompetent person, the proposed patient or a parent, legal guardian, or other legal representative may make the application.

(3) Subject to rules adopted by the department, the administrator of an approved public treatment facility may determine who is admitted for treatment. If a person is refused admission to an approved public treatment facility, the administrator, subject to departmental rules, shall refer the person to an approved private treatment facility for treatment if possible and appropriate.

(4) If a patient receiving inpatient care leaves an approved public treatment facility, the patient must be encouraged to consent to appropriate outpatient or intermediate treatment. If it appears to the administrator of the treatment facility that the patient is chemically dependent and requires help, the department shall arrange for assistance in obtaining supportive services and residential facilities.

(5) If a patient leaves an approved public treatment facility, with or against the advice of the administrator of the facility, the department shall make reasonable provisions for the patient's transportation to another facility or to the patient's home. If the patient has no home, the patient must be assisted in obtaining shelter. If the patient is a minor or an incompetent person, the request for discharge from an inpatient facility must be made by a parent, legal guardian, or other legal representative or by the minor or incompetent, if the minor or incompetent person was the original applicant.
Mont. Code Ann. § 53-2-207 — MT Code / Title 53 / Chapter 2 / Part 2 / Section 53-2-207
53-2-207 Power of department in administering state and federal funds
Status: in_force

53-2-207 . Power of department in administering state and federal funds. In administering or supervising any state or federal funds appropriated or made available to the department for public assistance purposes, the department may:

(1) make use of all legal processes to enforce the standards prescribed for public assistance purposes by the department; and

(2) require that each part of the public assistance laws be in effect in all counties of the state.
Mont. Code Ann. § 53-6-1312 — MT Code / Title 53 / Chapter 6 / Part 13 / Section 53-6-1312
53-6-1312 Health care services payment schedules
Status: in_force

53-6-1312 . Health care services payment schedules. (1) The department of corrections and the department of public health and human services shall reimburse health care service for individuals identified in subsection (2) at the rates adopted by the department for the medicaid program under Title 53, chapter 6, part 1, if the health care services are not otherwise covered by medicaid, medicare, a health insurer, or another private or governmental program that pays for health care costs.

(2) This section applies to individuals:

(a) in the custody of the department of corrections; or

(b) who are residents, by commitment or otherwise, of the Montana state hospital, the Montana mental health nursing care center, the Montana chemical dependency center, the state facility at Galen, or the Montana developmental center.
Mont. Code Ann. § 53-24-303 — MT Code / Title 53 / Chapter 24 / Part 3 / Section 53-24-303
53-24-303 Treatment and services for intoxicated persons
Status: in_force

53-24-303 . Treatment and services for intoxicated persons. (1) A person who appears to be intoxicated in a public place and to be in need of help may be assisted to the person's home, an approved private treatment facility, or other health care facility by the police.

(2) 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. § 53-2-502 — MT Code / Title 53 / Chapter 2 / Part 5 / Section 53-2-502
53-2-502 Cooperation of governmental agencies with department of justice
Status: in_force

53-2-502 . Cooperation of governmental agencies with department of justice. All state departments and agencies and county or other governmental agencies shall cooperate with the department of justice and its employees to effectuate the purpose of this part.