reglab/housing_qa huggingface dataset:
MT Code § 53-1-408 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 1. General Administration of Institutions|Part 4. Per Diem Payments for Institutional Care|53-1-408. Periodic review by department of ability to pay

  53-1-408. Periodic review by department of ability to pay. (1) The department shall review at least annually each determination of ability to pay, and if there has been a significant change in a resident's or financially responsible person's ability to pay, the department shall make a new determination.   (2) In addition to the annual review required by subsection (1), the department shall review a determination of ability to pay upon the request of a resident or financially responsible person if the person provides the department with documentation of a changed circumstance that would substantially affect the amount determined under 53-1-405.   (3) A new determination of ability to pay may not be applied retroactively unless:   (a) the new determination results in a monthly payment amount that is less than the previous monthly payment amount; or   (b) the resident or financially responsible person has misrepresented or failed to provide any financial information or documentation that the person was obligated to provide under 53-1-406 and unless the resident or financially responsible person would have been required to pay a higher monthly amount based upon consideration of the complete and correct information and documentation.   (4) The department may adopt rules to implement the provisions of this section, including but not limited to rules for credit or refund of any overpayment resulting from an assessment retroactively reduced because of a new determination of ability to pay.   History: En. Sec. 15, Ch. 199, L. 1965; amd. Sec. 1, Ch. 240, L. 1969; amd. Sec. 53, Ch. 120, L. 1974; amd. Sec. 2, Ch. 336, L. 1974; amd. Sec. 46, Ch. 37, L. 1977; amd. Sec. 3, Ch. 450, L. 1977; R.C.M. 1947, 80-1603(5); amd. Sec. 8, Ch. 190, L. 1997.
MT Code § 53-1-409 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 1. General Administration of Institutions|Part 4. Per Diem Payments for Institutional Care|53-1-409. Limitations on liability of resident or financially responsible person for cost of care

  53-1-409. Limitations on liability of resident or financially responsible person for cost of care. (1) The resident or financially responsible person is liable only for the cost of care that the department has determined that the person is able to pay and for which the department has billed the resident or financially responsible person. If the amount payable is retroactively reduced because of a new determination of ability to pay, the resident or financially responsible person shall pay only the reduced amount for the period of time covered by the retroactive reduction.   (2) The natural or adoptive parents of a long-term resident may not be required to pay for the resident's cost of care in an amount exceeding the cost of caring for a normal child at home as determined and updated annually by the department based upon the annual cost of raising a child, as estimated by the United States department of agriculture.   (3) The natural or adoptive parents of a long-term resident may not be required to pay for the resident's cost of care for periods after the resident attains 18 years of age.   (4) This section may not be construed to reduce the liability of a third party for a resident's full cost of care as provided in this part.   History: (1), (4)En. Sec. 15, Ch. 199, L. 1965; amd. Sec. 1, Ch. 240, L. 1969; amd. Sec. 53, Ch. 120, L. 1974; amd. Sec. 2, Ch. 336, L. 1974; amd. Sec. 46, Ch. 37, L. 1977; amd. Sec. 3, Ch. 450, L. 1977; Sec. 80-1603, R.C.M. 1947; (2), (3)En. 80-1605 by Sec. 1, Ch. 324, L. 1974; amd. Sec. 5, Ch. 450, L. 1977; Sec. 80-1605, R.C.M. 1947; R.C.M. 1947, 80-1603(6), (7), 80-1605; amd. Sec. 27, Ch. 361, L. 1983; amd. Sec. 4, Ch. 594, L. 1983; amd. Sec. 2, Ch. 35, L. 1995; amd. Sec. 9, Ch. 190, L. 1997; amd. Sec. 1, Ch. 383, L. 2005.
MT Code § 53-1-410 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 1. General Administration of Institutions|Part 4. Per Diem Payments for Institutional Care|53-1-410. Nonpayment not grounds for discharge

  53-1-410. Nonpayment not grounds for discharge. A resident of an institution listed in 53-1-402 may not be discharged by reason of the nonpayment of the resident's cost of care unless, by certification of a physician consulted by the superintendent of the institution, the discharge is medically advisable.   History: En. Sec. 15, Ch. 199, L. 1965; amd. Sec. 1, Ch. 240, L. 1969; amd. Sec. 53, Ch. 120, L. 1974; amd. Sec. 2, Ch. 336, L. 1974; amd. Sec. 46, Ch. 37, L. 1977; amd. Sec. 3, Ch. 450, L. 1977; R.C.M. 1947, 80-1603(8); amd. Sec. 10, Ch. 190, L. 1997.
MT Code § 53-1-411 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 1. General Administration of Institutions|Part 4. Per Diem Payments for Institutional Care|53-1-411. Collections from residents and financially responsible persons

  53-1-411. Collections from residents and financially responsible persons. (1) If a resident or financially responsible person refuses or fails to pay the amount required under this part, any amount remaining unpaid 30 days after the department mails a written demand for payment may be collected:   (a) by the department in any manner allowed by law for the collection of debts; or   (b) by the department of administration in the manner set forth in Title 17, chapter 4, for the collection of debts owing to the state or by a civil suit brought by the department of administration in the name of the state.   (2) A resident's death or discharge from an institution does not reduce or eliminate the obligation of any person to pay an amount required under this part.   History: En. Sec. 16, Ch. 199, L. 1965; amd. Sec. 4, Ch. 450, L. 1977; R.C.M. 1947, 80-1604(1); amd. Sec. 3, Ch. 35, L. 1995; amd. Sec. 7, Ch. 589, L. 1995; amd. Sec. 11, Ch. 190, L. 1997.
MT Code § 53-1-412 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 1. General Administration of Institutions|Part 4. Per Diem Payments for Institutional Care|53-1-412. Collections from estates

  53-1-412. Collections from estates. (1) The department has a claim against the estate of a resident and against the estate of a financially responsible person for the amounts that the department determined that the resident or financially responsible person was able to pay under 53-1-405, less any amounts actually paid by the resident, a financially responsible person, or a third party.   (2) The fact that a managed care organization contracting with the department to administer a mental health managed care program is or may be liable to pay or has paid an amount to an institution with respect to the resident does not reduce or otherwise affect the estate's obligation to pay for the cost of care as provided in this part.   (3) Except as provided in subsection (4), the department's claim under this section is enforceable against an estate after the death of a resident or financially responsible person. The department's claim is timely if presented within the time specified in the published notice to creditors in the probate proceeding.   (4) The department's claim under subsection (1) may be enforced only to the extent that enforcement does not deprive a surviving spouse or dependent child or parent of the resident or financially responsible person of:   (a) an amount necessary for reasonable living expenses or educational expenses; or   (b) real estate while it is occupied as a home by the surviving spouse or dependent child or parent of the resident or financially responsible person.   History: En. Sec. 16, Ch. 199, L. 1965; amd. Sec. 4, Ch. 450, L. 1977; R.C.M. 1947, 80-1604(2); amd. Sec. 12, Ch. 190, L. 1997.
MT Code § 53-1-413 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 1. General Administration of Institutions|Part 4. Per Diem Payments for Institutional Care|53-1-413. Deposit of payments and collections

  53-1-413. Deposit of payments and collections. (1) Except as provided in 90-7-220, 90-7-221, and this section, the department shall deposit payments and collections of charges for a resident's cost of care in the state treasury to the credit of the general fund.   (2) Payments and collections for services provided to residents of the Montana veterans' homes must be deposited in the special revenue account for the benefit of the homes. Payments and collections for services provided to residents of the Montana chemical dependency treatment center must be deposited in the state special revenue account for the facility.   History: En. Sec. 16, Ch. 199, L. 1965; amd. Sec. 4, Ch. 450, L. 1977; R.C.M. 1947, 80-1604(3); amd. Sec. 48, Ch. 281, L. 1983; amd. Sec. 27, Ch. 361, L. 1983; amd. Sec. 5, Ch. 594, L. 1983; amd. Sec. 4, Ch. 819, L. 1991; amd. Sec. 4, Ch. 35, L. 1995; amd. Sec. 6, Ch. 94, L. 1995; amd. Sec. 4, Ch. 557, L. 1995; amd. Sec. 6, Ch. 590, L. 1995; amd. Sec. 13, Ch. 190, L. 1997; amd. Sec. 4, Ch. 577, L. 1999; amd. Sec. 1, Ch. 57, L. 2003; amd. Sec. 7, Ch. 461, L. 2009.
MT Code § 53-1-414 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 1. General Administration of Institutions|Part 4. Per Diem Payments for Institutional Care|53-1-414. Automatic assignment of resident's resources from third party

  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.   History: En. Sec. 14, Ch. 190, L. 1997.
MT Code § 53-1-501 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 1. General Administration of Institutions|Part 5. Per Diem Payments for Residential Correctional Programs|53-1-501. Rates for residential community correctional program board, room, and services charged by the department of corrections

  53-1-501. Rates for residential community correctional program board, room, and services charged by the department of corrections. (1) The department of corrections shall establish per diem rates for room, board, and services for persons placed in or committed to a community correctional program operated by the department of corrections. The department of corrections may adopt rules allowing it to order part of a person's employment income to be used to pay restitution, fines, and child or spousal support.   (2) The department of corrections shall prescribe rules and procedures for the establishment of rates and charges to residents or participants in any community correctional program that is under contract with the department of corrections and that provides room, board, or services or any combination of room, board, and services to residents of those facilities or to participants in programs. The amount assessed by these programs must be subject to the resident's ability to pay, based on the rates established as the basis for assessed charges, and subject to approval by the department of corrections.   History: En. Sec. 1, Ch. 517, L. 1979; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 1, Ch. 240, L. 1993; amd. Sec. 406, Ch. 546, L. 1995; amd. Sec. 6, Ch. 517, L. 2005.
MT Code § 53-1-502 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 1. General Administration of Institutions|Part 5. Per Diem Payments for Residential Correctional Programs|53-1-502. Rates for board, room, and ancillary services charged to correctional facility inmates

  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.   History: En. Sec. 11, Ch. 579, L. 1993; amd. Sec. 407, Ch. 546, L. 1995.
MT Code § 53-1-601 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 1. General Administration of Institutions|Part 6. Department of Public Health and Human Services|53-1-601. Purpose of department of public health and human services

  53-1-601. Purpose of department of public health and human services. The department of public health and human services shall use to maximum efficiency the resources of state government in a coordinated effort to:   (1) develop and maintain comprehensive services and programs in the fields of:   (a) mental health; and   (b) chemical dependency;   (2) provide, according to the requirements of Title 53, chapter 20, inpatient institutional care for persons with developmental disabilities who require institutional care; and   (3) provide nursing home care for honorably discharged veterans as provided by law.   History: En. Sec. 398, Ch. 546, L. 1995.
MT Code § 53-1-602 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 1. General Administration of Institutions|Part 6. Department of Public Health and Human Services|53-1-602. Department of public health and human services

  53-1-602. Department of public health and human services. (1) The following components are in the department of public health and human services to carry out the purposes of the department:   (a) mental health services, consisting of the following institutional components for care and treatment of the mentally ill pursuant to Title 53, chapter 21:   (i) the Montana state hospital; and   (ii) the Montana mental health nursing care center;   (b) a community services component, consisting of appropriate services for the care and treatment of the mentally ill pursuant to Title 53, chapter 21, part 10;   (c) chemical dependency services, consisting of appropriate detoxification, inpatient, intensive outpatient, outpatient, prevention, education, and other necessary chemical dependency services pursuant to Title 53, chapter 24;   (d) an institutional and residential component of the developmental disabilities system for those persons with developmental disabilities who require institutional or residential care according to Title 53, chapter 20, which component consists of the Montana developmental center; and   (e) the veterans' nursing homes for the nursing home and domiciliary care of honorably discharged veterans as provided by law, consisting of:   (i) the Montana veterans' home;   (ii) the eastern Montana veterans' home at Glendive; and   (iii) the southwestern Montana veterans' home.   (2) A state institution may not be moved, discontinued, or abandoned without the consent of the legislature.   History: En. Sec. 399, Ch. 546, L. 1995; amd. sec. 6, Ch. 94, L. 1995; amd. sec. 21, Ch. 255, L. 1995; amd. Sec. 2, Ch. 575, L. 2003; amd. Sec. 11, Ch. 602, L. 2003; amd. Sec. 8, Ch. 461, L. 2009.
MT Code § 53-1-603 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 1. General Administration of Institutions|Part 6. Department of Public Health and Human Services|53-1-603. Powers and duties of department of public health and human services

  53-1-603. Powers and duties of department of public health and human services. The department of public health and human services shall:   (1) adopt rules for the admission, custody, transfer, and release of persons in department programs except as otherwise provided by law. However, rules adopted by the department may not amend or alter the statutory powers and duties of the board of pardons and parole.   (2) subject to the functions of the department of administration, lease or purchase lands for use by institutions and classify those lands to determine those that may be most profitably used for agricultural purposes, taking into consideration the needs of all institutions for the food products that can be grown or produced on the lands and the relative value of agricultural programs in the treatment or rehabilitation of the persons confined in the institutions;   (3) use the staff and services of other state agencies and units of the Montana university system, within their respective statutory functions, to carry out its functions under this title;   (4) propose programs to the legislature to meet the projected long-range needs of institutions, including programs and facilities for the diagnosis, treatment, care, and aftercare of persons placed in institutions; and   (5) encourage the establishment of programs at the local level for the prevention and rehabilitation of disabilities as they relate to mental illness and chemical dependency.   History: En. Sec. 400, Ch. 546, L. 1995.
MT Code § 53-1-604 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 1. General Administration of Institutions|Part 6. Department of Public Health and Human Services|53-1-604. Responsibility of superintendents of institutions

  53-1-604. Responsibility of superintendents of institutions. The superintendents of institutions in the department of public health and human services are responsible for the immediate management and control of their respective institutions, subject to the general policies and programs established by the department.   History: En. Sec. 401, Ch. 546, L. 1995.
MT Code § 53-1-605 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 1. General Administration of Institutions|Part 6. Department of Public Health and Human Services|53-1-605. through 53-1-609 reserved

  53-1-605 through 53-1-609 reserved.
MT Code § 53-1-610 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 1. General Administration of Institutions|Part 6. Department of Public Health and Human Services|53-1-610. Refinancing by department

  53-1-610. Refinancing by department. The department of public health and human services shall seek federal funds to offset general fund expenditures to the maximum extent possible. The cost of administration and any supporting contract efforts to claim federal funds above historic levels must be funded from anticipated and realized savings from refinancing work in the department of public health and human services. To the extent that the department of public health and human services is involved in refinancing work in other departments, the department of public health and human services shall receive a share of savings generated in those departments through work conducted by the department of public health and human services, in an amount at least equal to the cost of conducting the work.   History: En. Sec. 1, Ch. 576, L. 2003.
MT Code § 53-1-611 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 1. General Administration of Institutions|Part 6. Department of Public Health and Human Services|53-1-611. Evaluation of proposed medicaid block grant and acceptance of grant

  53-1-611. Evaluation of proposed medicaid block grant and acceptance of grant. (1) As part of its refinancing duties, the department of public health and human services shall evaluate the proposed medicaid block grant and report its findings with respect to the criteria in subsection (2) to the legislative finance committee at each regular meeting of the committee. At the end of the interim, the department shall provide a copy of or a link to the last report provided to the finance committee to the legislature in accordance with 5-11-210.  (2) The department shall use the following criteria in its evaluation of the proposed medicaid block grant compared to other medicaid funding alternatives from which the state may choose:   (a) total cost to the state over the life of the block grant and during each year of the block grant compared to the state cost of maintaining medicaid eligibility and service levels funded by the legislature during the current biennium;   (b) types of flexibility;   (c) advantages and disadvantages; and   (d) policy choices that may occur.   (3) (a) The legislative finance committee shall review and analyze the department's findings and make a recommendation to the governor and to the department with regard to acceptance or rejection of the block grant if the state is required to make a decision as to whether to accept or reject the block grant prior to the next regular convening of the legislature.   (b) The governor shall consider the recommendation of the legislative finance committee and provide a written rationale to the committee if the recommendation of the committee is not followed.   History: En. Sec. 2, Ch. 576, L. 2003; amd. Sec. 86, Ch. 261, L. 2021.
MT Code § 53-1-612 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 1. General Administration of Institutions|Part 6. Department of Public Health and Human Services|53-1-612. Use of funding obtained by refinancing

  53-1-612. Use of funding obtained by refinancing. (1) It is the intent of the legislature that general fund savings generated through the refinancing work described in 53-1-610 be applied in the following priority:   (a) the savings must be applied to fund the refinancing activities;   (b) the department of public health and human services may retain funds to maintain existing services; and   (c) the department of public health and human services may use funds to reinstate services that have been cut during the 2003 biennium.   (2) Additional funds generated through refinancing savings, beyond those used pursuant to subsection (1), revert to the general fund. Prior to reinstating services pursuant to subsection (1)(c), the department shall receive approval from the office of budget and program planning of its service reinstatement plan.   (3) The provisions of 17-2-108 that require the expenditure of nongeneral fund money prior to the expenditure of general fund money do not apply to the expenditure of revenue made available to the department because of the refinancing efforts required by 53-1-610.   History: En. Sec. 3, Ch. 576, L. 2003.