Mont. Code Ann. § 53-2-1207 — MT Code / Title 53 / Chapter 2 / Part 12 / Section 53-2-1207
53-2-1207 Coordination of services
Status: in_force

53-2-1207 . Coordination of services. The board shall assist the governor in developing and continuously improving the statewide system of activities that are provided within the state workforce development systems by developing linkages in order to ensure coordination among the programs described in section 121(b) of the Act, 29 U.S.C. 3151(b).
Mont. Code Ann. § 53-30-603 — MT Code / Title 53 / Chapter 30 / Part 6 / Section 53-30-603
53-30-603 Private correctional facilities -- confinable persons
Status: in_force

53-30-603 . Private correctional facilities -- confinable persons. (1) An individual, corporation, partnership, association, or other private organization or entity may not construct a private correctional facility in this state unless authorized by the department.

(2) An individual, corporation, partnership, association, or other private organization or entity may not operate a private correctional facility in this state unless licensed by the department. A license is nontransferable.

(3) A person convicted in any state or U.S. federal court may be confined in a private correctional facility in this state pursuant to approval by the department of a written agreement between the originating jurisdiction and the private correctional facility if the person is at all times and in all places within the correctional facility kept physically separated from persons convicted in this state. The agreement must include provisions for returning an out-of-state inmate to the originating jurisdiction prior to the inmate's parole or release.
Mont. Code Ann. § 53-2-903 — MT Code / Title 53 / Chapter 2 / Part 9 / Section 53-2-903
53-2-903 Employment and training program
Status: in_force

53-2-903 . Employment and training program. The department shall establish and administer an employment and training program for food stamp recipients that is in compliance with federal requirements.
Mont. Code Ann. § 53-20-225 — MT Code / Title 53 / Chapter 20 / Part 2 / Section 53-20-225
53-20-225 Department monitoring of Montana developmental center residents -- report to legislature
Status: in_force

53-20-225 . Department monitoring of Montana developmental center residents -- report to legislature. (1) The department shall monitor:

(a) individuals released from the Montana developmental center and placed in a community home as defined in 53-20-302 for 2 years after placement in a community home; and

(b) for the duration of their residency, individuals who are admitted to and residing at the Montana developmental center.

(2) The department shall evaluate on a quarterly basis behaviors in the following areas to determine whether the skills, abilities, and behaviors of an individual subject to this section have improved, diminished, or remained unchanged:

(a) verbal or nonverbal communication, as appropriate for the individual;

(b) activities of daily living;

(c) emotional well-being;

(d) physical aggression; and

(e) sexually inappropriate behaviors.

(3) The department shall report on the results of the monitoring:

(a) at least quarterly to family members and guardians of the individuals if the family members and guardians are authorized to receive health care information; and

(b) annually to the children, families, health, and human services interim committee in accordance with 5-11-210 . The report to the interim committee may provide information only in an aggregate form and may not contain any individually identifying information.
Mont. Code Ann. § 53-30-141 — MT Code / Title 53 / Chapter 30 / Part 1 / Section 53-30-141
53-30-141 Extension of limits of confinement
Status: in_force

53-30-141 . Extension of limits of confinement. (1) The department of corrections may extend the limits of confinement of the state prison in Deer Lodge for purposes of housing outside the prison fence inmates who:

(a) are employed in ranch or agricultural industry programs; and

(b) have demonstrated sufficient reliability and trustworthiness.

(2) Housing units outside the confines of the prison fence may be created by renovation of existing buildings or by the erection of modular-type units and associated facilities on the prison ranch.

(3) For the purpose of expediting the acquisition and construction of housing units authorized in subsection (2) the department of administration may exempt the project from provisions of Montana law relating to the employment of architects, advertising, labor, and wages. The department of administration need not comply with any state bidding requirements that would preclude a sole source purchase.
Mont. Code Ann. § 53-7-310 — MT Code / Title 53 / Chapter 7 / Part 3 / Section 53-7-310
53-7-310 Provision of services -- financial responsibility for services
Status: in_force

53-7-310 . Provision of services -- financial responsibility for services. (1) The department, in accord with this part and the Rehabilitation Act of 1973 (29 U.S.C. 701, et seq.), as may be amended, may provide to persons determined eligible under 53-7-306 any vocational rehabilitation services listed in 53-7-301 that are determined by the department to be appropriate and necessary for the person's vocational rehabilitation.

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

(a) counseling and guidance;

(b) diagnostic evaluation; and

(c) placement.

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

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

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

(b) pay the cost of vocational rehabilitation services to be provided to the person.
Mont. Code Ann. § 53-4-1009 — MT Code / Title 53 / Chapter 4 / Part 10 / Section 53-4-1009
53-4-1009 Department to adopt rules -- review by interim committee
Status: in_force

53-4-1009 . (Temporary) Department to adopt rules -- review by interim committee. (1) The department of public health and human services shall adopt rules necessary for the administration of the program, including rules governing the application process, termination, and confidentiality.

(2) The rules may include, as necessary:

(a) the amount, scope, and duration of specific services provided;

(b) criteria to ensure that the services provided are medically necessary and cost-effective;

(c) provisions for participant cost sharing, including, at the department's discretion:

(i) the establishment of enrollment fees, premiums, deductibles, and copayments; and

(ii) the process for setting the amounts of enrollment fees, premiums, deductibles, and copayments, taking into account a participant's family income and resources; and

(d) the type of professionals who may deliver services or direct the delivery of services and the qualifications required of those professionals.

(3) In adopting rules, the department shall consider the federal requirements on which the receipt of the federal share of program funds are contingent and may not include any provision that places that funding at risk. Rules adopted by the department must, when appropriate, take into account the availability of appropriated funds.

(4) Rules adopted by the department pursuant to 53-4-1004 and 53-4-1009 must be presented to and reviewed by an appropriate interim committee that examines issues related to children and families. (Terminates on occurrence of contingency--sec. 15, Ch. 571, L. 1999.)
Mont. Code Ann. § 53-2-211 — MT Code / Title 53 / Chapter 2 / Part 2 / Section 53-2-211
53-2-211 Department to share eligibility data
Status: in_force

53-2-211 . Department to share eligibility data. (1) The department shall make available to the unemployment compensation program of the department of labor and industry all information contained in its files and records pertaining to eligibility of persons for medicaid, cash assistance and nonfinancial assistance, as defined in 53-2-902 , and food stamps. The information made available must include information on the amount and source of an applicant's income. The information received from the department must be used by the department of labor and industry for the purpose of determining fraud, abuse, or eligibility for benefits under the unemployment compensation program of the state and for no other purpose.

(2) The department shall make available to the unemployment compensation and workers' compensation programs of the department of labor and industry all information contained in its files and records pertaining to eligibility of persons for low-income energy assistance and weatherization. The information made available must include information on the amount and source of an applicant's income. The information received from the department must be used by the department of labor and industry for the purpose of determining fraud, abuse, or eligibility for benefits under the unemployment compensation and workers' compensation programs of the state and for no other purpose.

(3) (a) Subject to federal restrictions, the department may request information from the department of labor and industry pertaining to unemployment, workers' compensation, and occupational disease benefits. If the department of labor and industry discovers evidence relating to fraud or abuse for unemployment, workers' compensation, or occupational benefits, the department of labor and industry may request information from the department of revenue pertaining to income as provided in 15-30-2618 (8)(b).

(b) The information must be used by the department for the purpose of determining fraud, abuse, or eligibility for benefits.

(4) The department may, to the extent permitted by federal law, make available to an agency of the state or to any other organization information contained in its files and records pertaining to the eligibility of persons for medicaid, cash assistance and nonfinancial assistance, as defined in 53-2-902 , food stamps, low-income energy assistance, weatherization, or other public assistance.
Mont. Code Ann. § 53-21-1210 — MT Code / Title 53 / Chapter 21 / Part 12 / Section 53-21-1210
53-21-1210 Terminated
Status: in_force

53-21-1210 . Terminated. Sec. 9, Ch. 416, L. 2019.
Mont. Code Ann. § 53-4-215 — MT Code / Title 53 / Chapter 4 / Part 2 / Section 53-4-215
53-4-215 Cooperation with federal government
Status: in_force

53-4-215 . Cooperation with federal government. The department shall cooperate with the federal government in matters of mutual concern pertaining to assistance to dependent children, including the adoption of such methods of administration as are found by the federal government to be necessary for the efficient operation of the plan for such assistance.
Mont. Code Ann. § 53-4-703 — MT Code / Title 53 / Chapter 4 / Part 7 / Section 53-4-703
53-4-703 Employment and training program established
Status: in_force

53-4-703 . Employment and training program established. The department shall establish and administer an intensive employment and training program in accordance with the requirements of section 103 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 42 U.S.C. 607.
Mont. Code Ann. § 53-2-102 — MT Code / Title 53 / Chapter 2 / Part 1 / Section 53-2-102
53-2-102 State treasurer to receive funds
Status: in_force

53-2-102 . State treasurer to receive funds. The treasurer of the state of Montana is hereby designated as the appropriate fiscal officer of the state to receive federal funds. All money for public assistance purposes appropriated by the legislature, received from the United States government, or received from any other source shall be paid into the state treasury to the credit of the department.
Mont. Code Ann. § 53-1-215 — MT Code / Title 53 / Chapter 1 / Part 2 / Section 53-1-215
53-1-215 Terminated
Status: in_force

53-1-215 . Terminated. Sec. 10, Ch. 413, L. 2013.
Mont. Code Ann. § 53-4-719 — MT Code / Title 53 / Chapter 4 / Part 7 / Section 53-4-719
53-4-719 Rulemaking authority
Status: in_force

53-4-719 . Rulemaking authority. The department of public health and human services may adopt rules necessary to implement the provisions of this part.
Mont. Code Ann. § 53-2-304 — MT Code / Title 53 / Chapter 2 / Part 3 / Section 53-2-304
53-2-304 Staff of public assistance program
Status: in_force

53-2-304 . Staff of public assistance program. The staff in each local office of public assistance must consist of at least one qualified staff worker. The department shall hire and supervise all public assistance staff.
Mont. Code Ann. § 53-2-301 — MT Code / Title 53 / Chapter 2 / Part 3 / Section 53-2-301
53-2-301 Local offices of public assistance to be established by department
Status: in_force

53-2-301 . Local offices of public assistance to be established by department. The department shall establish one or more local offices of public assistance in each county of the state. If conditions warrant, two or more counties may be combined into one administrative unit and the department may use the same local office of public assistance and staff to administer public assistance in the combined counties.
Mont. Code Ann. § 53-6-909 — MT Code / Title 53 / Chapter 6 / Part 9 / Section 53-6-909
53-6-909 Terminated
Status: in_force

53-6-909 . Terminated. Sec. 1, Ch. 28, L. 1999.
Mont. Code Ann. § 53-1-104 — MT Code / Title 53 / Chapter 1 / Part 1 / Section 53-1-104
53-1-104 Release of arsonist -- notification of department of justice
Status: in_force

53-1-104 . Release of arsonist -- notification of department of justice. (1) Each of the following institutions, correctional facilities, or other facilities having the charge or custody of a person convicted of arson or of a person acquitted of arson on the ground of mental disease or disorder shall give written notification to the department of justice when the person is admitted or released by it:

(a) the Montana state hospital;

(b) a state prison;

(c) a Montana correctional facility housing youth; or

(d) a county or city detention facility.

(2) The notification must disclose:

(a) the name of the person;

(b) where the person is or will be located; and

(c) the type of fire the person was involved in.
Mont. Code Ann. § 53-21-1013 — MT Code / Title 53 / Chapter 21 / Part 10 / Section 53-21-1013
53-21-1013 Purpose
Status: in_force

53-21-1013 . Purpose. The purpose of this part is to:

(1) create service area authorities that collaborate with the department and local advisory councils to plan, implement, and evaluate regional public mental health care within the budget constraints for each service region;

(2) promote consumer and family leadership within the public mental health system through service area authorities; and

(3) foster a consumer-driven and family-driven system of public mental health care that advances:

(a) access to a continuum of mental health services; and

(b) individual choice of services and providers.
Mont. Code Ann. § 53-24-102 — MT Code / Title 53 / Chapter 24 / Part 1 / Section 53-24-102
53-24-102 Declaration of policy
Status: in_force

53-24-102 . Declaration of policy. It is the policy of the state of Montana to recognize alcoholism as an illness and that alcoholics and intoxicated persons may not be subjected to criminal prosecution because of their consumption of alcoholic beverages but rather should be afforded a continuum of treatment in order that they may lead normal lives as productive members of society.
Mont. Code Ann. § 53-19-104 — MT Code / Title 53 / Chapter 19 / Part 1 / Section 53-19-104
53-19-104 Department contracts for services -- governmental units providing for community homes for persons with severe disabilities
Status: in_force

53-19-104 . Department contracts for services -- governmental units providing for community homes for persons with severe disabilities. (1) The department may expend money appropriated or available for the purposes of this part and may contract for services for eligible persons with any person or entity providing the services to persons with severe disabilities.

(2) Governmental units, including but not limited to counties, municipalities, school districts, or state institutions of higher learning, may at their own expense provide services, funds, materials, and facilities for services to community homes for persons with severe disabilities.
Mont. Code Ann. § 53-6-1001 — MT Code / Title 53 / Chapter 6 / Part 10 / Section 53-6-1001
53-6-1001 Definitions
Status: in_force

53-6-1001 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Department" means the department of public health and human services provided for in Title 2, chapter 15, part 22.

(2) "Discounted price" means a price set by the department by rule pursuant to 53-6-1002 .

(3) "Manufacturer" means a manufacturer of prescription drugs and includes a subsidiary or affiliate of a manufacturer.

(4) "Participating retail pharmacy" means a retail pharmacy located in this state or another business licensed to dispense prescription drugs in this state that is medicaid-approved.

(5) "Program" means the prescription drug plus discount program provided for in 53-6-1002 .

(6) "Secondary discounted price" means the discounted price less any further discounts funded by manufacturer rebates for medication purchased by participants in the program.
Mont. Code Ann. § 53-21-114 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-114
53-21-114 Notice of rights to be given
Status: in_force

53-21-114 . Notice of rights to be given. (1) Whenever a person is involuntarily detained pursuant to 53-21-121 through 53-21-126 , the person must at the time of detention be informed of the person's constitutional rights and the person's rights under this part. Within 3 days of detention, the person must also be informed in writing by the county attorney of the enumerated rights.

(2) A respondent who is subject to an order for short-term treatment or long-term care and treatment must be advised in writing of the right to appeal the order by the court at the conclusion of any hearing as a result of which an order may be entered.
Mont. Code Ann. § 53-21-165 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-165
53-21-165 Records to be maintained
Status: in_force

53-21-165 . Records to be maintained. Complete patient records must be kept by the mental health facility for the length of time required by rules established by the department. All records kept by the mental health facility must be available to any person authorized by the patient in writing to receive these records and upon approval of the authorization by the board. The records must also be made available to any attorney charged with representing the patient or any professional person charged with evaluating or treating the patient. These records must include:

(1) identification data, including the patient's legal status;

(2) a patient history, including but not limited to:

(a) family data, educational background, and employment record;

(b) prior medical history, both physical and mental, including prior hospitalization;

(3) the chief complaints of the patient and the chief complaints of others regarding the patient;

(4) an evaluation that notes the onset of illness, the circumstances leading to admission, attitudes, behavior, estimate of intellectual functioning, memory functioning, orientation, and an inventory of the patient's assets in descriptive rather than interpretative fashion;

(5) a summary of each physical examination that describes the results of the examination;

(6) a copy of the individual treatment plan and any modifications to the plan;

(7) a detailed summary of the findings made by the reviewing professional person after each periodic review of the treatment plan, required under 53-21-162 (4), that analyzes the successes and failures of the treatment program and includes recommendations for appropriate modification of the treatment plan;

(8) a copy of the individualized discharge plan and any modifications to the plan and a summary of the steps that have been taken to implement that plan;

(9) a medication history and status that includes the signed orders of the prescribing physician or advanced practice registered nurse. The staff person administering the medication shall indicate by signature that orders have been carried out.

(10) a summary of each significant contact by a professional person with the patient;

(11) documentation of the implementation of the treatment plan;

(12) documentation of all treatment provided to the patient;

(13) chronological documentation of the patient's clinical course;

(14) descriptions of any changes in the patient's condition;

(15) a signed order by a professional person for any restrictions on visitations and communications;

(16) a signed order by a professional person for any physical restraints and isolation;

(17) a detailed summary of any extraordinary incident in the facility involving the patient, to be entered by a staff member noting that the staff member has personal knowledge of the incident or specifying any other source of information. The summary of the incident must be initialed within 24 hours by a professional person.

(18) a summary by the professional person in charge of the facility or by an appointed agent of the determination made after the 30-day review provided for in 53-21-163 .
Mont. Code Ann. § 53-21-145 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-145
53-21-145 Right to be free from unnecessary or excessive medication
Status: in_force

53-21-145 . Right to be free from unnecessary or excessive medication. Patients have a right to be free from unnecessary or excessive medication. A medication may not be administered unless at the written order of a physician or advanced practice registered nurse with a clinical specialty in psychiatric mental health nursing. The attending physician or advanced practice registered nurse with a clinical specialty in psychiatric mental health nursing is responsible for all medication given or administered to a patient. The use of medication may not exceed standards of use that are advocated by the United States food and drug administration. Notation of each individual's medication must be kept in the individual's medical records. The department shall adopt rules governing attending physician or advanced practice registered nurse with a clinical specialty in psychiatric mental health nursing review of the drug regimen of each patient under the physician's or the advanced practice registered nurse's care in a mental health facility, except that the drug regimen of inpatients in hospitals must be reviewed no less than weekly. Except in the case of outpatients, all prescriptions must be written with a termination date, which may not exceed 30 days. Medication may not be used as punishment, for the convenience of staff, as a substitute for a treatment program, or in quantities that interfere with the patient's treatment program.
Mont. Code Ann. § 53-6-1006 — MT Code / Title 53 / Chapter 6 / Part 10 / Section 53-6-1006
53-6-1006 Prescription drug consumer information and technical assistance program -- education outreach for consumers and professionals
Status: in_force

53-6-1006 . Prescription drug consumer information and technical assistance program -- education outreach for consumers and professionals. (1) There is a prescription drug consumer information and technical assistance program in the department to provide Montana residents with advice on the prudent use of prescription drugs and how to access government and private prescription drug programs and discounts. The program must include consultation by licensed pharmacists with individuals on how to avoid dangerous drug interactions and provide for substitution of more cost-effective drugs with approval by the prescribing health care professional.

(2) The department shall create educational resources, including a website, concerning the costs and benefits of various drugs to inform consumers and medical practitioners on clinically effective and cost-conscious prescription drugs.
Mont. Code Ann. § 53-9-127 — MT Code / Title 53 / Chapter 9 / Part 1 / Section 53-9-127
53-9-127 Award of compensation
Status: in_force

53-9-127 . Award of compensation. (1) The office shall award compensation benefits under this part if satisfied by a preponderance of the evidence that the requirements for compensation have been met.

(2) An award may be made whether or not any person is prosecuted or convicted. Proof of conviction of a person whose acts give rise to a claim is conclusive evidence that the crime was committed unless an application for rehearing, an appeal of the conviction, or certiorari is pending or a rehearing or new trial has been ordered.

(3) The office may suspend the proceedings pending disposition of a criminal prosecution that has been commenced or is imminent and may make a tentative award under 53-9-126 .
Mont. Code Ann. § 53-19-105 — MT Code / Title 53 / Chapter 19 / Part 1 / Section 53-19-105
53-19-105 Federal and other aid
Status: in_force

53-19-105 . Federal and other aid. The department may apply for and receive federal-aid money or other assistance that may be available for programs in the nature of the program created by this part.
Mont. Code Ann. § 53-6-104 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-104
53-6-104 Freedom of doctors to treat recipients of medical assistance -- freedom to select doctor
Status: in_force

53-6-104 . Freedom of doctors to treat recipients of medical assistance -- freedom to select doctor. (1) The department of public health and human services shall provide for professional freedom of those licensed practitioners who provide medical assistance under this part and provide reasonable freedom of choice to recipients of medical aid to select the vendor or provider of medical care, services, or prescribed drugs.

(2) This section may not be construed to prohibit the department from imposing conditions on the payment of provider services and the receipt of medical assistance, as provided for under 53-6-111 and 53-6-113 through 53-6-116 .
Mont. Code Ann. § 53-21-407 — MT Code / Title 53 / Chapter 21 / Part 4 / Section 53-21-407
53-21-407 Limitation on expenditures
Status: in_force

53-21-407 . Limitation on expenditures. For the biennium beginning July 1, 2023, the department may spend up to $9 million a year to place individuals with a primary diagnosis of Alzheimer's disease, other forms of dementia, or traumatic brain injury in a community setting rather than at the Montana state hospital when those individuals meet only the commitment criteria of 53-21-126 (1)(a) or (1)(d)(i)(B).
Mont. Code Ann. § 53-19-112 — MT Code / Title 53 / Chapter 19 / Part 1 / Section 53-19-112
53-19-112 Rulemaking
Status: in_force

53-19-112 . Rulemaking. (1) For the purposes of providing services to persons with severe disabilities, the department may adopt rules necessary for the administration of services provided under this part. Rules adopted may include but are not limited to eligibility for services, facility design and acquisition, program staffing, staff training, service goals and design, quality of services, client placement procedures, client rights and privileges, client grievance procedures, fair hearings, provider grievance procedures, and accounting procedures which include accounting of client financial resources.

(2) The department shall, in cooperation with the board of nursing, adopt rules under which a properly trained staff member of a facility providing services to persons with severe disabilities under this part may supervise and assist a client of a facility in taking a medication if the medication is usually self-administered and if a physician has prescribed the assistance.
Mont. Code Ann. § 53-9-104 — MT Code / Title 53 / Chapter 9 / Part 1 / Section 53-9-104
53-9-104 Powers and duties of office
Status: in_force

53-9-104 . (Temporary) Powers and duties of office. (1) The office shall:

(a) adopt rules to implement this part;

(b) prescribe forms for applications for compensation;

(c) determine all matters relating to claims for compensation; and

(d) require any person contracting directly or indirectly with an individual convicted of a qualifying crime for any book, photograph, movie, television production, or play prepared for a commercial purpose that is based directly upon the crime or for the sale of an item owned or obtained by an individual convicted of a qualifying crime or obtained, produced, or gained directly through unique knowledge about the crime or preparation for the crime to deposit any proceeds paid or owed to the individual under the terms of the contract into an escrow fund for the benefit of any victims of the qualifying crime and any dependents of a deceased victim, to be held for a period of time that the office may determine is reasonably necessary to perfect the claims of the victims or dependents. Deposited proceeds may also be used to reimburse the office of state public defender, provided for in 2-15-1029 , for costs associated with providing assigned counsel for the charged person. Each victim and dependent of a deceased victim is entitled to actual and unreimbursed damages of all kinds or $5,000, whichever is greater. Proceeds remaining after payments to victims, dependents of deceased victims, and the state for any public defender or any attorney assigned for the charged person must be paid to the crime victims compensation and assistance program in the department of justice for deposit in the account provided for in 53-9-113 .

(2) The office may:

(a) request and obtain from prosecuting attorneys and law enforcement officers investigations and data to enable the office to determine whether and the extent to which a claimant qualifies for compensation. A statute providing confidentiality for a claimant's juvenile court records does not apply to proceedings under this part.

(b) request and obtain from a health care provider medical reports that are relevant to the physical condition of a claimant or from an insurance carrier, agent, or claims adjuster insurance payment information that is relevant to expenses claimed by a claimant if the office has made reasonable efforts to obtain from the claimant a release of the records or information. No civil or criminal liability arises from the release of information requested under this subsection (2)(b).

(c) subpoena witnesses and other prospective evidence, administer oaths or affirmations, conduct hearings, and receive relevant, nonprivileged evidence;

(d) take notice of judicially cognizable facts and general, technical, and scientific facts within its specialized knowledge;

(e) require that law enforcement agencies and officials take reasonable care that victims be informed about the existence of this part and the procedure for applying for compensation under this part; and

(f) establish a victims assistance coordinating and planning program. (Terminates June 30, 2027--secs. 1, 2, 3, Ch. 139, L. 2021.)
Mont. Code Ann. § 53-21-130 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-130
53-21-130 Transfer or commitment to mental health facility from other institutions
Status: in_force

53-21-130 . Transfer or commitment to mental health facility from other institutions. (1) A person who is in the custody of the department for any purpose other than treatment of severe mental illness may not be transferred or committed to a mental health facility for more than 10 days unless the transfer or commitment is effected according to the procedures set out in this part. However, proceedings for involuntary commitment may be commenced in the county of the mental health facility where the person is, in the county of the institution from which the person was transferred to the mental health facility, or in the county of the person's residence. Notice of a transfer must be given immediately to the assigned counsel at the mental health facility and to the parents of minors, guardians, friends of respondent, or conservators.

(2) A person who is in the custody of the department of corrections may be transferred for placement in a mental health facility for a period of up to 10 days, subject to the approval of the mental health facility. A placement in excess of 10 days must be performed according to the procedures for voluntary admission or involuntary commitment as provided in this part. Proceedings for involuntary commitment may be commenced in the county of the mental health facility where the person is placed or in the county of the correctional facility from which the person was transferred. Notice of a transfer must be given to the legal counsel for the person and to the parents of minors, guardians, friends of respondent, or conservators.
Mont. Code Ann. § 53-1-414 — MT Code / Title 53 / Chapter 1 / Part 4 / Section 53-1-414
53-1-414 Automatic assignment of resident's resources from third party
Status: in_force

53-1-414 . Automatic assignment of resident's resources from third party. (1) Upon the provision of care to a resident, the resident is considered to have assigned to the department all third-party payments, benefits, and resources applicable to the resident's care.

(2) The department is entitled to all third-party payments, benefits, and resources assigned under this section upon demand and the submission of supporting documentation from the department to the third party. The department is entitled to collect from the third party the full amount payable by the third party, up to the resident's full cost of care. Collection is not limited to the amount that the resident or financially responsible person has been determined able to pay under 53-1-405 .

(3) 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 third party's obligation to pay for the cost of care as provided in this part.

(4) The department may assign its rights under this section to a managed care organization contracting with the department to administer a mental health managed care program.

(5) If a third party that has been notified of the department's or managed care organization's claim under this section pays benefits, resources, or other amounts to a resident, financially responsible person, or another person or entity without satisfying the department's or managed care organization's claim, the third party is liable to the department or to the managed care organization for the amount that the department or managed care organization was entitled to receive under this part.
Mont. Code Ann. § 53-1-108 — MT Code / Title 53 / Chapter 1 / Part 1 / Section 53-1-108
53-1-108 Inmate financial disclosure and account monitoring
Status: in_force

53-1-108 . Inmate financial disclosure and account monitoring. (1) Upon incarceration at a state prison, an inmate shall:

(a) make full disclosure of all the inmate's accounts in financial institutions to the department of corrections in writing and under oath;

(b) sign a release authorizing any financial institution in which the inmate has an account of any kind to provide the department with copies of records of any transaction in the account during the inmate's term of incarceration in the prison or correctional system. Released copies of records are confidential criminal justice information as defined in 44-5-103 .

(c) sign a release authorizing the department to monitor any inmate account in a financial institution.

(2) Failure of an inmate to disclose information under subsection (1)(a) or sign a release under subsection (1)(b) or (1)(c) is an offense under 45-7-302 .
Mont. Code Ann. § 53-21-101 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-101
53-21-101 Purpose
Status: in_force

53-21-101 . Purpose. The purpose of this part is to:

(1) secure for each person who may be suffering from a mental disorder and requiring commitment the care and treatment suited to the needs of the person and to ensure that the care and treatment are skillfully and humanely administered with full respect for the person's dignity and personal integrity;

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

(3) accomplish this goal in an institutionalized setting only when less restrictive alternatives are unavailable or inadequate and only when a person is suffering from a mental disorder and requires commitment; and

(4) ensure that due process of law is accorded any person coming under the provisions of this part.
Mont. Code Ann. § 53-21-1314 — MT Code / Title 53 / Chapter 21 / Part 13 / Section 53-21-1314
53-21-1314 Duties of agent
Status: in_force

53-21-1314 . Duties of agent. (1) An agent shall act in good faith.

(2) An agent shall make health care decisions in accordance with the principal's written instructions or directive if any. When the agent must make decisions not addressed by the written instructions or directive, the agent shall base decisions on the principal's known wishes and upon the agent's best judgment about how the principal would decide based on the principal's own values and experience.

(3) An agent may resign by giving written notice to the principal. If the directive is in effect at the time of the resignation, the agent may resign by giving written notice to the supervising health care provider.
Mont. Code Ann. § 53-4-209 — MT Code / Title 53 / Chapter 4 / Part 2 / Section 53-4-209
53-4-209 Montana parents as scholars program -- department duties
Status: in_force

53-4-209 . Montana parents as scholars program -- department duties. (1) There is a Montana parents as scholars program administered by the department.

(2) The department shall:

(a) use state maintenance of effort funds or temporary assistance for needy families funds in a program to provide assistance to eligible households for the purpose of continuation of education leading toward a high school diploma, a high school equivalency diploma, vocational training, an associate's degree, or a baccalaureate degree;

(b) allow an individual receiving temporary assistance for needy families to attend an approved educational program if the individual:

(i) meets the income and resource eligibility requirements for temporary assistance for needy families; and

(ii) qualifies as a full-time student pursuant to subsection (4); and

(c) limit approved educational programs to educational courses that are intended to promote economic self-sufficiency, not to exceed the baccalaureate level.

(3) The participants may apply for and may be eligible for child-care assistance provided by the department to be paid from the temporary assistance for needy families block grant funds that are transferred to discretionary funding for child care.

(4) A program must require a participant to be a full-time student, which means that a participant:

(a) shall maintain enrollment in at least 12 credit hours each semester or 30 credit hours a year; or

(b) must be a full-time high school student, student studying for a high school equivalency diploma, or vocational training student as defined by the institution in which the participant is enrolled;

(c) shall maintain a 2.0 grade point average on a 4.0 grade point scale or be making satisfactory progress as defined by the institution in which the participant is enrolled; and

(d) may not be allowed to remain in the program after receiving a baccalaureate degree.

(5) (a) There may be no more than 25 participants in the program at any one time.

(b) Temporary assistance for needy families participants within the 12-month period allowed by federal law do not count in the total number of participants in the parents as scholars program. However, the parents as scholars program may be used to extend a participant's education beyond the 12-month federal period.
Mont. Code Ann. § 53-20-215 — MT Code / Title 53 / Chapter 20 / Part 2 / Section 53-20-215
53-20-215 Regulatory streamlining
Status: in_force

53-20-215 . Regulatory streamlining. (1) The department's division responsible for administering the comprehensive developmental disability system shall work with providers of community developmental disability services to identify areas in which the department's administrative rules, policies, or procedures related to the system:

(a) duplicate federal regulations;

(b) duplicate or contradict rules or policies established for the system by other department divisions;

(c) are applied inconsistently across the designated developmental disabilities regions or by department staff and contractors; or

(d) create the potential for waste of resources.

(2) Based on the areas identified pursuant to subsection (1), the department shall review the related administrative rules, policies, and procedures to:

(a) determine the ongoing reasonable necessity pursuant to 2-4-305 ;

(b) determine the costs and benefits to providers of community services and to the state of continuing each rule, policy, or procedure;

(c) eliminate rules, policies, or procedures that are determined to be not cost-effective;

(d) eliminate duplication in oversight and monitoring requirements; and

(e) create consistency in the application of a rule, policy, or procedure, if necessary.

(3) The department shall develop a written plan that:

(a) outlines the process and deadline for completing the initial review of the rules, policies, and procedures; and

(b) establishes a process and timeline for an ongoing review, in conjunction with providers, that will continue to identify and correct areas of duplication, inconsistency, or waste.

(4) The department shall:

(a) include other interested parties in the review required under this section; and

(b) complete the activities required under this section using existing resources.
Mont. Code Ann. § 53-4-248 — MT Code / Title 53 / Chapter 4 / Part 2 / Section 53-4-248
53-4-248 Parents liable to department for public assistance payments
Status: in_force

53-4-248 . Parents liable to department for public assistance payments. (1) A payment of public assistance money made to or for the benefit of a dependent child creates a debt due and owing to the department by the natural or adoptive parents who are legally responsible for the support of the child by statute or court decree in an amount equal to the amount of public assistance paid. However, where the support obligation is based upon a court decree, the debt is limited to the amount of the court decree.

(2) The department is subrogated to the right of the child or person having the care, custody, and control of the child to prosecute any support action or execute any administrative remedy existing under the laws of the state to obtain reimbursement of any money expended. If a court decree enters judgment for an amount of support to be paid by an obligor parent, the department is subrogated to the debt created by the order and the money judgment is in favor of the department. An obligee may not commence an action to recover support due and owing to the obligee without first filing an affidavit with the court stating whether the obligee has received public assistance from any source and, if the obligee has received public assistance, that the obligee has notified the department in writing of the pending action.

(3) A debt arising under this section may not be incurred by or collected from a parent or other person while the parent or other person is the recipient of public assistance money for the benefit of minor dependent children.

(4) The remedies provided in this section are in addition to and not in lieu of existing common law and statutory law.

(5) The department or its legal representatives may, at any time consistent with the income, earning capacity, and resources of the debtor, petition the court having jurisdiction over the particular case to set or reset a level and schedule of payments to be paid upon the debt.
Mont. Code Ann. § 53-21-1313 — MT Code / Title 53 / Chapter 21 / Part 13 / Section 53-21-1313
53-21-1313 Provider of mental health services
Status: in_force

53-21-1313 . Provider of mental health services. (1) A provider of mental health services or a supervising health care provider shall:

(a) inquire whether a directive exists and make a written record of the response; and

(b) include a copy of the directive and any written revocation in the health care record if the directive or revocation are provided.

(2) A supervising health care provider who makes or is informed of a determination that a principal lacks or has regained capacity or that another condition exists that affects an individual instruction or the authority of an agent shall promptly record the determination or condition in the principal's health care record and communicate the determination or condition to the principal, if possible, and to any person or agent authorized to make health care decisions for the patient.

(3) After a determination of incapacity a supervising health care provider shall communicate health care decisions to the principal to the extent possible.

(4) A health care provider or institution providing care to the principal under the authority of a directive shall comply with the provisions of the directive and with all reasonable interpretations of the directive by the agent to the fullest extent possible unless the supervising health care provider determines that:

(a) compliance violates the accepted standard of care;

(b) compliance conflicts with the applicable law or a court order;

(c) the requested treatment is not reasonably available; or

(d) an emergency situation exists and compliance endangers the principal's life or health.

(5) A health care provider or mental health professional may not require or prohibit the execution or revocation of a directive as a condition for providing health care. A health care provider's inability to follow the specific terms of the directive because it violates the standard of care does not require a revocation of the directive. A health care provider or mental health professional may not promote the creation, alteration, adoption, or revocation of a directive under circumstances that are or reasonably appear to be coercive.
Mont. Code Ann. § 53-6-110 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-110
53-6-110 Report and recommendations on medicaid funding
Status: in_force

53-6-110 . Report and recommendations on medicaid funding. (1) As a part of the information required in 17-7-111 , the department of public health and human services shall submit a report concerning medicaid funding for the next biennium. This report must include at least the following elements:

(a) analysis of past and present funding levels for the various categories and types of health services eligible for medicaid reimbursement;

(b) projected increased medicaid funding needs for the next biennium. These projections must identify the effects of projected population growth and demographic patterns on at least the following elements:

(i) trends in unit costs for services, including inflation;

(ii) trends in use of services;

(iii) trends in medicaid recipient levels; and

(iv) the effects of new and projected long-term care facilities and services for which a need has been identified in the state long-term care facilities plan.

(2) As an integral part of the report, the department of public health and human services shall present a recommendation of funding levels for the medicaid program. The recommendation need not be consistent with the state health care facilities plan.

(3) In making its appropriations for medicaid funding, the legislature shall specify the portions of medicaid funding anticipated to be allocated to specific categories and types of health care services.

(4) Beginning November 15 of each year through June 15 of the following year, the department of public health and human services shall provide to the legislative fiscal analyst monthly reports containing estimates of the cost for medicaid services and a budget status report for all department programs. The department shall also provide a fiscal yearend summary of medicaid costs and the department budget status report prior to the first legislative finance committee meeting following the end of the fiscal year. The reports must be presented in a format mutually agreed to by the legislative fiscal analyst and the department. The department shall provide the yearend summaries to the legislature in accordance with 5-11-210 .
Mont. Code Ann. § 53-2-101 — MT Code / Title 53 / Chapter 2 / Part 1 / Section 53-2-101
53-2-101 Definitions
Status: in_force

53-2-101 . Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:

(1) "Department" means the department of public health and human services provided for in Title 2, chapter 15, part 22.

(2) "Needy person" is one who is eligible for public assistance under the laws of this state.

(3) "Protective services" means services to children and adults to be provided by the department as permitted by Titles 41 and 53.

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

(5) "Section 1115 waiver" means an experimental, pilot, research, or demonstration project, subject to approval by the secretary of the U.S. department of health and human services, authorized by section 1115 of Title XI of the Social Security Act, 42 U.S.C. 1315, for which certain requirements of the Social Security Act are waived.

(6) "Section 1915 waiver" means a waiver of certain medicaid requirements, subject to approval by the secretary of the U.S. department of health and human services under section 1915 of Title XIX of the Social Security Act, 42 U.S.C. 1396n, for the purposes of managing health care through restrictions on access to providers or for establishing programs of home and community-based services.
Mont. Code Ann. § 53-1-107 — MT Code / Title 53 / Chapter 1 / Part 1 / Section 53-1-107
53-1-107 Inmate financial transactions and trust account system
Status: in_force

53-1-107 . (Temporary) Inmate financial transactions and trust account system. (1) An inmate of a state prison, as defined in 53-30-101 (1), (2), and (4), shall use the prison inmate trust account system administered by the department of corrections to send money out of or receive money in the facility unless the department grants the inmate an exception. The department may charge an inmate a minimum fee, not to exceed $2 each month, to administer the inmate's account.

(2) The department may, consistent with administrative rules adopted by the department, use a portion of the funds in an inmate's account to:

(a) satisfy court-ordered restitution, whether or not restitution is a condition of probation or parole;

(b) satisfy court-ordered child support;

(c) satisfy court-ordered fines, fees, or costs;

(d) pay for the inmate's medical and dental expenses and costs of incarceration; and

(e) pay any other fees, costs, expenses, or monetary sanctions ordered by a court or imposed by a state prison and pay reasonable claims by a debt collection or financial institution.

(3) (a) Money taken under subsection (2) for the payment of restitution must be paid in the following order:

(i) to the victim until the victim's unreimbursed pecuniary loss is satisfied;

(ii) to the crime victims compensation and assistance program in the department of justice for deposit in the account provided for in 53-9-113 until the state is fully reimbursed for compensation to the victim provided pursuant to Title 53, chapter 9, part 1;

(iii) to any other government agency that has compensated the victim for the victim's pecuniary loss; and

(iv) to any insurance company that has compensated the victim for the victim's pecuniary loss.

(b) If there is a balance of money in the inmate's account after payments under subsection (2), the department may allow the balance to accumulate in a savings subaccount for the inmate.

(4) (a) The department shall adopt rules to set a percentage of earnings not to exceed 25% that an inmate worker is required to save in a savings subaccount.

(b) The rules must include that, upon release of an inmate from a state prison, the department shall dispense money directly from the subaccount to the former inmate, the inmate's landlord, or other approved recipients, including service providers.

(c) The department shall adopt rules to exempt the following inmates from participation in the mandatory inmate savings program under subsection (4)(a):

(i) inmates who are of advanced age;

(ii) inmates who have a parole eligibility date that puts them at an advanced age at eligibility;

(iii) inmates who do not have parole eligibility and are serving a long sentence that puts them at an advanced age upon their discharge date;

(iv) inmates who are serving a life sentence but have a parole eligibility date that puts them at an advanced age at eligibility; and

(v) inmates who are not eligible for parole and are serving life sentences.

(5) The department shall adopt rules establishing the prison inmate trust account system and criteria for the use of funds under this section. The rules must contain clear guidelines regarding the use of funds that ensure payment under subsection (2) and that inhibit an inmate's ability to deal in contraband or illegal acts within or outside the state prison.

(6) An inmate is responsible for the inmate's medical and dental expenses and is obligated to repay the department for reasonable costs incurred by the department for the inmate's medical and dental expenses. The department may investigate, identify, take in any manner allowed by law for the satisfaction of a judgment, and use to pay the inmate's medical and dental expenses any assets of the inmate or any income of the inmate from sources outside the state prison that is not deposited in the account provided for in subsection (1). (Terminates June 30, 2027--secs. 1, 2, 3, Ch. 139, L. 2021.)
Mont. Code Ann. § 53-21-105 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-105
53-21-105 Certification of professional persons required
Status: in_force

53-21-105 . Certification of professional persons required. A person may not act in a professional capacity as provided for in this part unless the person is a professional person as defined in 53-21-102 .
Mont. Code Ann. § 53-21-149 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-149
53-21-149 Conditions of treatment in community facility, program, or course of treatment
Status: in_force

53-21-149 . Conditions of treatment in community facility, program, or course of treatment. (1) If the court orders a disposition under 53-21-127 (3)(a)(ii), the court may order the following conditions for treatment in a community facility or program or may order a course of treatment, including but not limited to:

(a) following a treatment plan developed pursuant to 53-21-150 that may include case management services, medication, short-term inpatient treatment, chemical dependency treatment, assertive community treatment, or a combination, as set forth by the designated community facility or program or the individual responsible for the management and supervision of the respondent's treatment; or

(b) specific residential or housing requirements that may include being under the care or custody of a relative or guardian.

(2) The department shall establish a fee schedule and administrative rules to address the payment of costs associated with the commitment of a person to a community facility or program pursuant to this section.
Mont. Code Ann. § 53-21-601 — MT Code / Title 53 / Chapter 21 / Part 6 / Section 53-21-601
53-21-601 Location and primary function of hospital
Status: in_force

53-21-601 . Location and primary function of hospital. (1) The facility providing mental health care services at Warm Springs, Montana, is the Montana state hospital and as its primary function provides care and treatment of mentally ill persons.

(2) (a) The Montana state hospital is a mental health facility, as defined in 53-21-102 , of the department of public health and human services for the care and treatment of mentally ill persons.

(b) The role of the Montana state hospital is to provide intensive inpatient psychiatric services, including those services necessary for transition to community care, as components in a comprehensive continuum of publicly and privately provided programs that emphasize treatment in the least restrictive environment.

(c) The mission of the Montana state hospital is to stabilize persons with severe mental illness and to return them to the community as soon as possible if adequate community-based support services are available.

(3) The department shall adopt rules to manage the state hospital patient population in a manner that will ensure emergency access to services, protect public and individual safety, provide active treatment, implement effective discharge planning, and ensure access to appropriate community-based services.
Mont. Code Ann. § 53-30-719 — MT Code / Title 53 / Chapter 30 / Part 7 / Section 53-30-719
53-30-719 Telephone privileges
Status: in_force

53-30-719 . Telephone privileges. (1) An adult inmate in restrictive housing for administrative segregation or protective custody or a youth in protective custody is allowed telephone privileges.

(2) Unless security or safety considerations dictate otherwise, an inmate in restrictive housing is allowed, at minimum, telephone privileges to access the judicial process, to call an attorney of record, and during family emergencies as determined by the administrator or the administrator's designee.
Mont. Code Ann. § 53-1-502 — MT Code / Title 53 / Chapter 1 / Part 5 / Section 53-1-502
53-1-502 Rates for board, room, and ancillary services charged to correctional facility inmates
Status: in_force

53-1-502 . Rates for board, room, and ancillary services charged to correctional facility inmates. (1) The department of corrections may establish and charge reasonable rates for board, room, and ancillary services as described in 53-1-401 for persons incarcerated in an institutional correctional facility.

(2) The department of corrections may prescribe rules that establish criteria and a procedure for determining ability to pay. The department of corrections may not make an assessment that would place an undue financial burden on the person.
Mont. Code Ann. § 53-18-102 — MT Code / Title 53 / Chapter 18 / Part 1 / Section 53-18-102
53-18-102 Creation of self-sufficiency trust account
Status: in_force

53-18-102 . Creation of self-sufficiency trust account. (1) There is created a self-sufficiency trust account in the state treasury. The state treasurer shall deposit to the credit of the trust account money received from a self-sufficiency trust for that purpose. The state treasurer shall direct payments from the trust account upon claims certified by the director of the department.

(2) The assets of the trust account must be preserved, invested, and expended in the manner and for the purposes provided in 53-18-103 . At the end of each fiscal year, the unexpended account balance must carry forward to the next fiscal year and may not revert to the state general fund.
Mont. Code Ann. § 53-21-1204 — MT Code / Title 53 / Chapter 21 / Part 12 / Section 53-21-1204
53-21-1204 Department to contract for detention beds
Status: in_force

53-21-1204 . Department to contract for detention beds. (1) To the extent funding is appropriated for the purposes of this section, for each service area, as defined in 53-21-1001 , the department shall contract with a mental health facility for psychiatric treatment beds that may be used for:

(a) inpatient crisis intervention services needed prior to an involuntary commitment petition being filed; and

(b) emergency detention under 53-21-129 and court-ordered detention under 53-21-124 after an involuntary commitment petition has been filed but before final disposition.

(2) Contracting pursuant to this section must take into consideration strategic plans developed pursuant to 53-21-1201 and 53-21-1202 and local need for precommitment and short-term inpatient treatment services.

(3) Each contract must provide that for payment of costs for detention, evaluation, and treatment pursuant to subsection (1), the facility shall bill for payment of costs in the order of priority provided for under 53-21-132 (2)(a).

(4) Each contract must require the collection and reporting of fiscal and program data in the time and manner prescribed by the department to support program evaluation and measure progress on performance objectives. The department shall establish baseline data on emergency and court-ordered detention admissions to the state hospital from each county and analyze the effect of contracting under this section on state hospital admissions.
Mont. Code Ann. § 53-30-116 — MT Code / Title 53 / Chapter 30 / Part 1 / Section 53-30-116
53-30-116 Consideration of attachment to family
Status: in_force

53-30-116 . Consideration of attachment to family. When an inmate in a state prison is placed in or transferred to a correctional institution located outside of the state, the department shall consider the inmate's attachment to family and the inmate's ability to maintain those attachments.
Mont. Code Ann. § 53-6-180 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-180
53-6-180 Waiver of recovery in cases of undue hardship -- rulemaking
Status: in_force

53-6-180 . Waiver of recovery in cases of undue hardship -- rulemaking. (1) (a) A person with a recorded interest in real property subject to a lien under 53-6-171 through 53-6-188 or any other interested person may apply to the department, in accordance with procedures established by department rule, for a waiver of recovery because of undue hardship. The department shall waive its recovery under this section, in whole or in part, if it determines that recovery would result in undue hardship as defined by department rule.

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

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

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

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

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

(c) A person aggrieved by a department determination on an application for an undue hardship exception may assert a claim of entitlement to an undue hardship exception in an action filed under 53-6-177 to challenge issuance of the writ. If a person claims entitlement to an undue hardship exception as part of that action, the court shall make a determination on the undue hardship claim in accordance with the department's rules adopted pursuant to this section. Department denial of all or any part of the relief requested in an application for an undue hardship exception under this section may be reviewed by a district court only through filing of an action as provided in this subsection (c). Denial does not grant a right to a contested case hearing or a right to judicial review under the Montana Administrative Procedure Act or the department's rules.

(2) The department may waive recovery of recoverable medical assistance secured by a lien imposed under 53-6-171 if the department determines that recovery would not be cost-effective. In determining whether recovery would be cost-effective, the department may consider but is not limited to consideration of the following factors:

(a) the estimated cost of recovery;

(b) the amount reasonably likely to be recovered;

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

(d) the importance of the case or the issues in the case and the need for judicial interpretation of issues that may recur with respect to the administration or implementation of 53-6-171 through 53-6-188 .
Mont. Code Ann. § 53-24-306 — MT Code / Title 53 / Chapter 24 / Part 3 / Section 53-24-306
53-24-306 Records of chemically dependent persons, intoxicated persons, and family members
Status: in_force

53-24-306 . Records of chemically dependent persons, intoxicated persons, and family members. (1) The registration and other records of treatment facilities shall remain confidential and are privileged to the patient.

(2) Notwithstanding subsection (1), the department may make available in accordance with Title 50, chapter 16, part 5, or other applicable law information from patients' records for purposes of research into the causes and treatment of chemical dependency. Information under this subsection may not be published in a way that discloses patients' names or other identifying information.
Mont. Code Ann. § 53-30-725 — MT Code / Title 53 / Chapter 30 / Part 7 / Section 53-30-725
53-30-725 Step-down programs -- release directly from restrictive housing
Status: in_force

53-30-725 . Step-down programs -- release directly from restrictive housing. (1) A facility shall establish step-down programs and offer them to an inmate who has been in restrictive housing for more than 30 days to facilitate reintegration of the inmate into the general population or the community. Step-down programs must, at a minimum, include the following:

(a) a prescreening evaluation;

(b) monthly evaluations using a multidisciplinary approach to determine the inmate's compliance with program requirements;

(c) subject to monthly evaluations, gradually increasing out-of-cell time, group interaction, education and programming opportunities, and privileges;

(d) a step-down transition compliance review; and

(e) a postscreening evaluation.

(2) (a) A facility shall attempt to ensure that an inmate is not released directly into the community after 30 days or more in restrictive housing.

(b) In the event that the release of an inmate directly from restrictive housing into the community is imminent, the facility shall document the justification and, unless the justification is an immediate court-ordered release, obtain approval from the department director or the director's designee.

(c) In addition to general release protocols, when an inmate is released directly into the community from more than 30 days of restrictive housing, at a minimum, the facility shall take the following steps, at a minimum, unless the justification is an immediate court-ordered release:

(i) development of a release plan tailored to the specific needs of the inmate;

(ii) notification of the inmate's release to state and local law enforcement;

(iii) notification to the inmate of applicable community resources; and

(iv) victim notification, if applicable.
Mont. Code Ann. § 53-21-401 — MT Code / Title 53 / Chapter 21 / Part 4 / Section 53-21-401
53-21-401 Legislative intent
Status: in_force

53-21-401 . Legislative intent. (1) It is the intent of the legislature that geriatric patients at the Montana state hospital and geriatric residents of the state who may be at risk of commitment to the Montana state hospital and who do not need intensive psychiatric care receive care and treatment in nursing homes located in community settings.

(2) It is the further intent of the legislature that nursing homes providing such care and treatment be located regionally so that the residents may be near their homes and families.

(3) It is the further intent of the legislature that these nursing homes must be located in communities with:

(a) a labor pool large enough to ensure adequate and qualified staffing;

(b) sufficient medical facilities and medical professionals to provide necessary medical services; and

(c) if possible, an institution or institutions of higher learning with educational programs in disciplines with relevance to the problems of aging.

(4) It is the further intent of the legislature to:

(a) end the involuntary commitment of individuals who have a primary diagnosis of Alzheimer's disease, other forms of dementia, or traumatic brain injury when those individuals meet only the commitment criteria outlined in 53-21-126 (1)(a) or (1)(d)(i)(B); and

(b) develop, based on consultation and collaboration between providers and the department, services in the community for those individuals.
Mont. Code Ann. § 53-2-109 — MT Code / Title 53 / Chapter 2 / Part 1 / Section 53-2-109
53-2-109 Recipients to report changes in factors affecting eligibility
Status: in_force

53-2-109 . Recipients to report changes in factors affecting eligibility. Recipients of public assistance shall notify the department of any change or anticipated change in income, resources, household composition, or other factor that may affect eligibility for public assistance or the benefit amount within the period of time specified by the department by rule. Failure of the department to verify information provided by the recipient does not absolve the recipient from the obligation to provide accurate information to the department.
Mont. Code Ann. § 53-30-608 — MT Code / Title 53 / Chapter 30 / Part 6 / Section 53-30-608
53-30-608 Contracts with owners or operators of private correctional facilities
Status: in_force

53-30-608 . Contracts with owners or operators of private correctional facilities. (1) Upon request of the legislative audit committee, the legislative audit division shall review the procedures by which a contract was awarded and shall review each contract prior to execution to determine if the contract includes the requirements provided in this part.

(2) A contract with an owner or operator of a private correctional facility must be awarded to the contractor who best meets the needs of the state and the department and demonstrates the capability of providing services requested.

(3) A contract must specify the type and level of services to be provided by the contractor. The contract must provide that a private contractor may not:

(a) choose the correctional facility to which an inmate is initially or subsequently assigned. A contractor may request the department to transfer an inmate to a state facility or to another private correctional facility.

(b) develop or adopt disciplinary rules that differ from the disciplinary rules, penalties, and policies of the department;

(c) make a decision that affects the sentence imposed on an inmate or the time served by an inmate;

(d) make recommendations to the board of pardons and parole with respect to the denial or granting of parole or release, except to submit reports to the board of pardons and parole and to respond to requests by the department or the board of pardons and parole;

(e) develop or implement requirements that inmates engage in any type of work, except to the extent that those requirements are accepted by the department;

(f) determine inmate eligibility for any form of release from a correctional facility; or

(g) use an inmate classification system unless it is approved by the department.

(4) Contracts may not exceed a term of 30 years and must contain provisions for renegotiation after 30 years. The provisions of 18-4-313 that limit the term of a contract do not apply to a contract authorized by this section.

(5) The contract must specify that the private correctional facility shall grant access to the legislative audit division or a person contracting with the legislative audit division for compliance auditing. The contractor shall provide access to all areas of the facility and to all records maintained onsite or offsite that pertain to all aspects of the facility, including but not limited to operation, financial, and inmate records.
Mont. Code Ann. § 53-24-218 — MT Code / Title 53 / Chapter 24 / Part 2 / Section 53-24-218
53-24-218 Chemical dependency treatment room and board voucher program -- eligibility -- provider and participant requirements
Status: in_force

53-24-218 . (Temporary) Chemical dependency treatment room and board voucher program -- eligibility -- provider and participant requirements. (1) Subject to available funding, the department shall establish a room and board voucher program to support chemical dependency treatment for individuals who would otherwise be unable to access the treatment in a timely manner because of financial barriers.

(2) An approved private or public treatment program that has applied for and been selected to participate in the voucher program may submit vouchers for reimbursement of chemical dependency treatment room and board not otherwise covered by insurance or another assistance program. The individual receiving voucher-eligible services must:

(a) live in Montana;

(b) be 14 years of age or older; and

(c) have an annual family income at or below 200% of the federal poverty level.

(3) The voucher program may be used to cover the costs of room and board.

(4) An approved treatment program may apply to participate in the voucher program. If approved, the program remains eligible to participate for the full budget biennium during which approval was received unless the department terminates the program's participation for cause.

(5) A participating treatment program:

(a) may submit vouchers for payment of room and board provided to a qualifying individual as soon as costs are incurred if other payment sources are not immediately available;

(b) shall report any change in an individual's income or insurance status that makes the individual ineligible for further voucher payments;

(c) shall collect and report outcome measures as required by the department by rule; and

(d) shall keep records as required by the department to substantiate the cost of program-provided room and board. (Terminates June 30, 2027--sec. 7, Ch. 187, L. 2023.)
Mont. Code Ann. § 53-24-305 — MT Code / Title 53 / Chapter 24 / Part 3 / Section 53-24-305
53-24-305 Visitation and communication rights of patients
Status: in_force

53-24-305 . Visitation and communication rights of patients. (1) Subject to reasonable rules regarding hours of visitation which the department may adopt, patients in any approved treatment facility shall be granted opportunities for adequate consultation with counsel and for continuing contact with family and friends consistent with an effective treatment program.

(2) Neither mail nor other communication to or from a patient in any approved treatment facility may be intercepted, read, or censored. The administrator may adopt reasonable rules regarding the use of telephone by patients in approved treatment facilities.
Mont. Code Ann. § 53-21-1332 — MT Code / Title 53 / Chapter 21 / Part 13 / Section 53-21-1332
53-21-1332 Decisions by guardian or conservator
Status: in_force

53-21-1332 . Decisions by guardian or conservator. When a valid directive is in existence at the time of a judicial determination of incapacity and appointment of a guardian or conservator of the principal:

(1) a guardian or conservator shall comply with the instructions in a principal's directive and may not revoke the principal's directive unless the appointing court provides authorization; and

(2) absent a court order to the contrary, a health care decision of an agent takes precedence over that of a guardian or conservator.
Mont. Code Ann. § 53-21-126 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-126
53-21-126 Trial or hearing on petition
Status: in_force

53-21-126 . Trial or hearing on petition. (1) The respondent must be present unless the respondent's presence has been waived as provided in 53-21-119 (2), and the respondent must be represented by counsel at all stages of the trial. The trial must be limited to the determination of whether or not the respondent is suffering from a mental disorder and requires commitment. At the trial, the court shall consider all the facts relevant to the issues of whether the respondent is suffering from a mental disorder. If the court determines that the respondent is suffering from a mental disorder, the court shall then determine whether the respondent requires commitment. In determining whether the respondent requires commitment and the appropriate disposition under 53-21-127 , the court shall consider the following:

(a) whether the respondent, because of a mental disorder, is substantially unable to provide for the respondent's own basic needs of food, clothing, shelter, health, or safety;

(b) whether the respondent has recently, because of a mental disorder and through an act or an omission, caused self-injury or injury to others;

(c) whether, because of a mental disorder, there is an imminent danger of injury to the respondent or to others because of the respondent's acts or omissions;

(d) (i) whether the respondent's mental disorder, as demonstrated by the respondent's recent acts or omissions, will, if untreated, predictably result in deterioration of the respondent's mental condition to the point at which the respondent will:

(A) become a danger to self or to others; or

(B) be unable to provide for the respondent's own basic needs of food, clothing, shelter, health, or safety.

(ii) Predictability may be established by the respondent's relevant medical history; and

(e) whether an emergency situation as defined in 53-21-102 exists.

(2) The standard of proof in a hearing held pursuant to this section is proof beyond a reasonable doubt with respect to any physical facts or evidence and clear and convincing evidence as to all other matters. However, the respondent's mental disorder must be proved to a reasonable medical certainty. Imminent threat of self-inflicted injury or injury to others must be proved by overt acts or omissions, sufficiently recent in time as to be material and relevant as to the respondent's present condition.

(3) The professional person appointed by the court must be present for the trial and subject to cross-examination. The professional person's presence may be accomplished by the use of two-way electronic audio-video communication. The trial is governed by the Montana Rules of Civil Procedure. However, if the issues are tried by a jury, at least two-thirds of the jurors shall concur on a finding that the respondent is suffering from a mental disorder and requires commitment. The written report of the professional person that indicates the professional person's diagnosis may be attached to the petition, but any matter otherwise inadmissible, such as hearsay matter, is not admissible merely because it is contained in the report. The court may order the trial closed to the public for the protection of the respondent.

(4) The professional person may testify as to the ultimate issue of whether the respondent is suffering from a mental disorder and requires commitment. This testimony is insufficient unless accompanied by evidence from the professional person or others that:

(a) the respondent, because of a mental disorder, is substantially unable to provide for the respondent's own basic needs of food, clothing, shelter, health, or safety;

(b) the respondent has recently, because of a mental disorder and through an act or an omission, caused self-injury or injury to others;

(c) because of a mental disorder, there is an imminent danger of injury to the respondent or to others because of the respondent's acts or omissions;

(d) (i) the respondent's mental disorder:

(A) has resulted in recent acts, omissions, or behaviors that create difficulty in protecting the respondent's life or health;

(B) is treatable, with a reasonable prospect of success;

(C) has resulted in the respondent's refusing or being unable to consent to voluntary admission for treatment; and

(ii) will, if untreated, predictably result in deterioration of the respondent's mental condition to the point at which the respondent will become a danger to self or to others or will be unable to provide for the respondent's own basic needs of food, clothing, shelter, health, or safety. Predictability may be established by the respondent's relevant medical history; or

(e) whether an emergency situation as defined in 53-21-102 exists.

(5) The court, upon the showing of good cause and when it is in the best interests of the respondent, may order a change of venue.

(6) An individual with a primary diagnosis of a mental disorder who also has a co-occurring diagnosis of chemical dependency may satisfy criteria for commitment under this part.

(7) An individual with a primary diagnosis of Alzheimer's disease, other forms of dementia, or traumatic brain injury may be committed under this part only if the person meets the criteria outlined in subsection (1)(b), (1)(c), or (1)(d)(i)(A).
Mont. Code Ann. § 53-6-910 — MT Code / Title 53 / Chapter 6 / Part 9 / Section 53-6-910
53-6-910 Terminated
Status: in_force

53-6-910 . Terminated. Sec. 1, Ch. 28, L. 1999.
Mont. Code Ann. § 53-6-1020 — MT Code / Title 53 / Chapter 6 / Part 10 / Section 53-6-1020
53-6-1020 Contingency on expenditure
Status: in_force

53-6-1020 . Contingency on expenditure. This part may not be construed to require implementation or ongoing operation of the program under 53-6-1201 (3)(b) without a line item appropriation in the general appropriations bill included for that purpose.
Mont. Code Ann. § 53-4-613 — MT Code / Title 53 / Chapter 4 / Part 6 / Section 53-4-613
53-4-613 Employment and training program
Status: in_force

53-4-613 . Employment and training program. In cases in which the department determines that participation in the employment and training program would be appropriate for a recipient of cash assistance, the recipient may be required to participate in employment and training as one of the eligibility conditions.
Mont. Code Ann. § 53-4-244 — MT Code / Title 53 / Chapter 4 / Part 2 / Section 53-4-244
53-4-244 Payments to person interested in child's welfare in lieu of special guardianship
Status: in_force

53-4-244 . Payments to person interested in child's welfare in lieu of special guardianship. In lieu of guardianship proceedings, payments may be made in behalf of the child or children to another person found by the department to be interested in or concerned with the welfare of the needy child or children in accordance with the rules established by the department.
Mont. Code Ann. § 53-1-401 — MT Code / Title 53 / Chapter 1 / Part 4 / Section 53-1-401
53-1-401 Definitions
Status: in_force

53-1-401 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "All-inclusive rate" means a fixed charge that is computed on a daily basis or on the basis of another time period for inpatients, that is computed on a per visit basis for outpatients, and that is applicable uniformly to each patient without regard to the extent of the services required by the patient and without regard to a distinction between physician services and hospital services.

(2) "Ancillary charge" means the expense of providing identifiable, direct, resident services, including but not limited to:

(a) physicians' services;

(b) x-ray and laboratory services;

(c) dental services;

(d) speech-language pathology and audiology services;

(e) occupational and physical therapy;

(f) medical supplies;

(g) prescribed drugs; and

(h) specialized medical equipment.

(3) "Care" means the care, treatment, support, maintenance, and other services rendered by the department to a resident.

(4) "Cost of care" means the applicable all-inclusive rate charges or per diem charges and ancillary charges for a resident's care that are determined as provided in this part.

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

(6) "Financially responsible person" means a spouse of a resident, the natural or adoptive parents of a resident under 18 years of age, or a guardian or conservator to the extent of the guardian's or conservator's responsibility for the financial affairs of the person who is a resident under applicable Montana law establishing the duties and limitations of guardianships or conservatorships.

(7) "Full-time equivalent resident load" means the total daily resident count for the fiscal year divided by the number of days in the year.

(8) "Gross daily budgeted cost" means the total cost of operating a facility as budgeted through the legislative appropriation process less the budgeted amount of federal grant revenue for the institution for a fiscal year.

(9) "Long-term resident" means a resident in an institution listed in 53-1-402 for a continuous period in excess of 120 days. The absence of a resident from the institution due to a temporary or trial visit may not be counted as interrupting the accrual of the 120 days required to attain the status of a long-term resident.

(10) "Per diem charge" means the gross daily budgeted cost of operating an institution or an individual unit of an institution (including but not limited to contracted medical services, depreciation, and associated department costs but excluding the cost of educational programs, ancillary charges, and costs not directly identified with patient care) divided by the full-time equivalent resident load for the previous state fiscal year.

(11) "Resident" means any person who is receiving care from or who is a resident of an institution listed in 53-1-402 .

(12) (a) "Third party" means any third-party individual or entity that is or may be liable to pay all or part of the charges for a resident's cost of care, including but not limited to applicable medicare, medicaid, and personal insurance or other similar health care benefits.

(b) Third party does not include:

(i) a managed care organization administering a mental health managed care program under contract with the department; or

(ii) a financially responsible person.
Mont. Code Ann. § 53-6-1314 — MT Code / Title 53 / Chapter 6 / Part 13 / Section 53-6-1314
53-6-1314 Disenrollment for failure to report change in circumstances
Status: in_force

53-6-1314 . Disenrollment for failure to report change in circumstances. (1) (a) A program participant shall report to the department a permanent increase in income that would affect the participant's eligibility for the program. The change must be reported within 30 days of the change in income.

(b) A short-term increase in income that is caused by overtime pay or other nonregular payments and that will not be sustained over time does not qualify as a permanent increase in income for the purposes of this section.

(2) Disenrollment may occur only after the state conducts an administrative review and determines the participant is ineligible for medicaid coverage under any eligibility category.
Mont. Code Ann. § 53-6-405 — MT Code / Title 53 / Chapter 6 / Part 4 / Section 53-6-405
53-6-405 Fraud prevention education -- department responsibilities
Status: in_force

53-6-405 . Fraud prevention education -- department responsibilities. (1) In an effort to prevent and reduce fraud in the Montana medicaid program, a provider of personal assistance or attendant services or supports shall provide training and continuing education to consumers and employees if the personal assistance or attendant services or supports are funded:

(a) as a medicaid state plan service;

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

(c) under a medicaid home and community-based services waiver for the elderly and disabled that is operated through a division of the department that administers long-term care services for senior citizens and individuals with physical disabilities.

(2) (a) The training must be presented in person whenever the provider:

(i) hires a new employee; or

(ii) enrolls a consumer to receive services.

(b) The provider shall require its employees and the consumers who are receiving services to review fraud prevention materials on an annual basis after completing the initial training.

(c) Each employee and consumer shall sign a document attesting to the fact that the employee or consumer received the in-person training or received and reviewed the fraud prevention materials.

(d) When the training involves services provided using a self-directed service model, the consumer may provide the training.

(3) The training and continuing education must include but are not limited to information on:

(a) activities that constitute fraud;

(b) ways to prevent fraud; and

(c) when and how to report fraud, including how to contact the medicaid fraud hotline.

(4) (a) The department and the medicaid fraud control unit provided for in 53-6-156 shall, in consultation with home and community-based services consumers, providers, and advocates, develop the elements to be included in the training.

(b) A provider required to provide training under this section may:

(i) develop training materials that meet the requirements developed by the department and the medicaid fraud control unit; or

(ii) use training materials approved by the department by rule.

(5) The department may adopt rules requiring other providers of medicaid home and community-based services that are provided in a person's home to provide the training required under this section.

(6) The department shall:

(a) review and approve fraud education materials; and

(b) monitor compliance with training requirements.
Mont. Code Ann. § 53-6-101 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-101
53-6-101 Montana medicaid program -- authorization of services
Status: in_force

53-6-101 . (Temporary) Montana medicaid program -- authorization of services. (1) There is a Montana medicaid program established for the purpose of providing necessary medical services to eligible persons who have need for medical assistance. The Montana medicaid program is a joint federal-state program administered under this chapter and in accordance with Title XIX of the Social Security Act, 42 U.S.C. 1396, et seq. The department shall administer the Montana medicaid program.

(2) The department and the legislature shall consider the following funding principles when considering changes in medicaid policy that either increase or reduce services:

(a) protecting those persons who are most vulnerable and most in need, as defined by a combination of economic, social, and medical circumstances;

(b) giving preference to the elimination or restoration of an entire medicaid program or service, rather than sacrifice or augment the quality of care for several programs or services through dilution of funding; and

(c) giving priority to services that employ the science of prevention to reduce disability and illness, services that treat life-threatening conditions, and services that support independent or assisted living, including pain management, to reduce the need for acute inpatient or residential care.

(3) Medical assistance provided by the Montana medicaid program includes the following services:

(a) inpatient hospital services;

(b) outpatient hospital services;

(c) other laboratory and x-ray services, including minimum mammography examination as defined in 33-22-132 ;

(d) skilled nursing services in long-term care facilities;

(e) physicians' services;

(f) nurse specialist services;

(g) early and periodic screening, diagnosis, and treatment services for persons under 21 years of age, in accordance with federal regulations and subsection (10)(b);

(h) ambulatory prenatal care for pregnant women during a presumptive eligibility period, as provided in 42 U.S.C. 1396a(a)(47) and 42 U.S.C. 1396r-1;

(i) targeted case management services, as authorized in 42 U.S.C. 1396n(g), for high-risk pregnant women;

(j) services that are provided by physician assistants within the scope of their practice and that are otherwise directly reimbursed as allowed under department rule to an existing provider;

(k) health services provided under a physician's orders by a public health department;

(l) federally qualified health center services, as defined in 42 U.S.C. 1396d(l)(2);

(m) routine patient costs for qualified individuals enrolled in an approved clinical trial for cancer as provided in 33-22-153 ;

(n) for children 18 years of age and younger, habilitative services as defined in 53-4-1103 ;

(o) services provided by a person certified in accordance with 37-2-318 to provide services in accordance with the Indian Health Care Improvement Act, 25 U.S.C. 1601, et seq.;

(p) fertility preservation services in accordance with 33-22-2103 ; and

(q) planned home births for women with a low risk of adverse birth outcomes, as established by the appropriate licensing board, that are attended by certified nurse-midwives licensed under Title 37, chapter 8, or direct-entry midwives licensed under Title 37, chapter 27. Coverage under this section includes prenatal care and postpartum care.

(4) Medical assistance provided by the Montana medicaid program may, as provided by department rule, also include the following services:

(a) medical care or any other type of remedial care recognized under state law, furnished by licensed practitioners within the scope of their practice as defined by state law;

(b) home health care services[, including services provided by pediatric complex care assistants licensed pursuant to 37-2-603 ];

(c) private-duty nursing services;

(d) dental services;

(e) physical therapy services;

(f) mental health center services administered and funded under a state mental health program authorized under Title 53, chapter 21, part 10;

(g) clinical social worker services;

(h) prescribed drugs, dentures, and prosthetic devices;

(i) prescribed eyeglasses;

(j) other diagnostic, screening, preventive, rehabilitative, chiropractic, and osteopathic services;

(k) inpatient psychiatric hospital services for persons under 21 years of age;

(l) services of clinical professional counselors licensed under Title 37, chapter 39;

(m) services of a marriage and family therapist licensed under Title 37, chapter 39;

(n) hospice care, as defined in 42 U.S.C. 1396d(o);

(o) case management services, as provided in 42 U.S.C. 1396d(a) and 1396n(g), including targeted case management services for the mentally ill;

(p) services of psychologists licensed under Title 37, chapter 17;

(q) inpatient psychiatric services for persons under 21 years of age, as provided in 42 U.S.C. 1396d(h), in a residential treatment facility, as defined in 50-5-101 , that is licensed in accordance with 50-5-201 ;

(r) services of behavioral health peer support specialists certified under Title 37, chapter 39, provided to adults 18 years of age and older with a diagnosis of a mental disorder, as defined in 53-21-102 ;

(s) services of doulas licensed under Title 37, chapter 77;

(t) direct patient care agreements, as provided for in 50-4-107 ; and

(u) any additional medical service or aid allowable under or provided by the federal Social Security Act.

(5) Services for persons qualifying for medicaid under the medically needy category of assistance, as described in 53-6-131 , may be more limited in amount, scope, and duration than services provided to others qualifying for assistance under the Montana medicaid program. The department is not required to provide all of the services listed in subsections (3) and (4) to persons qualifying for medicaid under the medically needy category of assistance.

(6) In accordance with federal law or waivers of federal law that are granted by the secretary of the U.S. department of health and human services, the department may implement limited medicaid benefits, to be known as basic medicaid, for adult recipients who are eligible because they are receiving cash assistance, as defined in 53-4-201 , as the specified caretaker relative of a dependent child and for all adult recipients of medical assistance only who are covered under a group related to a program providing cash assistance, as defined in 53-4-201 . Basic medicaid benefits consist of all mandatory services listed in subsection (3) but may include those optional services listed in subsections (4)(a) through (4)(u) that the department in its discretion specifies by rule. The department, in exercising its discretion, may consider the amount of funds appropriated by the legislature, whether approval has been received, as provided in 53-1-612 , and whether the provision of a particular service is commonly covered by private health insurance plans. However, a recipient who is pregnant, meets the criteria for disability provided in Title II of the Social Security Act, 42 U.S.C. 416, et seq., or is less than 21 years of age is entitled to full medicaid coverage.

(7) The department may implement, as provided for in Title XIX of the Social Security Act, 42 U.S.C. 1396, et seq., as may be amended, a program under medicaid for payment of medicare premiums, deductibles, and coinsurance for persons not otherwise eligible for medicaid.

(8) (a) The department may set rates for medical and other services provided to recipients of medicaid and may enter into contracts for delivery of services to individual recipients or groups of recipients.

(b) The department shall strive to close gaps in services provided to individuals suffering from mental illness and co-occurring disorders by doing the following:

(i) simplifying administrative rules, payment methods, and contracting processes for providing services to individuals of different ages, diagnoses, and treatments. Any adjustments to payments must be cost-neutral for the biennium beginning July 1, 2017.

(ii) publishing a report on an annual basis that describes the process that a mental health center or substance use disorder facility, as those terms are defined in 50-5-101 , must utilize in order to receive payment from Montana medicaid for services provided to individuals of different ages, diagnoses, and treatments.

(9) The services provided under this part may be only those that are medically necessary and that are the most efficient and cost-effective.

(10) (a) The amount, scope, and duration of services provided under this part must be determined by the department in accordance with Title XIX of the Social Security Act, 42 U.S.C. 1396, et seq., as may be amended.

(b) The department shall, with reasonable promptness, provide access to all medically necessary services prescribed under the early and periodic screening, diagnosis, and treatment benefit, including access to prescription drugs and durable medical equipment for which the department has not negotiated a rebate.

(11) Services, procedures, and items of an experimental or cosmetic nature may not be provided.

(12) (a) Prior to enacting changes to provider rates, medicaid waivers, or the medicaid state plan, the department shall report this information to the following committees in accordance with 5-11-210 :

(i) the children, families, health, and human services interim committee;

(ii) the legislative finance committee; and

(iii) the health and human services budget committee.

(b) In its report to the committees, the department shall provide an explanation for the proposed changes and an estimated budget impact to the department over the next 4 fiscal years.

(13) 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 after taking into consideration the funding principles set forth in subsection (2). (Bracketed language in subsection (4)(b) terminates June 30, 2031--sec. 10, Ch. 628, L. 2023; subsection (4)(s) terminates December 31, 2030--sec. 10, Ch. 597, L. 2025.)
Mont. Code Ann. § 53-6-1003 — MT Code / Title 53 / Chapter 6 / Part 10 / Section 53-6-1003
53-6-1003 Eligibility -- income determination
Status: in_force

53-6-1003 . Eligibility -- income determination. To be eligible for the program, an individual must:

(1) reside in a household with an income level less than or equal to 250% of the federal poverty guidelines as adopted by the U.S. department of health and human services; and

(2) lack prescription drug coverage or shall provide documentation that the individual has exceeded the coverage of the individual's prescription drug benefits.
Mont. Code Ann. § 53-10-504 — MT Code / Title 53 / Chapter 10 / Part 5 / Section 53-10-504
53-10-504 Block grant plan -- county and state approval
Status: in_force

53-10-504 . Block grant plan -- county and state approval. (1) A human resource development council shall prepare a plan for use of block grant funds. The planned use must be in compliance with block grant requirements, and the plan must be made to further the goals stated in the block grant.

(2) The human resource development council shall submit the plan to the county governing bodies within its multicounty area. A county governing body may approve, disapprove, or offer amendments to the plan. If the county governing body and the human resources development council cannot agree as to the plan's components, the department shall prepare and approve a plan for such county. The department shall then allocate block grant funds to the appropriate human resource development council to administer according to the plan approved for such county by the department.

(3) The plan must be submitted to the department for approval prior to distribution by the department of block grant funds allocated to the human resource development council. The department may disapprove a plan, in whole or in part, only if the plan conflicts with a federal law or regulation. A disapproved plan may be amended and resubmitted to the department.
Mont. Code Ann. § 53-19-102 — MT Code / Title 53 / Chapter 19 / Part 1 / Section 53-19-102
53-19-102 Definitions
Status: in_force

53-19-102 . Definitions. As used in this part, the following definitions apply:

(1) "Community home for persons with severe disabilities" means a facility licensed by the department, as provided for in 52-4-201 through 52-4-205 .

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

(3) "Disability" means a permanent physical or mental condition recognized as a disability by Title VII of the federal Rehabilitation Act of 1973, 29 U.S.C. 796, et seq., as may be amended.

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

(5) "Person with a severe disability" means the same as "individual with a severe disability" as defined in the federal Rehabilitation Act of 1973, 29 U.S.C. 706(15)(B), as may be amended. The term includes an individual whose ability to function independently in family or community or whose ability to engage or continue in employment is so limited by the severity of the physical or mental disability that the services provided under this part are required in order for the individual to achieve a greater level of independence in functioning in family or community or in engaging in or continuing in employment.
Mont. Code Ann. § 53-2-501 — MT Code / Title 53 / Chapter 2 / Part 5 / Section 53-2-501
53-2-501 Investigations and enforcement actions by department of justice
Status: in_force

53-2-501 . Investigations and enforcement actions by department of justice. (1) When requested by the department of public health and human services, the department of justice shall:

(a) investigate matters relating to public assistance and vendor payments, including but not limited to the claim for an acceptance of public assistance benefits by public assistance recipients and the receipt and disbursal of public assistance funds by state, county, or other governmental agencies;

(b) institute civil or criminal actions in the appropriate courts to enforce the public assistance laws and violations thereof.

(2) For purposes of the enforcement of and investigations relating to laws governing public assistance and vendor payments, the department of justice is a criminal justice agency, as defined in 44-5-103 , and employees designated by the department have peace officer status with the powers of search, seizure, and arrest.
Mont. Code Ann. § 53-30-606 — MT Code / Title 53 / Chapter 30 / Part 6 / Section 53-30-606
53-30-606 License -- inspection
Status: in_force

53-30-606 . License -- inspection. (1) The department shall grant a license to a private correctional facility determined by the department to conform to this part and department rules.

(2) The department may grant a temporary license for 1 year to a facility that loses accreditation if the department determines that the facility is making satisfactory progress toward substantial conformity with this part, 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 and that the interests and well-being of the residents of the state and of the persons to be confined in the facility are protected. A temporary license may not be renewed.

(3) Except as provided in subsection (2), the department may not grant a license unless the contractor conforms to all state and federal statutes, applicable American correctional association and national commission on correctional health care standards, as determined by the department by administrative rule, department rules, and other requirements as defined in administrative rule. During the initial 3-year period of a contract, a private correctional facility is not required to be accredited by the American correctional association or the national commission on correctional health care in order to be granted a license by the department.

(4) The department may not grant a license to a private correctional facility unless the department determines that the facility conforms to the long-range correctional needs, objectives, and goals of the department and state.

(5) The department may not grant a license to a private correctional facility until the owner or operator of the facility has provided the department with proof of indemnity insurance that appropriately indemnifies the state and that is acceptable to the department.

(6) The department may not grant a license to a private correctional facility unless the facility is constructed in accordance with American correctional association facility construction requirements. In addition, the private correctional facility shall comply with any other applicable local, state, or federal laws or regulations.

(7) The department may not grant a license to a private correctional facility unless the facility has promulgated a policy to provide reasonable access to the facility by representatives of the public media.

(8) The department may not grant a license to a private correctional facility unless the facility has entered into an agreement with local and state law enforcement authorities. The private correctional facility shall demonstrate an adequate response for the mutual aid, assistance, and notification in the event of an escape, riot or disturbance, natural or human-caused event, or other act that may potentially affect public safety.

(9) The department may not grant a license to a private correctional facility unless the legislature has appropriated funds for the housing of state inmates in private correctional facilities.

(10) The department shall at least annually inspect each private correctional facility to determine compliance with this part and department rules.
Mont. Code Ann. § 53-2-107 — MT Code / Title 53 / Chapter 2 / Part 1 / Section 53-2-107
53-2-107 Fraudulent obtaining of public assistance treated as theft
Status: in_force

53-2-107 . Fraudulent obtaining of public assistance treated as theft. Whoever knowingly obtains by means of a willfully false statement, representation, or impersonation or other fraudulent device public assistance to which the person is not entitled is guilty of theft as provided in 45-6-301 .
Mont. Code Ann. § 53-21-120 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-120
53-21-120 Detention to be in least restrictive environment -- preference for mental health facility -- court relief -- prehearing detention of mentally ill person prohibited
Status: in_force

53-21-120 . Detention to be in least restrictive environment -- preference for mental health facility -- court relief -- prehearing detention of mentally ill person prohibited. (1) A person detained pursuant to this part must be detained in the least restrictive environment required to protect the life and physical safety of the person detained or members of the public; in this respect, prevention of significant injury to property may be considered.

(2) Whenever possible, a person detained pursuant to this part must be detained in a mental health facility and in the county of residence. If the person detained demands a jury trial and the trial cannot be held within 7 days, subject to the provisions in 53-21-193 , the individual may be sent to the state hospital or a behavioral health inpatient facility until the time of trial if arrangements can be made to return the person to trial. The trial must be held within 30 days. The county of residence shall pay the cost of travel and professional services associated with the trial. A person may not be detained in any hospital or other medical facility that is not a mental health facility unless the hospital or facility has agreed in writing to admit the person.

(3) A person may not be detained pursuant to this part in a jail or other correctional facility.

(4) A person detained prior to involuntary commitment may apply to the court for immediate relief with respect to the need for detention or the adequacy of the facility being utilized to detain.
Mont. Code Ann. § 53-21-1303 — MT Code / Title 53 / Chapter 21 / Part 13 / Section 53-21-1303
53-21-1303 Presumption of capacity
Status: in_force

53-21-1303 . Presumption of capacity. (1) A person is presumed to have capacity to make a health care decision and to create or revoke a directive.

(2) This part does not affect the right of a person to make health care decisions while having capacity to do so.
Mont. Code Ann. § 53-6-148 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-148
53-6-148 Indian health services federal revenue account
Status: in_force

53-6-148 . Indian health services federal revenue account. (1) There is an account in the federal special revenue fund established pursuant to 17-2-102 to be known as the Indian health service federal revenue account.

(2) Funds in the account are statutorily appropriated, as provided in 17-7-502 , to the department for medicaid benefits for Indian health services or tribal health services.
Mont. Code Ann. § 53-20-603 — MT Code / Title 53 / Chapter 20 / Part 6 / Section 53-20-603
53-20-603 Licensing
Status: in_force

53-20-603 . Licensing. The intensive behavior center operated pursuant to this part must be licensed as an intermediate care facility for the developmentally disabled in accordance with 50-5-238 .
Mont. Code Ann. § 53-21-137 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-137
53-21-137 Terminated
Status: in_force

53-21-137 . Terminated. Sec. 1, Ch. 541, L. 1989.
Mont. Code Ann. § 53-6-171 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-171
53-6-171 Department lien upon real property of certain medicaid recipients -- conditions
Status: in_force

53-6-171 . Department lien upon real property of certain medicaid recipients -- conditions. (1) Following notice and opportunity for hearing as provided in 53-6-172 , the department shall impose a lien upon the real property, including the home, of an institutionalized recipient of recoverable medical assistance to secure the assets of the recipient for recovery of medical assistance paid on behalf of the recipient prior to, on, or after the imposition of the lien if:

(a) the recipient has been admitted to a nursing facility, an intermediate care facility for the developmentally disabled, or an institution for mental disease;

(b) the property upon which a lien is being imposed is the recipient's home and the home is not lawfully resided in by:

(i) the recipient's spouse;

(ii) the recipient's child who is under 21 years of age, blind, or permanently and totally disabled; or

(iii) the recipient's sibling who was residing in the recipient's home for a period of at least 18 months immediately prior to the recipient's institutionalization; and

(c) the recipient has been determined by the department, pursuant to subsection (2), to be permanently institutionalized.

(2) A recipient is permanently institutionalized for purposes of subsection (1)(c) if the department determines that the recipient cannot reasonably be expected to be discharged from the facility and to return home. There is a rebuttable presumption that the recipient cannot reasonably be expected to be discharged from the facility and return home if the recipient or a representative of the recipient declares that there is no intent to return home or if the recipient has been institutionalized for 6 months or longer without a discharge plan. The recipient's institutionalization for a period of 6 months or longer without a discharge plan does not give rise to the presumption if the facility was required by law to adopt a discharge plan but failed to do so. A recipient or a recipient's representative who alleges that there is a reasonable expectation of discharge from the facility and a return home has the burden of demonstrating the reasonable expectation. The reasonable expectation must be established based upon medical evidence and medical opinion. A declaration by the recipient or a recipient's representative that the recipient intends to be discharged from the facility and to return home is not alone sufficient to establish that there is a reasonable expectation of discharge from the facility and a return home.

(3) For purposes of this section, real property of a recipient includes any interest in real property that may be subject to a judgment lien.
Mont. Code Ann. § 53-2-110 — MT Code / Title 53 / Chapter 2 / Part 1 / Section 53-2-110
53-2-110 Payment of debts to department
Status: in_force

53-2-110 . Payment of debts to department. If money is due and owing the department, a payment due under Title 40, chapter 5, part 2, 4, 7, or 9, or under this chapter that is accompanied by or bears any notation by the debtor that the payment represents payment in full is not full payment, notwithstanding the department's acceptance of the payment, unless the department signs a written agreement that the payment is payment in full.
Mont. Code Ann. § 53-21-119 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-119
53-21-119 Waiver of rights -- right to counsel and right to treatment not waivable
Status: in_force

53-21-119 . Waiver of rights -- right to counsel and right to treatment not waivable. (1) A respondent's right to counsel and the right to treatment provided for in this part may not be waived.

(2) A respondent's procedural right to be physically present at any hearing as provided in 53-21-115 (2) and 53-21-116 may be waived by the court:

(a) at the request of the respondent, on a finding supported by facts that the respondent voluntarily expresses a desire to waive the respondent's presence at the hearing;

(b) at the request of the respondent's counsel, with the concurrence of the professional person and the friend of the respondent, if any, on a finding supported by facts that the presence of the respondent at the hearing is likely to seriously adversely affect the respondent's mental health condition; or

(c) at the request of the county attorney, with the concurrence of the professional person and the friend of the respondent, if any, on a finding supported by facts that the presence of the respondent at the hearing is likely to seriously adversely affect the respondent's mental health condition.

(3) The respondent's rights may otherwise be waived:

(a) by the respondent, if the court finds the respondent is capable of making an intentional or knowing decision; or

(b) by the respondent's counsel and the friend of the respondent, if any, acting together, if a record is based on the reasons for the waiver.

(4) (a) In the case of a minor, provided that a record is made of the reasons for the waiver, the minor's rights may be waived by the mutual consent of the minor's counsel and parents or guardian or guardian ad litem if there are no parents or guardian.

(b) If there is an apparent conflict of interest between a minor and the minor's parents or guardian, the court shall appoint a guardian ad litem for the minor.
Mont. Code Ann. § 53-30-506 — MT Code / Title 53 / Chapter 30 / Part 5 / Section 53-30-506
53-30-506 Local governmental entity option to purchase facility owned by state
Status: in_force

53-30-506 . Local governmental entity option to purchase facility owned by state. If, under a contract entered into under 53-30-504 , the state constructs and owns a regional correctional facility, the contract may provide an option for the local governmental entity or corporation to purchase the facility.
Mont. Code Ann. § 53-21-1312 — MT Code / Title 53 / Chapter 21 / Part 13 / Section 53-21-1312
53-21-1312 When a directive takes effect -- determination of incapacity
Status: in_force

53-21-1312 . When a directive takes effect -- determination of incapacity. (1) A directive is valid upon execution but takes effect only upon a determination of incapacity as provided in this part.

(2) A principal, agent, professional person, or health care provider may seek a determination regarding whether the principal is incapacitated or has regained capacity.

(3) For the purpose of triggering the directive, a determination that the principal lacks capacity or has regained capacity must be made by the supervising health care provider.

(4) For the purpose of triggering the directive, a directive may require the concurrence of two health care providers, one of whom must be the supervising health care provider in the determination of incapacity. The directive may require that one of the concurring providers is a psychiatrist or other physician.

(5) The determination of incapacity must consider all factors identified in the directive as evidence of incapacity.

(6) Unless otherwise specified in the directive, the authority of an agent becomes effective upon a determination that the principal lacks capacity and ceases to be effective upon a determination that the principal has regained capacity.
Mont. Code Ann. § 53-21-182 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-182
53-21-182 Court-ordered release to alternative placement or treatment
Status: in_force

53-21-182 . Court-ordered release to alternative placement or treatment. At any time during the patient's commitment, the court may, on its own initiative or upon application of the professional person in charge of the patient, the patient, the patient's next of kin, the patient's attorney, a third party responsible for payment for the care of the patient, or the friend of respondent appointed by the court, order the patient to be placed in the care and custody of relatives or guardians or to be provided outpatient therapy or other appropriate placement or treatment.
Mont. Code Ann. § 53-5-901 — MT Code / Title 53 / Chapter 5 / Part 9 / Section 53-5-901
53-5-901 Medicare assignments -- notice required
Status: in_force

53-5-901 . Medicare assignments -- notice required. (1) A health care provider shall give notice to a medicare patient as to whether or not the provider accepts payment for services on the basis of an assignment, pursuant to section 1842(b)(3)(B)(ii) of the federal Social Security Act, 42 U.S.C. 1395u(b)(3)(B)(ii), the terms of which provide that the full charge for services is the amount of the medicare-approved rate for payment of the applicable service plus any deductible, coinsurance, or copayment required to be paid by the patient.

(2) The notice required under subsection (1) must be posted by each health care provider in a conspicuous area in the provider's place of business.

(3) For purposes of this section, "health care provider" means a person, firm, corporation, association, or institution that provides goods or services subject to reimbursement under the federal medicare program in accordance with Title XVIII of the federal Social Security Act, 42 U.S.C. 1395, et seq.
Mont. Code Ann. § 53-7-406 — MT Code / Title 53 / Chapter 7 / Part 4 / Section 53-7-406
53-7-406 Rulemaking authority
Status: in_force

53-7-406 . Rulemaking authority. The department shall adopt rules to implement the provisions of this part.
Mont. Code Ann. § 53-20-221 — MT Code / Title 53 / Chapter 20 / Part 2 / Section 53-20-221
53-20-221 Liability training program and materials for respite care
Status: in_force

53-20-221 . Liability training program and materials for respite care. (1) The department, in conjunction with the department of labor and industry, shall develop a training program and educational materials on labor law and liability issues related to the employment of a person by an individual for respite care services under the exemptions provided in 39-3-406 , 39-51-204 , and 39-71-401 . The educational materials must provide information on the labor law requirements applicable to an individual hiring a person for respite care services.

(2) The department shall make the training materials available to providers of community-based services for people with developmental disabilities that serve as the organized health care delivery system for respite care funds available from the department for use by individuals who hire and pay a person to provide respite care to a family member or a person for whom they are the legal guardian.

(3) To qualify for the respite care funds available from the department, an individual:

(a) shall receive training offered by a provider; and

(b) shall sign a statement acknowledging that the individual has completed the training and has read the related educational materials.
Mont. Code Ann. § 53-7-306 — MT Code / Title 53 / Chapter 7 / Part 3 / Section 53-7-306
53-7-306 Eligibility for services
Status: in_force

53-7-306 . Eligibility for services. A person with a disability because of blindness or low vision is eligible for vocational rehabilitation services if the department, after full investigation, determines that the person may become employable or achieve accepted vocational objectives through the provision of vocational rehabilitation services that are made available as provided for in 53-7-310 .
Mont. Code Ann. § 53-9-105 — MT Code / Title 53 / Chapter 9 / Part 1 / Section 53-9-105
53-9-105 Rehabilitation of victims
Status: in_force

53-9-105 . Rehabilitation of victims. The office shall refer to the department of public health and human services victims who have been permanently disabled through criminally injurious conduct, who are receiving benefits under this part, and who in the opinion of the office may be vocationally rehabilitated. The department of public health and human services shall provide for the vocational rehabilitation of the victims under its rehabilitation programs to the extent funds are available under the programs.
Mont. Code Ann. § 53-20-148 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-148
53-20-148 Right to habilitation
Status: in_force

53-20-148 . Right to habilitation. (1) Persons admitted to residential facilities have a right to habilitation, including medical treatment, education, and care suited to their needs, regardless of age, degree of intellectual disability, or disabling condition. Each resident has a right to a habilitation program that will maximize the resident's human abilities and enhance the resident's ability to cope with the environment. Every residential facility shall recognize that each resident, regardless of ability or status, is entitled to develop and realize the resident's fullest potential. The facility shall implement the principle of normalization so that each resident may live as normally as possible.

(2) Residents have a right to the least restrictive conditions necessary to achieve the purposes of habilitation. To this end, the facility shall make every attempt to move residents from:

(a) more to less structured living;

(b) larger to smaller facilities;

(c) larger to smaller living units;

(d) group to individual residences;

(e) segregated from the community to integrated into the community living; and

(f) dependent to independent living.

(3) Within 30 days of admission to a residential facility, each resident must have an evaluation by appropriate specialists for programming purposes.

(4) Each resident must have an individualized habilitation plan formulated by an individual treatment planning team. This plan must be implemented as soon as possible, but no later than 30 days after the resident's admission to the facility. An interim program of habilitation, based on the preadmission evaluation conducted pursuant to this part, must commence promptly upon the resident's admission. Each individualized habilitation plan must contain:

(a) a statement of the nature of the specific limitations and the needs of the resident;

(b) a description of intermediate and long-range habilitation goals, with a projected timetable for their attainment;

(c) a statement of and an explanation for the plan of habilitation for achieving these intermediate and long-range goals;

(d) a statement of the least restrictive setting for habilitation necessary to achieve the habilitation goals of the resident;

(e) a specification of the professionals and other staff members who are responsible for the particular resident's attaining these habilitation goals; and

(f) criteria for release to less restrictive settings for habilitation, based on the resident's needs, including criteria for discharge and a projected date for discharge.

(5) As part of the habilitation plan, each resident must have an individualized postinstitutionalization plan that includes an identification of services needed to make a satisfactory community placement possible. This plan must be developed by the individual treatment planning team that shall begin preparation of the plan upon the resident's admission to the facility and shall complete the plan as soon as practicable. The parents or guardian or next of kin of the resident, the responsible person appointed by the court, if any, and the resident, if able to give informed consent, must be consulted in the development of the plan and must be informed of the content of the plan.

(6) In the interests of continuity of care, one qualified intellectual disability professional shall whenever possible be responsible for supervising the implementation of the habilitation plan, integrating the various aspects of the habilitation program, and recording the resident's progress as measured by objective indicators. The qualified intellectual disability professional is also responsible for ensuring that the resident is released when appropriate to a less restrictive habilitation setting.

(7) The habilitation plan must be reviewed monthly by the qualified intellectual disability professional responsible for supervising the implementation of the plan and must be modified if necessary. In addition, 6 months after admission and at least annually thereafter, each resident must receive a comprehensive psychological, social, habilitative, and medical diagnosis and evaluation and the resident's habilitation plan must be reviewed and revised accordingly by the individual treatment planning team. A habilitation plan must be reviewed monthly.

(8) Each resident placed in the community must receive transitional habilitation assistance.

(9) A residential facility shall report in writing to the parents or guardian of the resident or the responsible person at least every 6 months on the resident's habilitation and medical condition. The report must also state any appropriate habilitation program that has not been afforded to the resident because of inadequate habilitation resources.

(10) Each resident, the parents or guardian of each resident, and the responsible person appointed by the court must promptly upon the resident's admission receive a written copy of and be orally informed of all the above standards for adequate habilitation, the rights accorded by 53-20-142 , and other information concerning the care and habilitation of the resident that may be available to assist them in understanding the situation of the resident and the rights of the resident in the facility.
Mont. Code Ann. § 53-24-108 — MT Code / Title 53 / Chapter 24 / Part 1 / Section 53-24-108
53-24-108 Use of funds generated by taxation on alcoholic beverages
Status: in_force

53-24-108 . Use of funds generated by taxation on alcoholic beverages. (1) Revenue generated by 16-1-404 , 16-1-406 , and 16-1-411 and allocated to the department to be used in state-approved private or public programs whose function is the treatment, rehabilitation, and prevention of alcoholism, which for the purposes of this section includes chemical dependency, must be distributed as follows:

(a) 20% is statutorily appropriated, as provided in 17-7-502 , to be allocated as provided in 53-24-206 (3)(b), and must be distributed as grants to state-approved private or public alcoholism programs;

(b) 6.6% is statutorily appropriated, as provided in 17-7-502 , to be distributed to state-approved private or public alcoholism programs that provide services for treatment and rehabilitation for persons with co-occurring serious mental illness and chemical dependency; and

(c) the remainder of funds not statutorily appropriated in subsections (1)(a) and (1)(b) may be distributed:

(i) as payment of fees for alcoholism services provided by state-approved private or public alcoholism programs and licensed hospitals for detoxification services; or

(ii) as matching funds for the Montana medicaid program administered by the department that are used for alcoholism and chemical dependency programs.

(2) A person operating a state-approved alcoholism program may not be required to provide matching funds as a condition of receiving a grant under subsection (1)(a).

(3) In addition to funding received under this section, a person operating a state-approved alcoholism program may accept gifts, bequests, or the donation of services or money for the treatment, rehabilitation, or prevention of alcoholism.

(4) A person receiving funding under this section to support operation of a state-approved alcoholism program may not refuse alcoholism treatment, rehabilitation, or prevention services to a person solely because of that person's inability to pay for those services.

(5) A grant made under this section is subject to the following conditions:

(a) The grant application must contain an estimate of all program income, including income from earned fees, gifts, bequests, donations, and grants from other than state sources during the period for which grant support is sought.

(b) Whenever, during the period of grant support, program income exceeds the amount estimated in the grant application, the amount of the excess must be reported to the grantor.

(c) The excess must be used by the grantee under the terms of the grant in accordance with one or a combination of the following options:

(i) use for any purpose that furthers the objectives of the legislation under which the grant was made; or

(ii) to allow program growth through the expansion of services or for capital expenditures necessary to improve facilities where services are provided.

(6) Revenue generated by 16-1-404 , 16-1-406 , and 16-1-411 for the treatment, rehabilitation, and prevention of alcoholism that has not been encumbered for those purposes by the counties of Montana or the department must be returned to the state special revenue fund for the treatment, rehabilitation, and prevention of alcoholism within 30 days after the close of each fiscal year and must be distributed by the department the following year as provided in 53-24-206 (3)(b).
Mont. Code Ann. § 53-6-1410 — MT Code / Title 53 / Chapter 6 / Part 14 / Section 53-6-1410
53-6-1410 Absorption of costs
Status: in_force

53-6-1410 . Absorption of costs. Any cost incurred by the department of public health and human services in implementing 53-6-111 and this part must be absorbed into the department's existing budget.
Mont. Code Ann. § 53-6-143 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-143
53-6-143 Medical assistance liens and recoveries
Status: in_force

53-6-143 . Medical assistance liens and recoveries. (1) Except as provided in this section, the department may not impose a lien upon the property of an applicant for or recipient of medical assistance.

(2) A lien for recovery of medical assistance paid or to be paid under this chapter may be imposed against the real or personal property of a medicaid applicant or recipient prior to the applicant's or recipient's death only:

(a) pursuant to a judgment of a court for recovery of medical assistance paid on behalf of the recipient;

(b) on a third-party recovery as provided in 53-2-612 ;

(c) as provided in 53-6-171 through 53-6-188 ; or

(d) to the extent that the recipient has received medical assistance based upon resources not disregarded pursuant to part 8 of this chapter.

(3) The department may recover medical assistance correctly paid on behalf of a recipient only as provided in 53-2-612 , 53-6-167 through 53-6-169 , or 53-6-171 through 53-6-188 or as provided in a written agreement between the department and the recipient or the recipient's representative pursuant to 42 U.S.C. 1382b(b).

(4) Except as otherwise specifically provided by 53-6-144 , 53-6-165 through 53-6-169 , 53-6-171 through 53-6-189 , and this section, the department may pursue recovery under any section or combination of sections as may be applicable in a particular case. However, the department may not recover pursuant to 53-6-167 through 53-6-169 or 53-6-171 through 53-6-188 more than the total amount of recoverable medical assistance paid on behalf of a recipient, plus any applicable costs, interest, or other charges specifically allowed by law. The fact that the department has or may have a lien on particular property does not preclude the department from pursuing recovery under another section against other assets of the recipient or assets of another person as provided in 53-6-144 , 53-6-165 through 53-6-169 , 53-6-171 through 53-6-189 , and this section.

(5) Except as provided in subsections (5)(a) and (5)(b), the department may not impose a lien under this section upon a self-sufficiency trust established pursuant to Title 53, chapter 18, part 1, or upon the assets of a self-sufficiency trust established pursuant to Title 53, chapter 18, part 1.

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

(b) To the extent otherwise permitted by this section, the department is not precluded from asserting a claim or imposing a lien upon real or personal property prior to transfer of the property to the trust. If the department imposes a lien upon property prior to transfer to a self-sufficiency trust, any transfer of the property to the trust is subject to the lien.
Mont. Code Ann. § 53-21-184 — MT Code / Title 53 / Chapter 21 / Part 1 / Section 53-21-184
53-21-184 Patients for whom release and discharge provisions inapplicable
Status: in_force

53-21-184 . Patients for whom release and discharge provisions inapplicable. The release and discharge provisions of this part shall not apply to any patient held upon an order of court or judge in a proceeding arising out of a criminal act.
Mont. Code Ann. § 53-4-1002 — MT Code / Title 53 / Chapter 4 / Part 10 / Section 53-4-1002
53-4-1002 Purpose -- definition
Status: in_force

53-4-1002 . (Temporary) Purpose -- definition. (1) The purpose of this part is to create a program to provide health care to children who are not eligible for health care services under the Montana medicaid program. These health care services may be provided by the payment for health care through an insurance plan, a health maintenance organization, a managed care plan, or direct payment to a health care provider.

(2) As used in 53-4-1003 through 53-4-1005 and 53-4-1007 through 53-4-1010 , "program" means the state children's health insurance program. (Terminates on occurrence of contingency--sec. 15, Ch. 571, L. 1999.)
Mont. Code Ann. § 53-9-111 — MT Code / Title 53 / Chapter 9 / Part 1 / Section 53-9-111
53-9-111 Penalty for fraudulently obtaining benefits
Status: in_force

53-9-111 . Penalty for fraudulently obtaining benefits. Any person who knowingly makes a false claim or a false statement or uses any other fraudulent device in connection with any claim is guilty of theft as provided in 45-6-301 and upon conviction shall, in addition to being punished as provided by that section, forfeit and repay any compensation paid under this part.
Mont. Code Ann. § 53-1-405 — MT Code / Title 53 / Chapter 1 / Part 4 / Section 53-1-405
53-1-405 Monthly payment amount
Status: in_force

53-1-405 . Monthly payment amount. (1) A resident and a financially responsible person are liable for the resident's cost of care in an amount that the department determines that the resident or financially responsible person is able to pay. The department shall determine ability to pay based upon financial information and documentation obtained by the department through an investigation conducted as provided in 53-1-406 .

(2) The department shall adopt rules that establish criteria and procedures for determining ability to pay. The criteria established by rules adopted under this section must address factors relevant to the person's ability to pay, including but not limited to:

(a) the amount of the resident's or financially responsible person's income, including the anticipated receipt of retroactive benefits, such as veteran's benefits or social security benefits;

(b) the amount of the resident's or financially responsible person's assets, including the availability of assets that are liquid or that are able to be readily converted to cash;

(c) the amount of the resident's or financially responsible person's fixed expenses for reasonable and necessary housing, utilities, transportation, medical care, food, and clothing;

(d) the amount of the resident's or financially responsible person's taxes and other mandatory payments, such as social security withholdings, insurance, child support, restitution, and court-ordered payments;

(e) the number of persons dependent upon the resident or financially responsible person for support;

(f) the amount of the resident's or financially responsible person's discretionary income;

(g) the resident's personal needs requirements while in the institution; and

(h) the extent to which requirement of a particular monthly payment or any monthly payment would impose an undue financial burden on the resident or financially responsible person.

(3) The department may determine ability to pay and assess charges up to the full cost of care but may require monthly payments in a lesser amount based upon:

(a) a resident's or financially responsible person's income-producing assets, such as stocks, bonds, certificates of deposit, or other similar assets;

(b) real property of the resident or the resident's spouse if:

(i) the property has been listed or advertised for sale, unless the sale proceeds are or will be used to purchase a home within 18 months or are used for primary residence living expenses; or

(ii) the property is not occupied as the home of the resident, the resident's spouse, or a dependent child or parent of the resident or the resident's spouse and if there is no reasonable expectation that the resident, the resident's spouse, or a dependent child or parent of the resident or the resident's spouse will return to occupy the property as a home; or

(c) the anticipated receipt of retroactive benefits, such as veteran's benefits or social security benefits.

(4) If the department has determined an ability to pay and has assessed charges but has required monthly payments in a lesser amount as provided in subsection (3), the department may bill and collect all or a part of the accumulated difference between the assessed charges and the minimum payment amount:

(a) upon sale or liquidation of the assets or real property;

(b) upon the actual receipt of retroactive benefits, such as veteran's benefits or social security benefits;

(c) upon determination of a current ability to pay; or

(d) from the resident's or financially responsible person's estate as provided in 53-1-412 .

(5) The department may not require payment of a monthly amount that would place an undue financial burden on the resident or financially responsible person.

(6) The department shall refund to the resident or financially responsible person any payment made to the department for any month to the extent that the total payments received from the resident, financially responsible person, and third party exceed the resident's cost of care for that month.

(7) 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 resident's or financially responsible person's obligation to pay for the cost of care as provided in this part.

(8) The department shall provide a written notice and an opportunity for a hearing regarding a department determination of ability to pay to any resident or financially responsible person who is determined able to pay.

(9) In addition to providing the notice required by subsection (8), the department shall bill the resident or financially responsible person monthly for the amount determined in accordance with this section. The bill must state the amount due for the current month, the amount of any payments received during the billing cycle, and the total amount of unpaid costs of care that the department has determined the resident or financially responsible person is able to pay. The bill need not state the current or accrued full cost of care that is or would be payable by a third party.

(10) This section may not be construed to reduce the liability of a third party for the resident's full cost of care as provided in this part.
Mont. Code Ann. § 53-2-505 — MT Code / Title 53 / Chapter 2 / Part 5 / Section 53-2-505
53-2-505 Rulemaking authority of department of justice
Status: in_force

53-2-505 . Rulemaking authority of department of justice. The department of justice may adopt rules to implement this part.
Mont. Code Ann. § 53-6-1406 — MT Code / Title 53 / Chapter 6 / Part 14 / Section 53-6-1406
53-6-1406 Publication of audit results
Status: in_force

53-6-1406 . Publication of audit results. At least once a year the department shall publish and make accessible on its website the following information regarding all medicaid overpayment audits:

(1) the number and type of issues reviewed;

(2) the number of medical and other records requested from providers;

(3) the number of audits conducted by provider type;

(4) the number and aggregate dollar amounts of:

(a) overpayments identified;

(b) overpayments collected; and

(c) underpayments identified;

(5) the duration of audits from initiation to completion;

(6) the number of overpayment determinations and the reversal rates of those determinations at each stage of the informal and formal appeal process;

(7) the number of informal and formal appeals filed by providers, categorized by disposition status; and

(8) the auditor's compensation structure and total dollar amount of compensation for underpayments and overpayments.
Mont. Code Ann. § 53-2-1219 — MT Code / Title 53 / Chapter 2 / Part 12 / Section 53-2-1219
53-2-1219 Special revenue account
Status: in_force

53-2-1219 . Special revenue account. There is a state special revenue account to the credit of the department for use in the incumbent worker training program that may be spent subject to appropriation by the legislature. Money must be deposited in the account from funds that are available for incumbent worker training.
Mont. Code Ann. § 53-7-403 — MT Code / Title 53 / Chapter 7 / Part 4 / Section 53-7-403
53-7-403 Eligibility for services
Status: in_force

53-7-403 . Eligibility for services. The department shall determine whether a person is eligible for independent living services based on criteria established by the department through administrative rule as provided in 53-7-406 .
Mont. Code Ann. § 53-30-106 — MT Code / Title 53 / Chapter 30 / Part 1 / Section 53-30-106
53-30-106 Excessive inmate population -- confinement of inmates in other institutions
Status: in_force

53-30-106 . Excessive inmate population -- confinement of inmates in other institutions. (1) If the inmate population of a correctional institution or system exceeds the emergency capacity for 30 consecutive days, the director of the department of corrections may declare that the emergency capacity has been exceeded and temporarily stop admissions to the institution or system. The director shall notify each sheriff and district court that new inmates will not be accepted by the department for admission into the institution or system until the inmate population is reduced to 95% or less of the emergency capacity. Persons committed to the department and persons sought to be admitted remain in the department's legal custody but must be kept in a detention center in the jurisdiction holding them. In the event the jurisdiction holding the inmate is at maximum capacity, the inmate may be placed in an available detention center in another jurisdiction. The department shall reimburse that jurisdiction for the cost of detention for the period beyond the normal time of delivery to a correctional institution administered by the department. Reimbursement must be at a rate mutually agreeable to the department and the jurisdiction holding the person. The rate must cover the reasonable costs of the holding jurisdiction. Expenses for medication, medical services, or hospitalization for persons confined in a detention center under this section must be paid by the department.

(2) The department may enter into contracts with the federal government, other states, or the commissioners of counties that have suitable detention centers for confining inmates committed to a correctional institution or system administered by the department, either because a correctional institution or system has exceeded its emergency capacity or because the department has no institution that is adequate for certain inmates.

(3) Within budgetary limits and in compliance with 53-30-116 , the department may also enter into contracts with public or private corporations for the confinement of selected inmates if suitable programs have been established.
Mont. Code Ann. § 53-2-1216 — MT Code / Title 53 / Chapter 2 / Part 12 / Section 53-2-1216
53-2-1216 Definitions
Status: in_force

53-2-1216 . Definitions. As used in 53-2-1215 through 53-2-1220 , the following definitions apply:

(1) "Department" means the department of labor and industry provided for in 2-15-1701 .

(2) "Eligible training provider" means:

(a) a unit of the university system, as defined in 20-25-201 ;

(b) a community college district, as defined in 20-15-101 ;

(c) an accredited, tribally controlled community college located in the state of Montana;

(d) an apprenticeship program that is in compliance with Title 39, chapter 6; or

(e) an entity approved to provide workforce training that is approved by the department.

(3) "Employer" means a business entity that employs workers in this state and that is registered with the secretary of state to conduct business as a sole proprietor, if required, or as a corporation, a partnership, a limited liability company, or an association.

(4) "Incumbent worker" means a worker who has completed at least 6 months of employment with the employer.

(5) "Incumbent worker training program grant" or "grant" means the grant awarded to employers to hire eligible training providers to provide incumbent workers with education and training required to improve productivity, efficiency, or wages in existing jobs.

(6) "Worker" means an individual currently employed in a predominantly year-round job and working an average of at least 20 hours a week.
Mont. Code Ann. § 53-30-154 — MT Code / Title 53 / Chapter 30 / Part 1 / Section 53-30-154
53-30-154 Dog obedience training and socialization program -- eligibility -- administration -- fees
Status: in_force

53-30-154 . Dog obedience training and socialization program -- eligibility -- administration -- fees. (1) There is a dog obedience training and socialization program at the Montana state prison or any other state-owned or contracted prison facility for the purpose of promoting the well-being of inmates and increasing the adoptability of rescue dogs in the state. The program shall:

(a) partner with local organizations to source rescue dogs from within the state that are in need of basic obedience training and socialization and that meet the requirements of subsection (3);

(b) develop and follow policies and procedures that promote and protect the safety of inmates and dogs; and

(c) engage eligible inmates, under the direction of at least one certified professional dog trainer, in the training and socialization of the rescue dogs using current best practices.

(2) To be eligible to participate in the program, an inmate must:

(a) have no record of animal cruelty;

(b) be in compliance with required treatment; and

(c) meet any additional requirements prescribed by the department pursuant to subsection (5).

(3) To be eligible to participate in the program, a dog:

(a) must have current rabies and bordetella vaccines;

(b) must be in generally good health;

(c) may not pose an obvious risk to inmates and other dogs; and

(d) must meet any additional requirements prescribed by the department pursuant to subsection (5).

(4) The department may offer the dog obedience training and socialization program to members of the public and may set and charge a fee to a member of the public for the dog obedience training and socialization program.

(5) The department shall develop policies and procedures for the administration of the program, including eligibility criteria for inmates and dogs.
Mont. Code Ann. § 53-30-110 — MT Code / Title 53 / Chapter 30 / Part 1 / Section 53-30-110
53-30-110 Expense of trial for offenses committed in prison
Status: in_force

53-30-110 . Expense of trial for offenses committed in prison. (1) Whenever a trial of any person takes place under any of the provisions of 45-7-306 or whenever a prisoner in the state prison is tried for any crime committed in prison, the county clerk of the county where the trial is held shall make out a statement of all the costs incurred by the county for the trial of the case and of guarding and keeping the prisoner. The statement must be certified by a district judge of the county.

(2) The statement must be sent to the department of corrections for its approval. After the approval, the department shall pay the costs out of the money appropriated for the support of the state prison to the county treasurer of the county where the trial was held.

(3) Public defender costs, if any, must be paid pursuant to the Montana Public Defender Act provided for in Title 47, chapter 1.
Mont. Code Ann. § 53-6-702 — MT Code / Title 53 / Chapter 6 / Part 7 / Section 53-6-702
53-6-702 Definitions
Status: in_force

53-6-702 . Definitions. As used in this part, the following definitions apply:

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

(2) "Health maintenance organization" means a health maintenance organization as defined in 33-31-102 .

(3) (a) "Managed health care entity" or "entity" means a health maintenance organization or an insurer regulated under Title 33 that:

(i) contracts for an estimated annual value of $1 million or more of state and federal medicaid funds; or

(ii) operates statewide or covers 20% or more of the medicaid population.

(b) The term does not include:

(i) a provider of health care services under a contract with the department on a fee-for-service basis;

(ii) a medicaid primary care case management service within the meaning of 42 CFR 438; or

(iii) a PACE organization as defined in 42 CFR 460.6 or an accountable care organization as defined in 33-31-102 that has received a waiver under 33-31-201 .

(4) "Program" means an element of the integrated health care system created by this part.
Mont. Code Ann. § 53-30-504 — MT Code / Title 53 / Chapter 30 / Part 5 / Section 53-30-504
53-30-504 Authority to enter into contracts -- terms -- financing
Status: in_force

53-30-504 . Authority to enter into contracts -- terms -- financing. (1) The department may contract with one or more local governmental entities or corporations for the housing of and provision of services to inmates sentenced to the department or the department's correctional institutions at a regional correctional facility designed, financed, constructed, or operated by a local governmental entity, a corporation, the department, or any combination of a local governmental entity, a corporation, and the department.

(2) The contract must be authorized and approved by the governor, the department, and the governing body of the local governmental entity or the corporation, whichever is party to the contract. The contract must set forth fully the purposes, powers, rights, and responsibilities of each party to the contract and address necessary and proper matters set forth in 7-11-105 .

(3) A contract may include an agreement to jointly design, finance, construct, and operate a regional correctional facility.

(4) The department may not enter into a contract unless the department and the local governmental entity or corporation has the legal authority and the ability to finance its share of the costs under the contract.

(5) A regional correctional facility may be constructed on real property that is owned by the state of Montana, a local governmental entity, or a corporation or that is jointly owned.

(6) The proceeds of long-range building program general obligation bonds authorized to be issued in accordance with Title 17, chapter 5, part 8, may be used, in whole or in part, to construct a regional correctional facility that may be owned and operated by a local governmental entity, whether or not the facility or any part of it is to be owned and operated by the state. If the proceeds of long-range building program general obligation bonds or other state revenue is to be used in whole or in part to construct a regional correctional facility that is to be owned and operated by a local governmental entity, the department of administration is not required to procure the design, engineering, or construction services for the facility. The contract may provide that the local governmental entity shall procure the services, but must also provide that the department of administration must be involved in the development and approval of the plans and specifications for the facility prior to the time the facility is let to bid.

(7) The department shall use the proceeds of long-range building program bonds and other state revenue appropriated for regional correctional facilities to negotiate with local governmental entities, corporations, or private providers to obtain the greatest number of beds that is consistent with program objectives for the least cost to the state.

(8) An individual, corporation, partnership, association, or other private organization or entity may not construct a regional correctional facility in this state, if privately operated or privately owned and operated, unless authorized by the department.

(9) An individual, corporation, partnership, association, or other private organization or entity may not operate a regional correctional facility in this state unless licensed by the department. A license is nontransferable.

(10) A regional correctional facility may house persons who are charged or convicted in this state, another state, or federal court in the detention center portion of a regional correctional facility. A person charged or convicted in another state or charged or convicted in federal court in another state may not be confined in a state correctional facility portion of a regional correctional facility in this state unless the confinement is under and governed by Title 46, chapter 19, part 3 or 4, and the department authorizes the placement of the person in the state correctional facility portion of the regional correctional facility.
Mont. Code Ann. § 53-6-140 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-140
53-6-140 Account not to be treated as asset for purposes of eligibility
Status: in_force

53-6-140 . Account not to be treated as asset for purposes of eligibility. If allowed by federal law, the principal and all interest or other income contained within an account established in accordance with Title 15, chapter 61, may not be treated as an asset of the employee or account holder or as an asset of a dependent of the employee or account holder for the purposes of eligibility for the Montana medicaid program.
Mont. Code Ann. § 53-1-214 — MT Code / Title 53 / Chapter 1 / Part 2 / Section 53-1-214
53-1-214 Educational aid to wrongfully convicted persons exonerated by postconviction DNA testing
Status: in_force

53-1-214 . Educational aid to wrongfully convicted persons exonerated by postconviction DNA testing. (1) Subject to appropriation by the legislature, a person who was convicted in this state of a felony offense, who was incarcerated in a state prison for any period of time, and whose judgment of conviction was overturned by a court based on the results of postconviction forensic DNA testing that exonerates the person of the crime for which the person was convicted is entitled to receive educational aid at the state's expense. The department of corrections shall authorize educational aid for any person entitled to it under this section. The department shall establish, by rule, the procedures for application, designation of authority to receive aid, procedures for payment of aid, and forms to be used for this program. Aid under this section must include expenses for tuition, fees, books, board, and room at any:

(a) Montana community college;

(b) unit of the Montana university system, as described in 20-25-201 ; or

(c) accredited Montana tribally controlled community college.

(2) State aid under this section must include assistance, as described in subsection (1), in meeting any admission standards or criteria required at any of the institutions listed in subsection (1), including but not limited to assistance in satisfying requirements for a certificate of equivalency of completion of secondary education and assistance in completing any adult education program or courses. An adult education fund must be reimbursed by the state for any costs of completing an adult education program or courses under this section.

(3) The board of regents of higher education may waive fees and tuition for education provided under this section pursuant to 20-25-421 . The department of corrections shall notify the board of regents before August 1 of each year of educational aid that is to be provided under this section for the next school year.

(4) The privilege of receiving aid under this section remains active for 10 years after the release of a person who qualifies for aid under subsection (1). State education aid must continue for up to a total of 5 years of aid within the 10-year aid period or until the degree or program for which the person is authorized under subsection (1) is completed, whichever is less, as long as the person continues to make satisfactory progress in the courses or program attempted. Aid is available for completion of any degree or program available from the institutions listed in subsection (1), at the recipient's choice.
Mont. Code Ann. § 53-24-302 — MT Code / Title 53 / Chapter 24 / Part 3 / Section 53-24-302
53-24-302 Involuntary commitment of alcoholics -- rights
Status: in_force

53-24-302 . Involuntary commitment of alcoholics -- rights. (1) A person may be committed to the custody of the department by the district court upon the petition of the person's spouse or guardian, a relative, the certifying physician, or the chief of any approved public treatment facility. The petition must allege that the person is an alcoholic who habitually lacks self-control as to the use of alcoholic beverages and that the person has threatened, attempted, or inflicted physical harm on another and that unless committed is likely to inflict physical harm on another or is incapacitated by alcohol. A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment. The petition must be accompanied by a certificate of a licensed physician who has examined the person within 2 days before submission of the petition unless the person whose commitment is sought has refused to submit to a medical examination, in which case the fact of refusal must be alleged in the petition. The certificate must set forth the physician's findings in support of the allegations of the petition. A physician employed by the admitting facility or the department is not eligible to be the certifying physician.

(2) Upon filing the petition, the court shall fix a date for a hearing no later than 10 days after the date the petition was filed. A copy of the petition and of the notice of the hearing, including the date fixed by the court, must be served on the petitioner, the person whose commitment is sought, the person's next of kin other than the petitioner, a parent or the person's legal guardian if the person is a minor, the administrator in charge of the approved public treatment facility to which the person has been committed for emergency care, and any other person the court believes advisable. A copy of the petition and certificate must be delivered to each person notified.

(3) At the hearing, the court shall hear all relevant testimony, including, if possible, the testimony of at least one licensed physician who has examined the person whose commitment is sought. The person has a right to have a licensed physician of the person's own choosing conduct an examination and testify on the person's behalf. If the person has no funds with which to pay the physician, the reasonable costs of one examination and testimony must be paid by the county. The person must be present unless the court believes that the person's presence is likely to be injurious to the person. The court shall examine the person in open court or, if advisable, shall examine the person in chambers. If the person refuses an examination by a licensed physician and there is sufficient evidence to believe that the allegations of the petition are true or if the court believes that more medical evidence is necessary, the court may make a temporary order committing the person to the department for a period of not more than 5 days for purposes of a diagnostic examination.

(4) If after hearing all relevant evidence, including the results of any diagnostic examination by the department, the court finds that grounds for involuntary commitment have been established by clear and convincing evidence, it shall make an order of commitment to the department. The court may not order commitment of a person unless it determines that the department is able to provide adequate and appropriate treatment for the person and that the treatment is likely to be beneficial.

(5) A person committed under this section must remain in the custody of the department for treatment for a period of 40 days unless sooner discharged. At the end of the 40-day period, the person must automatically be discharged unless before expiration of the period the department obtains a court order from the district court of the committing district for the person's recommitment upon the grounds set forth in subsection (1) for a further period of 90 days unless sooner discharged. If a person has been committed because the person is an alcoholic likely to inflict physical harm on another, the department shall apply for recommitment if after examination it is determined that the likelihood still exists.

(6) A person recommitted under subsection (5) who has not been discharged by the department before the end of the 90-day period must be discharged at the expiration of that period unless before expiration of the period the department obtains a court order from the district court of the committing district on the grounds set forth in subsection (1) for recommitment for a further period not to exceed 90 days. If a person has been committed because the person is an alcoholic likely to inflict physical harm on another, the department shall apply for recommitment if after examination it is determined that the likelihood still exists. Only two recommitment orders under subsections (5) and (6) are permitted.

(7) Upon the filing of a petition for recommitment under subsection (5) or (6), the court shall fix a date for hearing no later than 10 days after the date the petition was filed. A copy of the petition and of the notice of hearing, including the date fixed by the court, must be served on the petitioner, the person whose commitment is sought, the person's next of kin other than the petitioner, the original petitioner under subsection (1) if different from the petitioner for recommitment, one of the person's parents or the person's legal guardian if the person is a minor, and any other person the court believes advisable. At the hearing, the court shall proceed as provided in subsection (3).

(8) A person committed to the custody of the department for treatment must be discharged at any time before the end of the period for which the person has been committed if either of the following conditions is met:

(a) in case of an alcoholic committed on the grounds of likelihood of infliction of physical harm upon another, that the person is no longer in need of treatment or the likelihood no longer exists; or

(b) in case of an alcoholic committed on the grounds of incapacity and the need of treatment, that the incapacity no longer exists, further treatment will not be likely to bring about significant improvement in the person's condition, or treatment is no longer adequate or appropriate.

(9) The court shall inform the person whose commitment or recommitment is sought of the person's right to contest the application, be represented by counsel at every stage of any proceedings relating to the person's commitment and recommitment, and have assigned counsel pursuant to the Montana Public Defender Act, Title 47, chapter 1, if the person wants the assistance of counsel and is unable to obtain private counsel. If the court believes that the person needs the assistance of counsel, the court shall order the office of state public defender, provided for in 2-15-1029 , to assign counsel for the person regardless of the person's wishes. The person whose commitment or recommitment is sought must be informed of the right to be examined by a licensed physician of the person's choice. If the person is unable to obtain a licensed physician and requests examination by a physician, the court shall employ a licensed physician.

(10) If a private treatment facility agrees with the request of a competent patient or the patient's parent, sibling, adult child, or guardian to accept the patient for treatment, the department may transfer the patient to the private treatment facility.

(11) A person committed under this section may at any time seek to be discharged from commitment by writ of habeas corpus or other appropriate means.

(12) The venue for proceedings under this section is the place in which the person to be committed resides or is present.
Mont. Code Ann. § 53-21-1101 — MT Code / Title 53 / Chapter 21 / Part 11 / Section 53-21-1101
53-21-1101 Suicide prevention officer -- duties
Status: in_force

53-21-1101 . Suicide prevention officer -- duties. (1) The department shall implement a suicide prevention program administered by a suicide prevention officer attached to the division responsible for administering adult mental health services. The program must be informed by the best available evidence.

(2) The suicide prevention officer shall:

(a) coordinate all suicide prevention activities being conducted for both children and adults by all divisions within the department and coordinate with any suicide prevention activities that are conducted by other state agencies, including the office of the superintendent of public instruction, the department of corrections, the department of military affairs, the university system, and other stakeholders;

(b) develop a biennial suicide reduction plan in accordance with 53-21-1102 that addresses reducing suicides by Montanans of all ages, ethnic groups, and occupations;

(c) request from the prescription drug registry provided for in 37-7-1502 a list of all controlled substances dispensed to each person whose death was ruled to be a suicide;

(d) report to the legislature annually, in accordance with 5-11-210 and subsection (3) of this section, on the toxicology information submitted by county coroners and the prescription drug registry information regarding the medications prescribed to individuals whose manner of death was ruled to be a suicide; and

(e) direct a statewide suicide prevention program with activities based on the best available evidence that include but are not limited to:

(i) conducting statewide communication campaigns aimed at normalizing the need for all Montanans to address their mental health and utilizing both paid and free media, including digital and social media, and including input from government agencies, school representatives from elementary schools through higher education, mental health advocacy groups, veteran groups, and other relevant nonprofit organizations;

(ii) initiating, in partnership with Montana's tribes and tribal organizations, communication and training that is culturally appropriate and utilizes the modalities best suited for Indian country;

(iii) seeking opportunities for research that will improve understanding of suicide in Montana and provide increased suicide-related services;

(iv) training for medical professionals, military personnel, school personnel, social service providers, and the general public on recognizing the early warning signs of suicidality, depression, and other mental illnesses as well as actions, based on the best available evidence, to take during and after a crisis;

(v) identifying and using available resources, which may include providing grants to entities, including but not limited to tribes, tribal and urban health organizations, local governments, schools, health care providers, professional associations, and other nonprofit and community organizations, for development or expansion of evidence-based suicide prevention programs in accordance with the requirements of 53-21-1111 ;

(vi) building a multifaceted, lifespan approach to suicide prevention; and

(vii) obtaining, analyzing, and reporting program evaluation data, quality health outcomes, and suicide morbidity and mortality data, subject to existing confidentiality protections for the data.

(3) The suicide prevention officer may coordinate with appropriate department personnel in preparing the report required under subsection (2)(d). The report may contain only de-identified information.
Mont. Code Ann. § 53-6-186 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-186
53-6-186 Action by department or other person to preserve property subject to lien -- recovery of costs
Status: in_force

53-6-186 . Action by department or other person to preserve property subject to lien -- recovery of costs. (1) The department may, in its discretion, take any action it considers necessary to prevent waste or loss or to preserve the value of property subject to a lien under 53-6-171 through 53-6-188 , including but not limited to the following:

(a) the payment of any unpaid taxes on the property;

(b) the purchase or renewal of insurance coverage on the property and the payment of necessary insurance premiums;

(c) the ordering of and payment for necessary repairs and maintenance on the property; and

(d) if the property is unoccupied, the rental or lease of the property and the application of any receipts first to unpaid property taxes, insurance, and maintenance and repair and, second, any remaining amount toward repayment of recoverable medical assistance.

(2) The department's reasonable costs and expenses to prevent waste or loss or to preserve the value of the property are secured by the lien imposed under 53-6-171 and may be recovered in addition to all other amounts secured by the lien.

(3) A person who, after the institutionalization or death of the recipient and after the institutionalization of the recipient's surviving spouse, if any, paid real property taxes, homeowner's insurance premiums, or reasonable costs of necessary maintenance or repairs on behalf of the recipient or recipient's spouse, with respect to property subject to a lien under 53-6-171 through 53-6-188 , has a claim against the proceeds of a sale of the property under writ of execution issued pursuant to 53-6-183 for recovery of any amounts paid for those purposes. The claim must be supported by written documentation that clearly demonstrates the amount of each payment, the purpose of each payment, and the services and items purchased with each payment. A claim for reimbursement made under this subsection is prior to the department's lien imposed under 53-6-171 .

(4) The amount of a claim made under subsection (3) must be reduced by:

(a) the amount of any rents and profits from the property paid after the institutionalization or death of the recipient and the institutionalization of the recipient's surviving spouse, if any;

(b) the value of any property that the person with a claim under subsection (3) will receive by distribution or survival from a deceased recipient if the recipient did not leave a surviving spouse; and

(c) the value of any property that the person with a claim under subsection (3) will receive by distribution or survival from the recipient's deceased spouse if the spouse survived the recipient.
Mont. Code Ann. § 53-24-201 — MT Code / Title 53 / Chapter 24 / Part 2 / Section 53-24-201
53-24-201 Department to administer chapter
Status: in_force

53-24-201 . Department to administer chapter. The department shall administer the provisions of this chapter.
Mont. Code Ann. § 53-21-404 — MT Code / Title 53 / Chapter 21 / Part 4 / Section 53-21-404
53-21-404 Terminated
Status: in_force

53-21-404 . Terminated. Sec. 13, Ch. 777, L. 2023.
Mont. Code Ann. § 53-6-1305 — MT Code / Title 53 / Chapter 6 / Part 13 / Section 53-6-1305
53-6-1305 Montana HELP Act program -- delivery of health care services -- third-party administrator -- rulemaking
Status: in_force

53-6-1305 . Montana HELP Act program -- delivery of health care services -- third-party administrator -- rulemaking. (1) The department may contract as provided in Title 18, chapter 4, with one or more third-party administrators to assist in administering the delivery of health care services to members eligible under 53-6-1304 , including but not limited to:

(a) establishing networks of health care providers;

(b) paying claims submitted by health care providers;

(c) collecting the premiums provided for in 53-6-1307 ;

(d) coordinating care;

(e) helping to administer the program; and

(f) helping to administer the medicaid program reforms as specified in 53-6-1311 .

(2) If the department decides to contract with a third-party administrator, the department shall determine the basic health care services to be provided through the arrangement with the third-party administrator.

(3) (a) The department may exempt certain individuals who are eligible for medicaid-funded services pursuant to 53-6-1304 from receiving health care services through an arrangement with a third-party administrator if the individuals would be served more appropriately through the medical assistance program established in Title 53, chapter 6, part 1.

(b) If the department contracts with a third-party administrator, the department shall:

(i) adopt rules establishing criteria for determining whether a member is exempt from receiving health care services through an arrangement with the third-party administrator;

(ii) provide coverage for exempted individuals through the medical assistance program established in Title 53, chapter 6, part 1; and

(iii) for members participating in the arrangement with a third-party administrator, directly cover any service required under federal or state law that is not available through the arrangement with the third-party administrator.

(4) The department may contract with a third-party administrator for the services allowed under subsections (1)(a) through (1)(f) only upon receipt of a federal waiver allowing a third-party administrator to provide services in accordance with this part.
Mont. Code Ann. § 53-21-605 — MT Code / Title 53 / Chapter 21 / Part 6 / Section 53-21-605
53-21-605 Terminated
Status: in_force

53-21-605 . Terminated. Sec. 9, Ch. 388, L. 2009.
Mont. Code Ann. § 53-20-114 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-114
53-20-114 Appointment of responsible person
Status: in_force

53-20-114 . Appointment of responsible person. (1) In a proceeding under this part, the court shall appoint a responsible person to protect the interests of the respondent if the court determines:

(a) that a conflict of interest may exist between the respondent and the respondent's parents or guardian;

(b) that the parents or guardian are unable to protect the interests of the respondent; or

(c) that the respondent has no parent or guardian.

(2) The responsible person may not be an employee of a residential facility.

(3) Only one person may be the responsible person within the meaning of this part.

(4) In appointing a responsible person, the court shall consider the preference of the respondent. The court may at any time, for good cause shown, change its designation of who is the responsible person.

(5) The appointment of the responsible person must terminate at the time of the resident's discharge from the residential facility. The appointment of the responsible person may not terminate during any period of conditional release from the facility.
Mont. Code Ann. § 53-30-314 — MT Code / Title 53 / Chapter 30 / Part 3 / Section 53-30-314
53-30-314 Community corrections facilities and programs operated by tribal governments
Status: in_force

53-30-314 . Community corrections facilities and programs operated by tribal governments. (1) A tribal government 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 tribal government 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 an agreement with a unit of local government, a nongovernmental agency, or a judicial district. If an offender is rejected by the tribal government after initial appearance 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 tribal government shall notify in writing the sentencing judge who, after considering the tribal government's reasons for rejection, shall appropriately modify the sentencing order.
Mont. Code Ann. § 53-20-161 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-161
53-20-161 Maintenance of records
Status: in_force

53-20-161 . Maintenance of records. (1) Complete records for each resident must be maintained and must be readily available to persons who are directly involved with the particular resident and to the mental disabilities board of visitors. All information contained in a resident's records must be considered privileged and confidential. The parents or guardian, the responsible person appointed by the court, and any person properly authorized in writing by the resident, if the resident is capable of giving informed consent, or by the resident's parents or guardian or the responsible person must be permitted access to the resident's records. Information may not be released from the records of a resident or former resident of the residential facility unless the release of the information has been properly authorized in writing by:

(a) the court;

(b) the resident or former resident if the resident or former resident is over the age of majority and is capable of giving informed consent;

(c) the parents or guardian in charge of a resident under the age of 12;

(d) the parents or guardian in charge of a resident over the age of 12 but under the age of majority and the resident if the resident is capable of giving informed consent;

(e) the guardian of a resident over the age of majority who is incapable of giving informed consent; or

(f) a residential facility, through an individual designated by the department of public health and human services by rule, when the facility is the custodian of a resident:

(i) over the age of majority who is incapable of giving informed consent and for whom no legal guardian has been appointed;

(ii) under the age of majority for whom there is no parent or legal guardian; or

(iii) of the facility whenever release is required by federal or state law or department rules.

(2) Information may not be released by a residential facility under subsection (1)(f) less than 15 days after sending notice of the proposed release of information to the resident, the resident's parents or guardian, the attorney who most recently represented the resident, if any, the responsible person appointed by the court, if any, the resident's advocate, if any, and the court that ordered the admission. If any of the parties notified under this subsection objects to the release of information, the party may petition the court for a hearing to determine whether the release of information should be allowed. Information may not be released pursuant to subsection (1)(f) unless it is released to further a legitimate need of the resident or to accomplish a legitimate purpose of the facility that is not inconsistent with the needs and rights of the resident. Information may not be released pursuant to subsection (1)(f) except in accordance with written policies consistent with the requirements of this part adopted by the facility. Persons receiving notice of a proposed release of information must also receive a copy of the written policy of the facility governing release of information.

(3) These records must include:

(a) identification data, including the resident's legal status;

(b) the resident's history, including but not limited to:

(i) family data, educational background, and employment record; and

(ii) prior medical history, both physical and mental, including prior institutionalization;

(c) the resident's grievances, if any;

(d) an inventory of the resident's life skills, including mode of communication;

(e) a record of each physical examination that describes the results of the examination;

(f) a copy of the individual habilitation plan and any modifications to the plan and an appropriate summary to guide and assist the resident care workers in implementing the resident's habilitation plan;

(g) the findings made in monthly reviews of the habilitation plan, including an analysis of the successes and failures of the habilitation program and whatever modifications are necessary;

(h) a copy of the postinstitutionalization plan that includes a statement of services needed in the community and any modifications to the postinstitutionalization plan and a summary of the steps that have been taken to implement that plan;

(i) a medication history and status;

(j) a summary of each significant contact by a qualified intellectual disability professional with a resident;

(k) a summary of the resident's response to the resident's habilitation plan, prepared by a qualified intellectual disability professional involved in the resident's habilitation and recorded at least monthly. Wherever possible, the response must be scientifically documented.

(l) a monthly summary of the extent and nature of the resident's work activities and the effect of the activity on the resident's progress in the habilitation plan;

(m) a signed order by a qualified intellectual disability professional or physician for any physical restraints;

(n) a description of any extraordinary incident or accident in the facility involving the resident, to be entered by a staff member noting personal knowledge of the incident or accident or other source of information, including any reports of investigations of the resident's mistreatment;

(o) a summary of family visits and contacts;

(p) a summary of attendance and leaves from the facility; and

(q) a record of any seizures; illnesses; injuries; treatments of seizures, illnesses, and injuries; and immunizations.
Mont. Code Ann. § 53-6-139 — MT Code / Title 53 / Chapter 6 / Part 1 / Section 53-6-139
53-6-139 Terminated
Status: in_force

53-6-139 . Terminated. Sec. 9, Ch. 616, L. 1989.
Mont. Code Ann. § 53-2-203 — MT Code / Title 53 / Chapter 2 / Part 2 / Section 53-2-203
53-2-203 Department to supervise public assistance personnel
Status: in_force

53-2-203 . Department to supervise public assistance personnel. The department shall supervise the appointment, dismissal, and entire status of the public assistance personnel attached to local offices of public assistance.
Mont. Code Ann. § 53-20-216 — MT Code / Title 53 / Chapter 20 / Part 2 / Section 53-20-216
53-20-216 Crisis response services -- department and provider responsibilities
Status: in_force

53-20-216 . Crisis response services -- department and provider responsibilities. (1) (a) The department shall establish crisis response services to help individuals with developmental disabilities minimize or avoid instances of crisis. The services must assist providers and families in preventing, deescalating, and intervening in instances in which individuals with developmental disabilities are likely to go into crisis.

(b) For the purposes of this section, "crisis" means an instance in which an individual is upset, afraid, confused, or otherwise experiencing emotional or physical disequilibrium, which negatively affects the individual's actions and places the individual at risk of incarceration, hospitalization, civil commitment, or loss of the individual's placement in community services.

(2) The crisis response services must consist of three different levels of prevention, intervention, and crisis support services:

(a) a preventive level of response that involves training providers and families in identifying and preventing crisis and in responding to a crisis in its initial stages before the crisis escalates to require a higher level of intervention;

(b) an intermediate level of response that involves providing direct professional staff support to an individual in the individual's current community placement when the individual is in or is approaching crisis; and

(c) an advanced level of response that involves qualified providers providing support services to an individual approaching or in crisis outside of the individual's current community placement. A provider offering crisis support services at this level must receive an enhanced reimbursement rate that reflects the higher level of support being provided to the individual in crisis.

(3) (a) To access crisis response services, providers shall:

(i) contact the department for assistance when an individual with developmental disabilities is in or is approaching crisis; and

(ii) implement the suggestions made for crisis response.

(b) If the individual needs the highest level of response, the department shall find an appropriate placement for the individual if the provider is unable to offer the level of response needed to mitigate the crisis and maintain the individual in the current placement.

(4) (a) A person offering training in crisis response or providing direct crisis response services must:

(i) be licensed in the practice of applied behavior analysis pursuant to Title 37, chapter 17; and

(ii) meet other requirements established by the department by rule.

(b) If a team of individuals is offering training under this section, at least one member of the team must meet the licensure requirements of Title 37, chapter 17.

(5) The department may not provide the training or direct services described under this section and shall contract with one or more private entities for the services.

(6) In developing and carrying out crisis response services, the department shall consult with and include other entities that respond to crisis situations involving individuals with developmental disabilities, including but not limited to law enforcement agencies, hospitals, and mental health providers.
Mont. Code Ann. § 53-4-1003 — MT Code / Title 53 / Chapter 4 / Part 10 / Section 53-4-1003
53-4-1003 Establishment and administration of program
Status: in_force

53-4-1003 . (Temporary) Establishment and administration of program. The department of public health and human services may establish, administer, and monitor a program to provide health care to uninsured children. The department may not use money appropriated for this program to expand eligibility criteria for the Montana medicaid program. (Terminates on occurrence of contingency--sec. 15, Ch. 571, L. 1999.)
Mont. Code Ann. § 53-21-1405 — MT Code / Title 53 / Chapter 21 / Part 14 / Section 53-21-1405
53-21-1405 Rulemaking authority
Status: in_force

53-21-1405 . Rulemaking authority. The department may adopt rules establishing:

(1) limits on the scope and duration of crisis stabilization services, except for reimbursement for two psychiatric diagnostic interviews during the presumptive eligibility period;

(2) requirements for participating providers and their enrollment in the program;

(3) the scope of services that may be reimbursed because they involve coordination or management of care;

(4) the elements of the required plan for crisis stabilization;

(5) procedures for submitting claims for reimbursement for services provided during the presumptive eligibility period;

(6) procedures for the department's review and audit of claims and for recovery of overpayments;

(7) recordkeeping and confidentiality requirements; and

(8) any other requirements needed to carry out the purpose of this part.
Mont. Code Ann. § 53-20-128 — MT Code / Title 53 / Chapter 20 / Part 1 / Section 53-20-128
53-20-128 Recommitment -- extension of community treatment plan
Status: in_force

53-20-128 . Recommitment -- extension of community treatment plan. (1) The qualified intellectual disability professional responsible for a resident's habilitation or the case manager responsible for habilitation of a person under a community treatment plan may request that the county attorney file a petition for recommitment or extension of the order imposing the community treatment plan.

(2) A petition for recommitment or extension must be filed with the district court before the end of the current period of commitment or the expiration of the order imposing the current community treatment plan.

(3) A petition for recommitment or extension of a community treatment plan must be accompanied by a written report containing the recommendation of the qualified intellectual disability professional or case manager and a summary of the current habilitation plan or community treatment plan for the respondent.

(4) The petition must be reviewed in accordance with 53-20-133 by the residential facility screening team.

(5) Copies of the petition for recommitment and the report of the qualified intellectual disability professional or case manager must be sent to:

(a) the court that issued the current order;

(b) the residential facility screening team;

(c) the resident;

(d) the resident's parents or guardian or next of kin, if any;

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

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

(g) the resident's advocate, if any.

(6) The provisions of 53-20-125 apply to a petition for recommitment or extension of an order imposing a community treatment plan.

(7) If either the court or the residential facility screening team finds that the respondent has been placed voluntarily in community-based services or that the need for developmental disabilities services no longer exists, the court shall dismiss the petition.

(8) The court may not order recommitment to a residential facility that does not have an individualized habilitation plan for the resident.

(9) The court may not extend an order imposing a community treatment plan unless the residential facility screening team certifies that all services in the proposed plan meet the conditions set forth in 53-20-133 (4)(c) and (4)(d).
Mont. Code Ann. § 53-19-309 — MT Code / Title 53 / Chapter 19 / Part 3 / Section 53-19-309
53-19-309 Gifts and grants
Status: in_force

53-19-309 . Gifts and grants. The committee may accept contributions, gifts, and grants, in money or otherwise, to the program established in 53-19-306 . Monetary contributions, gifts, and grants must be deposited in the account provided for in 53-19-310 .
Mont. Code Ann. § 53-30-605 — MT Code / Title 53 / Chapter 30 / Part 6 / Section 53-30-605
53-30-605 Requirements of request for proposals
Status: in_force

53-30-605 . Requirements of request for proposals. (1) Prior to contracting for services with a private correctional facility, the department shall publish a request for proposals. The request for proposals must include a description of the long-range correctional needs, objectives, and goals of the department and the state.

(2) The request for proposals must include and identify the services requested and required and other information, including but not limited to:

(a) the physical plant, facility, and perimeter, including:

(i) the facility capacity and inmate population, including classification levels accepted;

(ii) inmate housing; and

(iii) security, safety, and emergency procedures;

(b) who is responsible for transportation of inmates:

(i) among facilities;

(ii) upon an inmate's release, including discharge or parole;

(iii) for court and administrative proceedings such as parole hearings and inmate participation as a witness;

(iv) for medical transportation; and

(v) for security;

(c) administration of the facility, including but not limited to:

(i) the organizational structure and staffing; and

(ii) a policy and procedures manual addressing:

(A) inmate discipline;

(B) incident reporting;

(C) grievance procedures;

(D) searches;

(E) drug testing;

(F) monitoring of facility standards; and

(G) the retention and maintenance of inmate and facility records by the private correctional facility;

(d) staffing issues regarding:

(i) management;

(ii) security;

(iii) administrative personnel;

(iv) qualifications and requirements;

(v) training; and

(vi) staff-to-inmate ratios;

(e) inmate needs such as food, clothing, sanitation, hygiene, and laundry;

(f) programs and services to be required such as vocational and educational training, religious services or customs, counseling, recreation, and canteen;

(g) medical, dental, optical, pharmaceutical, psychological, and other medical-related care;

(h) insurance requirements;

(i) indemnification;

(j) a performance bond that is sufficient to protect the state from damages upon default or nonperformance and that may not exceed the biennial amount of the compensation to be paid to the contractor;

(k) a requirement that proposers provide evidence or documentation demonstrating an ability to provide the services, to comply with acceptable services, and to comply with the rules, regulations, and contract requirements;

(l) a requirement that proposers provide documentation of financial stability or security; and

(m) monitoring of facility operations.

(3) The department may release separate requests for proposals or contracts for specific services such as transportation of inmates and medical, dental, vision, and sick call services. Each contract must include a detailed explanation of the services that must be provided.

(4) The department shall maintain a list of qualified applicants and all proposal responses. The department shall retain all records related to the evaluation process and the awarding of a contract.