reglab/housing_qa huggingface dataset:
MT Code § 53-6-186 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 1. Medical Assistance -- Medicaid|53-6-186. Action by department or other person to preserve property subject to lien -- recovery of costs

  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.   History: En. Sec. 23, Ch. 492, L. 1995.
MT Code § 53-6-187 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 1. Medical Assistance -- Medicaid|53-6-187. Time for filing of application

  53-6-187. Time for filing of application. Except as provided in 53-6-181, the department may not file an application for issuance of a writ of execution to recover upon a lien imposed under 53-6-171 through 53-6-188 more than 3 years after the latest of:   (1) a sale, transfer, or exchange of any right, title, or interest of the recipient in the property;   (2) the death of the recipient; or   (3) the death of the recipient's surviving spouse.   History: En. Sec. 24, Ch. 492, L. 1995.
MT Code § 53-6-188 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 1. Medical Assistance -- Medicaid|53-6-188. Coordination of lien with other medical assistance recoveries

  53-6-188. Coordination of lien with other medical assistance recoveries. The existence of a valid lien imposed under 53-6-171 through 53-6-188 or the fact that a lien under 53-6-171 through 53-6-188 is invalid for any reason or is unenforceable under 53-6-180 does not preclude the department from recovering under 53-6-167, 53-6-168, or 53-6-169.   History: En. Sec. 25, Ch. 492, L. 1995.
MT Code § 53-6-189 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 1. Medical Assistance -- Medicaid|53-6-189. Rulemaking authority

  53-6-189. Rulemaking authority. The department may adopt rules to implement 53-6-143, 53-6-144, 53-6-165 through 53-6-169, and 53-6-171 through 53-6-188. The rules must comply with applicable federal law in 42 U.S.C. 1396, et seq., as may be amended, and applicable implementing regulations and policies.   History: En. Sec. 26, Ch. 492, L. 1995.
MT Code § 53-6-190 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 1. Medical Assistance -- Medicaid|53-6-190. Receipt of transferred assets for less than fair market value -- fine

  53-6-190. Receipt of transferred assets for less than fair market value -- fine. (1) A person who receives an asset for less than fair market value from an applicant for or recipient of medical assistance for certain services under this part is subject to a civil fine payable to the department if the department initiates a judicial proceeding and shows by a preponderance of the evidence that:   (a) the asset was transferred to qualify the applicant or recipient for medical assistance for long-term care or home and community-based services;   (b) the transfer resulted in the imposition of a period of ineligibility for medical assistance under 53-6-166;   (c) the department advised the person who received the asset that the transfer would result in a period of ineligibility and the person refused to return the asset to the applicant or recipient; and   (d) the department provided medical assistance to the applicant or recipient during the period of ineligibility because the applicant or recipient received an undue hardship exception under 53-6-166.   (2) A court may impose a civil fine of 100% to 150% of the amount that the department paid for medical assistance for the applicant or recipient during the period of ineligibility that is attributable to the amount transferred to the person receiving the asset, plus the department's court costs and attorney fees.   (3) The department may petition a court to set aside a transfer that meets the requirements in subsection (1) and to require the return of the transferred asset to the applicant or recipient. Action under this subsection must be undertaken using available resources.   (4) All money collected under this section must be distributed to the state general fund and to the United States as required by applicable state and federal laws and regulations.   History: En. Sec. 1, Ch. 362, L. 2013.
MT Code § 53-6-191 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 1. Medical Assistance -- Medicaid|53-6-191. through 53-6-194 reserved

  53-6-191 through 53-6-194 reserved.
MT Code § 53-6-195 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 1. Medical Assistance -- Medicaid|53-6-195. Medicaid program for workers with disabilities -- purpose -- eligibility -- participant costs

  53-6-195. Medicaid program for workers with disabilities -- purpose -- eligibility -- participant costs. (1) If appropriations specific for this purpose are provided by the legislature and federal approval of the necessary amendments to the state medicaid plan is secured, the department shall administer a medicaid program that allows individuals with disabilities to participate in the medicaid program if they obtain employment that increases their incomes above eligibility limits. Participants in the program may be required to pay a portion of the costs for participation. The purpose of the program is to support employment for individuals with disabilities by providing medicaid coverage to individuals who would otherwise be ineligible for medicaid due to earnings that exceed the medicaid program's income limits.   (2) The medicaid program provided for under this section must be implemented in accordance with the provisions of 42 U.S.C 1396a(a)(10)(A)(ii)(XIII) and (r)(2).   (3) An employed individual is eligible for the program if the individual:   (a) has a net family income that is less than 250% of the federal poverty level;   (b) would be categorically eligible for medicaid because the individual is disabled as defined under Title XVI of the Social Security Act, 42 U.S.C. 1382c, except that the person has or has had earnings above the level for substantial gainful activity;   (c) has income and resources equal to or below the income and resource limits established by the department by rule, which may be less stringent than the income and resource limits for supplemental security income benefits; and   (d) satisfies all other eligibility criteria established by the department by rule.   (4) The department may establish:   (a) requirements for the employment status of participants, the verification of employment status, and permissible temporary breaks in employment;   (b) requirements, limitations, and definitions pertaining to the income and resources of participants;   (c) only to the extent allowed under 42 U.S.C. 1396o, requirements for payment of premiums, deductions, and cost sharing as a condition for participating in the program.   (5) The department shall, to the extent allowed by appropriations levels and under applicable state and federal law, coordinate the medicaid program provided for under this section with other state and federal programs and resources that promote opportunities for persons with disabilities to retain, regain, and maintain employment.   History: En. Sec. 1, Ch. 452, L. 2009.
MT Code § 53-6-196 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 1. Medical Assistance -- Medicaid|53-6-196. Performance-based rulemaking -- privacy exemption

  53-6-196. Performance-based rulemaking -- privacy exemption. (1) Except for rules implementing rate increases or implementing federal law or regulation, the notice of a proposed rule concerning the delivery of medicaid services by the department must include, in addition to the other requirements under this chapter:   (a) a determination of whether the principal reasons and rationale for the rule can be assessed by performance-based measures and, if such an assessment can be made, the method the department will use to measure whether or not the principal reasons and the rationale for the intended action of the rule, as provided by 2-4-305(6)(b), are successfully achieved, including any data collection methods or metrics if applicable; and   (b) the period over which the intended outcomes will be measured, including any measurement intervals, if applicable.   (2) (a) No later than 1 year after the effective date of the rule subject to subsection (1), the department shall prepare a concise statement of findings evaluating whether, using the data collection or metric identified in the rule proposal, the data collected after the rule's effective date indicated that the rule successfully achieved its intended outcomes. The department shall post the statement of findings on its website.   (b) The department is not under an obligation to report on any other variables that may have impacted the results of the data collection methods or metrics.   (3) The department is exempted from the reporting requirements of subsection (2)(a) to the extent that the requirements would require the publication of confidential information.   (4) The department may only use existing resources to fulfill the mandates of this section.   History: En. Sec. 1, Ch. 453, L. 2015.
MT Code § 53-6-201 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 2. Renal Disease Treatment Program (Renumbered)|53-6-201. Renumbered 50-44-101

  53-6-201. Renumbered 50-44-101. Code Commissioner, 1991.
MT Code § 53-6-202 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 2. Renal Disease Treatment Program (Renumbered)|53-6-202. Renumbered 50-44-102

  53-6-202. Renumbered 50-44-102. Code Commissioner, 1991.
MT Code § 53-6-301 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 3. Montana State Hospital (Renumbered and Repealed)|53-6-301. Renumbered 53-21-601

  53-6-301. Renumbered 53-21-601. Code Commissioner, 1991.
MT Code § 53-6-302 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 3. Montana State Hospital (Renumbered and Repealed)|53-6-302. Repealed

  53-6-302. Repealed. Sec. 1, Ch. 80, L. 1987.   History: En. Sec. 18, Ch. 199, L. 1965; amd. Sec. 6, Ch. 320, L. 1967; R.C.M. 1947, 80-1702; amd. Sec. 1, Ch. 285, L. 1981; amd. Sec. 14, Ch. 361, L. 1983.
MT Code § 53-6-303 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 3. Montana State Hospital (Renumbered and Repealed)|53-6-303. Renumbered 53-21-602

  53-6-303. Renumbered 53-21-602. Code Commissioner, 1991.
MT Code § 53-6-304 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 3. Montana State Hospital (Renumbered and Repealed)|53-6-304. Renumbered 53-21-603

  53-6-304. Renumbered 53-21-603. Code Commissioner, 1991.
MT Code § 53-6-401 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 4. Home and Community-Based Long-Term Care Medicaid Services|53-6-401. Definitions

  53-6-401. Definitions. As used in this part, the following definitions apply:   (1) "Department" means the department of public health and human services provided for in 2-15-2201.   (2) "Home and community-based services" means, as provided for in section 1915 of Title XIX of the Social Security Act, 42 U.S.C. 1396n(c), and any regulations implementing that statute, long-term medical, habilitative, rehabilitative, and other services provided in personal residences or in community settings and funded by the department with medicaid money.   (3) "Level-of-care determination" means an assessment of a person and the resulting determination establishing whether long-term care facility services to be provided to the person are appropriate to meet the health care and related circumstances and needs of the person.   (4) "Long-term care facility" means a facility that is certified by the department, as provided in 53-6-106, to provide skilled or intermediate nursing care services, including intermediate nursing care services for persons with developmental disabilities or, for the purposes of implementation of medicaid-funded programs of home and community-based services, that is recognized by the U.S. department of health and human services to be an institutional setting from which persons may be diverted through the receipt of home and community-based services.   (5) "Long-term care preadmission screening" means, in accordance with section 1919 of Title XIX of the Social Security Act, 42 U.S.C. 1396r, a process conducted according to a specific set of criteria for determining whether a person with intellectual disability or mental illness may be admitted to a long-term care facility.   (6) "Persons with disabilities or persons who are elderly" means, for purposes of establishing home and community-based services, those categories of persons who are elderly and disabled as defined in accordance with section 1915 of Title XIX of the Social Security Act, 42 U.S.C. 1396n.   History: En. Sec. 1, Ch. 516, L. 1983; amd. Sec. 6, Ch. 711, L. 1989; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 162, Ch. 418, L. 1995; amd. Sec. 458, Ch. 546, L. 1995; amd. Sec. 1, Ch. 72, L. 2005; amd. Sec. 2, Ch. 353, L. 2005; amd. Sec. 8, Ch. 68, L. 2013.
MT Code § 53-6-403 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 4. Home and Community-Based Long-Term Care Medicaid Services|53-6-403. Home and community-based services waivers -- legislative findings and intent

  53-6-403. Home and community-based services waivers -- legislative findings and intent. (1) The legislature finds that home and community-based services allow individuals who would otherwise need an institutional level of care to remain in their homes and to better integrate into their communities.  (2) The legislature further finds that home and community-based services offer a lower-cost alternative to institutional care.   (3) The legislature further finds that waiver participants often need multiple services that individually may not prevent institutionalization but when provided as a package allow a person to remain in a home or community setting.   (4) It is the intent of the legislature that in evaluating the services proposed for waiver participants, the department shall:   (a) review whether the services and equipment recommended by medical professionals will collectively, not individually, prevent an individual from requiring an institutional level of care; and   (b) approve each waiver service or item of medical equipment that will contribute to allowing a person to remain in a home or community setting even if the service or item on its own would not prevent an institutional level of care.   History: En. Sec. 1, Ch. 84, L. 2021.
MT Code § 53-6-404 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 4. Home and Community-Based Long-Term Care Medicaid Services|53-6-404. Use of waiver funding

  53-6-404. Use of waiver funding. (1) The department shall use money appropriated for home and community-based services waiver slots for the purpose of:  (a) creating waiver slots as authorized by the legislature; or   (b) addressing workforce shortages or other barriers to creating the number of waiver slots authorized by the legislature.   (2) Unencumbered funds appropriated for home and community-based services waiver slots for use by a particular division may not be transferred to another department division or program. The money must be used for the program for which it was appropriated or be reverted to the fund from which it was appropriated.   (3) The department shall report annually to the legislative finance committee in accordance with 5-11-210 on the status of appropriations for home and community-based services waiver slots.   History: En. Sec. 1, Ch. 176, L. 2021.
MT Code § 53-6-405 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 4. Home and Community-Based Long-Term Care Medicaid Services|53-6-405. Fraud prevention education -- department responsibilities

  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.   History: En. Sec. 1, Ch. 324, L. 2015.
MT Code § 53-6-406 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 6. Health Care Services|Part 4. Home and Community-Based Long-Term Care Medicaid Services|53-6-406. Fiscal accountability for home and community-based services

  53-6-406. Fiscal accountability for home and community-based services. (1) (a) A provider of personal assistance or attendant services or supports shall submit cost information to the department each year if the personal assistance or attendant services or supports are funded:   (i) as a state plan service;   (ii) through a medicaid state plan option available to the state under 42 U.S.C. 1396n(k); or   (iii) under a 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.   (b) The information provided to the department must reflect costs incurred during the provider's most recent fiscal year.   (2) The department shall develop a standardized format for the information that includes the recognized expenditures incurred by providers.   (3) The department shall analyze cost information submitted by providers to determine at a minimum:   (a) the reasonable cost of providing the home and community-based services detailed in the report;   (b) the percentage of a provider's cost represented by payment of wages and benefits for direct-care employees; and   (c) the level of profit or loss that each provider incurred in delivering the service. The profit or loss must be determined by comparing the recognized cost of providing the service with the medicaid reimbursement provided for the same service.   (4) The department may adopt rules requiring other providers of medicaid home and community-based services that are provided in a person's home to submit the cost information required under this section.   History: En. Sec. 2, Ch. 324, L. 2015.