reglab/housing_qa huggingface dataset:
MT Code § 53-20-208 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 2. Community-Based Services|53-20-208. Contributions of counties and municipalities

  53-20-208. Contributions of counties and municipalities. (1) The boards of county commissioners of the several counties and the governing bodies of municipalities of this state may contribute to any developmental disabilities facility approved by the department, without regard to whether the facility is within or outside of their respective jurisdictions. Subject to 15-10-420, the boards of county commissioners of the counties may levy a tax on the taxable value of all taxable property within the county. The tax is in addition to all other county tax levies. All proceeds of the tax, if levied, must be used for the sole purpose of support of developmental disabilities services.   (2) For the purpose of carrying out the provisions of this section, boards of county commissioners and governing bodies of municipalities may appropriate out of the general fund of their respective counties or municipalities.   History: En. 80-2619 by Sec. 9, Ch. 325, L. 1974; Sec. 80-2619, R.C.M. 1947; amd. and redes. 71-2408 by Sec. 7, Ch. 239, L. 1975; R.C.M. 1947, 71-2408; amd. Sec. 131, Ch. 584, L. 1999; amd. Sec. 159, Ch. 574, L. 2001.
MT Code § 53-20-209 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 2. Community-Based Services|53-20-209. Eligibility for services

  53-20-209. Eligibility for services. (1) A person suspected of having a developmental disability is eligible for an evaluation to determine whether the person is a person with developmental disabilities.   (2) If the department determines through a screening process that a person with developmental disabilities is in need of available services and those services can be provided to the person, the department may provide services available under Title 53, chapter 20, part 3, and this part.   History: En. 80-2621 by Sec. 11, Ch. 325, L. 1974; Sec. 80-2621, R.C.M. 1947; redes. 71-2409 by Sec. 10, Ch. 239, L. 1975; R.C.M. 1947, 71-2409; amd. Sec. 1, Ch. 245, L. 1985; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 1910, Ch. 56, L. 2009.
MT Code § 53-20-210 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 2. Community-Based Services|53-20-210. Application to reservation Indians

  53-20-210. Application to reservation Indians. For purposes of this part, Indian people living within federal Indian reservations shall be entitled to all services provided for under this part.   History: En. 80-2622 by Sec. 12, Ch. 325, L. 1974; Sec. 80-2622, R.C.M. 1947; redes. 71-2410 by Sec. 10, Ch. 239, L. 1975; R.C.M. 1947, 71-2410.
MT Code § 53-20-211 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 2. Community-Based Services|53-20-211. No effect on existing facilities

  53-20-211. No effect on existing facilities. Nothing in this part shall be construed to prevent the continuation of existing developmental disabilities facilities or services in the state.   History: En. 80-2623 by Sec. 13, Ch. 325, L. 1974; Sec. 80-2623, R.C.M. 1947; redes. 71-2411 by Sec. 10, Ch. 239, L. 1975; R.C.M. 1947, 71-2411.
MT Code § 53-20-212 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 2. Community-Based Services|53-20-212. Discrimination forbidden

  53-20-212. Discrimination forbidden. The services provided under this part shall be made available without discrimination on the basis of race, color, creed, religion, or ability to pay and shall comply with the provisions of Title VI of the federal Civil Rights Act of 1964.   History: En. 80-2624 by Sec. 14, Ch. 325, L. 1974; Sec. 80-2624, R.C.M. 1947; redes. 71-2412 by Sec. 10, Ch. 239, L. 1975; amd. Sec. 16, Ch. 38, L. 1977; R.C.M. 1947, 71-2412.
MT Code § 53-20-213 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 2. Community-Based Services|53-20-213. Departments to cooperate

  53-20-213. Departments to cooperate. The department of public health and human services and the office of superintendent of public instruction shall cooperate on all aspects of each agency's respective programs for persons with developmental disabilities.   History: En. 71-2414 by Sec. 8, Ch. 239, L. 1975; amd. Sec. 6, Ch. 559, L. 1977; R.C.M. 1947, 71-2414(1); amd. Sec. 94, Ch. 609, L. 1987; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 163, Ch. 418, L. 1995; amd. Sec. 476, Ch. 546, L. 1995.
MT Code § 53-20-214 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 2. Community-Based Services|53-20-214. Certain transfers of funds authorized

  53-20-214. Certain transfers of funds authorized. Funds appropriated to the Montana state hospital or Montana developmental center may be used for comprehensive developmental disability systems if:   (1) residents of any of those institutions are transferred to a comprehensive developmental disability system resulting in less expenditures at that institution than allowed by legislative appropriation; and   (2) a transfer of appropriations between programs is:   (a) made as provided in 17-7-139; and   (b) approved by the governor.   History: En. 71-2414 by Sec. 8, Ch. 239, L. 1975; amd. Sec. 6, Ch. 559, L. 1977; R.C.M. 1947, 71-2414(2); amd. Sec. 17, Ch. 361, L. 1983; amd. Sec. 7, Ch. 151, L. 1985; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 477, Ch. 546, L. 1995; amd. Sec. 15, Ch. 444, L. 2015.
MT Code § 53-20-215 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 2. Community-Based Services|53-20-215. Regulatory streamlining

  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.   History: En. Sec. 1, Ch. 246, L. 2019.
MT Code § 53-20-216 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 2. Community-Based Services|53-20-216. through 53-20-219 reserved

  53-20-216 through 53-20-219 reserved.
MT Code § 53-20-220 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 2. Community-Based Services|53-20-220. Terminated

  53-20-220. Terminated. Sec. 4, Ch. 304, L. 2005.   History: En. Sec. 1, Ch. 304, L. 2005.
MT Code § 53-20-221 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 2. Community-Based Services|53-20-221. Liability training program and materials for respite care

  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.   History: En. Sec. 1, Ch. 281, L. 2009; amd. Sec. 11, Ch. 123, L. 2011.
MT Code § 53-20-222 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 2. Community-Based Services|53-20-222. Respite care and employment responsibilities -- liabilities

  53-20-222. Respite care and employment responsibilities -- liabilities. (1) Contingent upon approval of the program by the federal government for purposes of receiving federal medicaid funds, the department may make payment to an approved, certified, and qualified medicaid provider who passes through the payment on behalf of a family to a person providing respite care for individuals who, because of age or infirmity, are unable to care for themselves as provided under 29 U.S.C. 213. A qualified medicaid provider who passes through payment may not be considered an employer by the department for the purposes of workers' compensation, unemployment insurance, or wage and hour requirements.   (2) The department, through administrative rule, waiver of a state or federal program providing payment for respite care, or a pilot program, may not require a qualified medicaid provider to assume employer responsibilities or liabilities if the family chooses to negotiate the respite care agreement and the qualified provider does not:   (a) control the person who provides respite care; or   (b) direct the respite care provided by the person.   (3) (a) The department may provide an option to families to choose self-directed care.   (b) The department shall continue to provide families the choice of negotiating respite care by using a local qualified medicaid provider to provide pass-through payment and benefiting from the exemptions provided under 39-3-406, 39-51-204, and 39-71-401.   History: En. Sec. 2, Ch. 281, L. 2009; amd. Sec. 12, Ch. 123, L. 2011.
MT Code § 53-20-223 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 2. Community-Based Services|53-20-223. Military dependents -- eligibility and placement determinations

  53-20-223. Military dependents -- eligibility and placement determinations. (1) If a military dependent is eligible for home and community-based developmental disability services while physically present in the state, the department shall reinstate the dependent's eligibility and placement status when the dependent returns to the state if the military service member provides proof acceptable to the department that:   (a) the military service member was on military assignment outside the state, was a legal resident of the state before the military assignment, and maintained residency in the state while on the military assignment;   (b) the military service member and military dependent are physically present in the state and intend to reside permanently in the state while the dependent is receiving services;   (c) the military service member returned to the state within 18 months of separating from military service; and   (d) the military dependent is not eligible for coverage of home and community-based services under another health insurance plan.   (2) (a) Upon the military dependent's return to the state, the department shall reinstate the dependent's eligibility status without a further redetermination of eligibility unless the state's eligibility requirements have changed while the dependent was out of the state.   (b) If the eligibility requirements have changed, the military dependent shall retain eligibility for services until eligibility under the new requirements has been determined.   (3) (a) If the military dependent was on a waiting list for services at the time the dependent left the state due to the military service member's military assignment, the department shall determine the military dependent's place on the waiting list as if the dependent had remained in the state during the time of the military assignment.   (b) If the department finds that the military dependent would be immediately eligible for services upon return to the state, the department shall place the dependent in services as soon as an opening occurs. The department may not remove a person from services in order to place a military dependent in services.   (4) Upon the military dependent's return to the state and when a request for services is made, the department shall notify the dependent of the availability of services and any changes in eligibility requirements. The department shall provide due process through the appeals processes established by the department.   (5) To continue eligibility under this section, the military dependent must inform the department of the dependent's current address and provide updates as requested by the department.   History: En. Sec. 1, Ch. 451, L. 2015.
MT Code § 53-20-224 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 2. Community-Based Services|53-20-224. Legislative findings -- purpose

  53-20-224. Legislative findings -- purpose. (1) The legislature finds that the Montana developmental center has served as a placement of last resort for seriously developmentally disabled individuals, many of whom have co-occurring mental health conditions.   (2) The legislature further finds that as the department has been carrying out the process of closing the Montana developmental center pursuant to Chapter 444, Laws of 2015, family members of Montana developmental center residents, community service providers, and community members have expressed concern that community facilities may not be equipped to provide appropriate care and treatment for some of the residents.   (3) The legislature further finds that family members have expressed concern that their developmentally disabled relatives may not maintain the progress they have made in treatment at the Montana developmental center as they move to new and unfamiliar settings.   (4) It is the intent of the legislature that the department monitor the skills, abilities, and behaviors of Montana developmental center residents while they are in the care and custody of the state and as they transition to the community in order to ensure that the individuals remain safe, maintain or improve their skills and abilities, and find a home that provides the most appropriate services in the least restrictive setting possible.   History: En. Sec. 1, Ch. 265, L. 2017.
MT Code § 53-20-225 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 2. Community-Based Services|53-20-225. Department monitoring of Montana developmental center residents -- report to legislature

  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.   History: En. Sec. 2, Ch. 265, L. 2017; amd. Sec. 92, Ch. 261, L. 2021.
MT Code § 53-20-301 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 3. Community Homes|53-20-301. Purpose

  53-20-301. Purpose. The legislature, in recognition of the wide and varied needs of persons with developmental disabilities and of the desirability of meeting these needs on a community level to the fullest extent possible and in order to reduce the need for care in existing state institutions, establishes by this part a community home program for persons with developmental disabilities to provide facilities and services for the training and treatment of persons with developmental disabilities in family-oriented residences and establishes a program to provide such homes through local nonprofit corporations.   History: En. Sec. 1, Ch. 373, L. 1973; amd. Sec. 1, Ch. 149, L. 1974; amd. Sec. 1, Ch. 385, L. 1975; R.C.M. 1947, 71-2001; amd. Sec. 21, Ch. 255, L. 1995.
MT Code § 53-20-302 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 3. Community Homes|53-20-302. Definition of community home -- limitation on number of residents

  53-20-302. Definition of community home -- limitation on number of residents. A community home for persons with developmental disabilities is a family-oriented residence or home designed to provide facilities for two to eight persons with developmental disabilities, established as an alternative to existing state institutions. The number of persons with developmental disabilities may not exceed eight in a community home, except that the department of public health and human services may grant written approval for more than eight but not more than twelve persons.   History: En. Sec. 2, Ch. 373, L. 1973; R.C.M. 1947, 71-2002; amd. Sec. 11, Ch. 609, L. 1987; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 478, Ch. 546, L. 1995.
MT Code § 53-20-303 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 3. Community Homes|53-20-303. Parties authorized to establish and operate community homes

  53-20-303. Parties authorized to establish and operate community homes. (1) Nonprofit corporations or associations may be formed or organized in any community for the purposes of establishing a community home or homes for persons with developmental disabilities under this part and to receive services, facilities, and funds as the department of public health and human services and other governmental units may be authorized by law to provide.   (2) The department may also establish a community home or homes for persons with developmental disabilities under this part and receive services, facilities, and funds as the department and other governmental units may be authorized by law to provide.   History: En. Sec. 3, Ch. 373, L. 1973; amd. Sec. 2, Ch. 149, L. 1974; R.C.M. 1947, 71-2003; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 479, Ch. 546, L. 1995.
MT Code § 53-20-304 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 3. Community Homes|53-20-304. Department contracts with nonprofit corporations -- governmental units providing for community homes

  53-20-304. Department contracts with nonprofit corporations -- governmental units providing for community homes. (1) The department of public health and human services may contract with nonprofit corporations or associations to provide facilities and services for persons with developmental disabilities in community homes for persons with developmental disabilities and is authorized to expend money appropriated or available for that purpose.   (2) Governmental units, including but not limited to counties, municipalities, school districts, or state institutions of higher learning, are authorized to provide, at their own expense, funds, materials, facilities, and services for community homes for persons with developmental disabilities.   History: En. Sec. 4, Ch. 373, L. 1973; amd. Sec. 3, Ch. 149, L. 1974; amd. Sec. 2, Ch. 385, L. 1975; R.C.M. 1947, 71-2004; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 480, Ch. 546, L. 1995.
MT Code § 53-20-305 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 3. Community Homes|53-20-305. Local control of community homes -- departmental licensing, administration, operation, health and safety standards

  53-20-305. Local control of community homes -- departmental licensing, administration, operation, health and safety standards. (1) Community homes for persons with developmental disabilities may be under local control, and the nonprofit corporations or associations operating community homes are authorized to establish homes and programs they believe in the best interest of their homes.   (2) (a) A community home for persons with developmental disabilities must be licensed annually by the department of public health and human services.   (b) One temporary license may be issued for no longer than 60 days if there are unavoidable delays in the certification process.   (3) The department of public health and human services for the purpose of licensing shall adopt standards and rules concerning the administration, operation, health, and safety of community homes for persons with developmental disabilities.   History: En. Sec. 5, Ch. 373, L. 1973; amd. Sec. 4, Ch. 149, L. 1974; R.C.M. 1947, 71-2005; amd. Sec. 1, Ch. 271, L. 1981; amd. Sec. 95, Ch. 609, L. 1987; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 164, Ch. 418, L. 1995; amd. Sec. 481, Ch. 546, L. 1995.
MT Code § 53-20-306 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 3. Community Homes|53-20-306. Federal aid

  53-20-306. Federal aid. The department of public health and human services may apply for and receive federal-aid money or other assistance that is available for programs in the nature of the program created by this part.   History: En. Sec. 6, Ch. 373, L. 1973; amd. Sec. 5, Ch. 149, L. 1974; R.C.M. 1947, 71-2006; amd. Sec. 482, Ch. 546, L. 1995.