reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 7. Statewide 2-1-1 System › 53-1-701. Findings -- purpose

53-1-701. Findings -- purpose.
(1) The legislature finds that the implementation of a system using a single, easy-to-use telephone number, 2-1-1, for public access to information and referral for safety, health, or human services and for information about access to services after a disaster or emergency will benefit the citizens of the state of Montana by providing easier access to available services, by efficiently connecting people with the desired service providers, and by reducing duplication of efforts.
(2) The legislature finds that a statewide 2-1-1 system will facilitate public access to information and referral for safety, health, and human services and for disaster or emergency prevention or response information and will make our state's communities safer, stronger, and better-prepared to respond to threats of domestic and international terrorism and domestic emergency situations of all natures.
(3) The purposes of this part are to:
(a) establish an implementation plan for a statewide 2-1-1 system to provide public access to information and referral for disaster, emergency, safety, health, and human services;
(b) ensure that the system is free from undue political interference and conflicts of interest;
(c) provide that 2-1-1 services are delivered by qualified and competent agencies in a manner that is fair and consistent throughout the state;
(d) establish a system that utilizes state employees, contracted services, or other methods of providing services in a manner that is responsive to and respective of regional and community needs and interests as funding allows; and
(e) ensure that funding of the statewide 2-1-1 system is provided and managed in a fiscally responsible manner.
History: En. Sec. 1, Ch. 548, L. 2005.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 7. Statewide 2-1-1 System › 53-1-702. Statewide 2-1-1 system

53-1-702. Statewide 2-1-1 system.
The dialing code of 2-1-1 is created as the official state dialing code for public access to information and referral for safety, health, and human services and information about access to services in the event of a disaster or emergency.
History: En. Sec. 2, Ch. 548, L. 2005.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 7. Statewide 2-1-1 System › 53-1-703. Definitions

53-1-703. Definitions.
As used in this part, the following definitions apply:
(1) "Approved 2-1-1 service provider" means a public or nonprofit agency or organization designated by the department to provide 2-1-1 services.
(2) "Department" means the department of public health and human services.
(3) "2-1-1" means the abbreviated dialing code assigned by the federal communications commission on July 21, 2000, for consumer access to community information and referral services.
(4) "2-1-1 service area" means an area of the state of Montana identified by the department as an area in which an approved 2-1-1 service provider will provide 2-1-1 services.
History: En. Sec. 3, Ch. 548, L. 2005; amd. Sec. 4, Ch. 81, L. 2017.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 7. Statewide 2-1-1 System › 53-1-704. Repealed

53-1-704. Repealed.
Sec. 9, Ch. 81, L. 2017.
History: En. Sec. 4, Ch. 548, L. 2005.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 7. Statewide 2-1-1 System › 53-1-705. New public information services -- state agencies

53-1-705. New public information services -- state agencies.
Before a state agency that provides disaster, emergency, safety, health, or human services starts a new public information telephone line or hotline, the state agency shall consult with the department about using the statewide 2-1-1 system to provide public access to the information. If it is determined that the statewide 2-1-1 system can provide the public information at a lower cost than the establishment of a new telephone line or hotline and that the service fits within the scope of 2-1-1 service, the state agency shall provide funding to the statewide 2-1-1 system to provide the public information service. The funds must be deposited in the state special revenue account established in 53-1-712. The funding amount must be determined based on the funds available, the nature of the information, and the expected call volume.
History: En. Sec. 5, Ch. 548, L. 2005.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 7. Statewide 2-1-1 System › 53-1-710. Approved 2-1-1 service providers

53-1-710. Approved 2-1-1 service providers.
(1) Only an approved service provider may provide 2-1-1 telephone services after July 1, 2006. The department shall approve 2-1-1 service providers after considering the following:
(a) the ability of the proposed 2-1-1 service provider to meet the national 2-1-1 standards recommended by the alliance of information and referral systems and adopted by the national 2-1-1 collaborative in October 2002;
(b) the financial stability of the proposed 2-1-1 service provider;
(c) the community support for the proposed 2-1-1 service provider;
(d) the proposed 2-1-1 service provider's relationships with other information and referral services;
(e) the proposed 2-1-1 service provider's record of providing existing 2-1-1 services; and
(f) the proposed 2-1-1 service area.
(2) An existing 2-1-1 service provider may apply for the geographical area in which the service provider is currently approved to offer 2-1-1 telephone services.
History: En. Sec. 6, Ch. 548, L. 2005; amd. Sec. 5, Ch. 81, L. 2017.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 7. Statewide 2-1-1 System › 53-1-711. Scope of 2-1-1 service

53-1-711. Scope of 2-1-1 service.
(1) The statewide 2-1-1 system shall ensure provision of services in all counties of the state.
(2) The statewide 2-1-1 system must be administered by the department. The department shall approve a strategic plan for service delivery and divide the state into no more than eight regions.
(3) The statewide 2-1-1 system shall ensure that all approved 2-1-1 service providers provide the following scope of service:
(a) provide information and referral services to each inquirer for the inquirer's designated geographic area through well-trained staff or volunteers who are knowledgeable about local resources;
(b) create and maintain a database of community resources and referrals for the service provider's designated geographic area;
(c) provide appropriate services to crisis callers, which include stabilization or safety assessment and connection to further resources such as crisis lines, domestic violence shelters, and rape victim advocates;
(d) provide information to the department regarding 2-1-1 service usage, including data on callers, service needs, and resource gaps;
(e) provide support to community and disaster and emergency services providers in the case of a disaster or emergency; and
(f) participate in any publicity plan for the statewide 2-1-1 system in Montana.
History: En. Sec. 7, Ch. 548, L. 2005; amd. Sec. 6, Ch. 81, L. 2017.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 7. Statewide 2-1-1 System › 53-1-712. State special revenue fund 2-1-1 account

53-1-712. State special revenue fund 2-1-1 account.
There is a 2-1-1 account in the state special revenue fund. Money in the account may be spent only after appropriation. The 2-1-1 account must include any funding for the statewide 2-1-1 system as appropriated by the legislature or received through private contributions and other sources. Expenditures from the 2-1-1 account may be used only for the implementation and support of the statewide 2-1-1 system. Monetary savings realized by the department when converting existing resource and referral lines to the statewide 2-1-1 system must be deposited in the special revenue account.
History: En. Sec. 8, Ch. 548, L. 2005.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 7. Statewide 2-1-1 System › 53-1-713. Eligible activities

53-1-713. Eligible activities.
(1) The department shall provide for the study, design, implementation, and support of a statewide 2-1-1 system. The department may contract with one or more private organizations for any or all of the study, design, implementation, or support of a statewide 2-1-1 system.
(2) The department may provide for the following activities that are eligible for assistance from the 2-1-1 account provided for in 53-1-712:
(a) creating a structure for a statewide 2-1-1 resources database that will meet the standards of the alliance for information and referral systems for information and referral systems databases and that will be integrated with local resources databases maintained by approved 2-1-1 service providers;
(b) developing a statewide resources database for the statewide 2-1-1 system;
(c) maintaining public information available from state agencies and programs that provide disaster, emergency, safety, health, or human services for access by approved 2-1-1 service providers;
(d) providing grants to approved 2-1-1 service providers for the design, development, and implementation of 2-1-1 services for its 2-1-1 service area; and
(e) providing grants to approved 2-1-1 service providers to provide 2-1-1 services on a 24-hour-a-day, 7-day-a-week basis and on an ongoing basis.
History: En. Sec. 9, Ch. 548, L. 2005.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 1. General Administration of Institutions › Part 7. Statewide 2-1-1 System › 53-1-714. Repealed

53-1-714. Repealed.
Sec. 9, Ch. 81, L. 2017.
History: En. Sec. 10, Ch. 548, L. 2005.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 2. Administration of Public Assistance › Part 1. General Provisions › 53-2-101. Definitions

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.
History: (1), (2)En. 71-201.1 by Sec. 19, Ch. 121, L. 1974; Sec. 71-201.1, R.C.M. 1947; (3), (4)En. Sec. 3, Ch. 180, L. 1953; amd. Sec. 1, Ch. 98, L. 1973; amd. Sec. 2, Ch. 379, L. 1977; Sec. 71-235, R.C.M. 1947; (5)En. Subd. (h), Sec. 7, Part 1, Ch. 82, L. 1937; amd. Sec. 3, Ch. 129, L. 1939; amd. Sec. 1, Ch. 219, L. 1947; amd. Sec. 3, Ch. 199, L. 1951; amd. Sec. 1, Ch. 141, L. 1953; amd. Sec. 12, Ch. 212, L. 1965; amd. Sec. 17, Ch. 325, L. 1967; amd. Sec. 4, Ch. 261, L. 1971; amd. Sec. 14, Ch. 37, L. 1977; Sec. 71-211, R.C.M. 1947; R.C.M. 1947, 71-201.1, 71-211(part), 71-235(2); amd. Sec. 71, Ch. 609, L. 1987; amd. Sec. 1, Ch. 266, L. 1989; amd. Sec. 408, Ch. 546, L. 1995; amd. Sec. 1, Ch. 350, L. 2005.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 2. Administration of Public Assistance › Part 1. General Provisions › 53-2-102. State treasurer to receive funds

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.
History: En. Sec. 1, Part 8, Ch. 82, L. 1937; amd. Sec. 210, Ch. 147, L. 1963; amd. Sec. 49, Ch. 121, L. 1974; amd. Sec. 36, Ch. 37, L. 1977; R.C.M. 1947, 71-901.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 2. Administration of Public Assistance › Part 1. General Provisions › 53-2-103. Records and reports

53-2-103. Records and reports.
(1) Each local office of public assistance shall keep records and make reports in the detail that the department requires and shall transmit to the department upon its request copies of applications and any other records pertaining to any case.
(2) The department shall keep the records in the form and containing the information that the federal social security board requires and shall comply with the provisions that the federal board finds necessary to ensure the correctness and verification of the reports.
History: En. Sec. 20, Part 1, Ch. 82, L. 1937; amd. Sec. 10, Ch. 129, L. 1939; R.C.M. 1947, 71-231; amd. Sec. 103, Ch. 114, L. 2003.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 2. Administration of Public Assistance › Part 1. General Provisions › 53-2-104. Audit of public assistance records

53-2-104. Audit of public assistance records.
All applications, information, and records concerning any applicant or recipient of assistance or services under this title are subject to audit for legislative oversight or determination of public assistance fraud.
History: En. 71-231.4 by Sec. 1, Ch. 425, L. 1977; R.C.M. 1947, 71-231.4; amd. Sec. 1, Ch. 38, L. 1979.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 2. Administration of Public Assistance › Part 1. General Provisions › 53-2-105. Misuse of public assistance information unlawful

53-2-105. Misuse of public assistance information unlawful.
Except as provided in 53-2-211, it is unlawful for a person, body, association, firm, corporation, or other agency to solicit, disclose, receive, or make use of or to authorize, knowingly permit, participate in, or acquiesce in the use of lists or names for commercial or political purposes of any nature or for any purpose not directly connected with the administration of public assistance. However, the department may, to the extent permitted by federal law, disclose public assistance information to an agency of the state or to any other organization if the information is used solely for purposes directly connected with the administration of a program or purpose of the agency.
History: En. Sec. 2, Ch. 179, L. 1953; R.C.M. 1947, 71-231.2; amd. Sec. 2, Ch. 410, L. 1993; amd. Sec. 15, Ch. 491, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 2. Administration of Public Assistance › Part 1. General Provisions › 53-2-106. Penalty for misuse of public assistance information

53-2-106. Penalty for misuse of public assistance information.
Any person, body, association, corporation, firm, or other agency who shall willfully or knowingly violate any provision of 53-2-105 shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $25 or more than $1,000, to which may be added imprisonment in the county jail for any determinate period not to exceed 60 days. If the violation is by other than an individual, the imprisonment may be adjusted against any officer, agent, employee, servant, or other person of the association, corporation, firm, or other agency who committed or participated in such violation and is found guilty thereof.
History: En. Sec. 3, Ch. 179, L. 1953; R.C.M. 1947, 71-231.3.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 2. Administration of Public Assistance › Part 1. General Provisions › 53-2-107. Fraudulent obtaining of public assistance treated as theft

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.
History: En. Sec. 15, Part 1, Ch. 82, L. 1937; amd. Sec. 21, Ch. 37, L. 1977; amd. Sec. 1, Ch. 273, L. 1977; R.C.M. 1947, 71-226; amd. Sec. 1903, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 2. Administration of Public Assistance › Part 1. General Provisions › 53-2-108. Overpayment of assistance -- department errors involving food stamps -- civil penalty when fraud

53-2-108. Overpayment of assistance -- department errors involving food stamps -- civil penalty when fraud.
(1) If, because of department or recipient error, a recipient receives public assistance for which the recipient is not eligible, the portion of payment that the recipient is not entitled to receive may be returned at the discretion of the department.
(2) (a) Except as provided in subsection (3), a recipient who receives an overpayment of food stamp benefits because of a department error in processing or administering the recipient's case is not required to repay the department for the overpayment if:
(i) the recipient notifies the department of the potential error; and
(ii) the department informs the recipient that no error occurred or fails to respond to the notification within 30 days.
(b) If a federal agency seeks repayment of an overpayment of food stamps in a case meeting the provisions of subsection (2)(a):
(i) the department is considered a person connected to the household for purposes of 7 CFR 273.18 and is liable for reimbursing the federal claim for the overpayment; and
(ii) the recipient is exempt from the unemployment withholding requirements of 39-51-2208.
(3) If a person obtains any part of an assistance payment through fraudulent means as specified in 53-2-107, 125% of the amount of assistance to which the person was not entitled must be repaid and, until fully paid, is a debt due the state.
History: En. Sec. 2, Ch. 257, L. 1979; amd. Sec. 4, Ch. 486, L. 1997; amd. Sec. 2, Ch. 205, L. 2007.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 2. Administration of Public Assistance › Part 1. General Provisions › 53-2-109. Recipients to report changes in factors affecting eligibility

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.
History: En. Sec. 1, Ch. 257, L. 1979; amd. Sec. 5, Ch. 486, L. 1997.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 2. Administration of Public Assistance › Part 1. General Provisions › 53-2-110. Payment of debts to department

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.
History: En. Sec. 26, Ch. 631, L. 1993; amd. Sec. 7, Ch. 184, L. 2009.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 2. Administration of Public Assistance › Part 1. General Provisions › 53-2-111. Coordination of certain workforce development programs -- requirement for agreement between agencies

53-2-111. Coordination of certain workforce development programs -- requirement for agreement between agencies.
(1) The department shall enter into agreements with the department of labor and industry concerning the administration and coordination of the following workforce development programs:
(a) the employment and training program provided for in 53-2-903;
(b) the cash assistance employment and training program provided for in Title 53, chapter 4;
(c) blind and low-vision services provided for in Title 53, chapter 7, part 3; and
(d) vocational rehabilitation training, including counseling, advocacy, and assistive technology, provided for in Title 53, chapter 7, part 1.
(2) The department shall ensure that agreements entered into under subsection (1) are consistent with the requirements of federal rules and regulations that are applicable to the programs contained in subsections (1)(a) through (1)(d).
History: En. Sec. 1, Ch. 343, L. 2001.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 2. Administration of Public Assistance › Part 2. Department of Public Health and Human Services › 53-2-202. Attorney general to act as legal adviser to department

53-2-202. Attorney general to act as legal adviser to department.
The attorney general of the state shall act as legal adviser to the department, shall perform such legal services as may be required, and may employ such other and additional counsel as may be necessary for this purpose and fix the compensation therefor.
History: En. Sec. 4, Part 1, Ch. 82, L. 1937; amd. Sec. 49, Ch. 121, L. 1974; amd. Sec. 12, Ch. 37, L. 1977; R.C.M. 1947, 71-207; amd. Sec. 2, Ch. 38, L. 1979.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 2. Administration of Public Assistance › Part 2. Department of Public Health and Human Services › 53-2-203. Department to supervise public assistance personnel

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.
History: En. 71-210.1 by Sec. 21, Ch. 121, L. 1974; R.C.M. 1947, 71-210.1; amd. Sec. 11, Ch. 561, L. 1993; amd. Sec. 13, Ch. 571, L. 2001.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 2. Administration of Public Assistance › Part 2. Department of Public Health and Human Services › 53-2-205. Department authorized to establish and collect social services fees

53-2-205. Department authorized to establish and collect social services fees.
(1) The department is authorized to establish and collect fees for social services furnished which are authorized pursuant to Title XX of the Social Security Act, Public Law 93-647. Such fees shall be based on a schedule determined by the department.
(2) The state share of fees provided by subsection (1) shall be paid to the state treasurer for the credit of the state special revenue fund for the use of the department in providing social services.
History: En. 71-210.4, 71-210.5 by Secs. 1, 2, Ch. 206, L. 1975; R.C.M. 1947, 71-210.4, 71-210.5; amd. Sec. 3, Ch. 38, L. 1979; amd. Sec. 1, Ch. 277, L. 1983.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 2. Administration of Public Assistance › Part 2. Department of Public Health and Human Services › 53-2-206. Department to act as agent of federal government

53-2-206. Department to act as agent of federal government.
The department shall act as the agent of the federal government in public assistance matters of mutual concern in conformity with this title and the federal Social Security Act and in the administration of any federal funds granted to the state to aid in the purposes and functions of the department.
History: En. Subd. (h), Sec. 7, Part 1, Ch. 82, L. 1937; amd. Sec. 3, Ch. 129, L. 1939; amd. Sec. 1, Ch. 219, L. 1947; amd. Sec. 3, Ch. 199, L. 1951; amd. Sec. 1, Ch. 141, L. 1953; amd. Sec. 12, Ch. 212, L. 1965; amd. Sec. 17, Ch. 325, L. 1967; amd. Sec. 4, Ch. 261, L. 1971; amd. Sec. 14, Ch. 37, L. 1977; R.C.M. 1947, 71-211(1).
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 2. Administration of Public Assistance › Part 2. Department of Public Health and Human Services › 53-2-207. Power of department in administering state and federal funds

53-2-207. Power of department in administering state and federal funds.
In administering or supervising any state or federal funds appropriated or made available to the department for public assistance purposes, the department may:
(1) make use of all legal processes to enforce the standards prescribed for public assistance purposes by the department; and
(2) require that each part of the public assistance laws be in effect in all counties of the state.
History: En. Sec. 8, Part 1, Ch. 82, L. 1937; amd. Sec. 15, Ch. 37, L. 1977; R.C.M. 1947, 71-212; amd. Sec. 12, Ch. 561, L. 1993; amd. Sec. 14, Ch. 571, L. 2001; amd. Sec. 15, Ch. 13, Sp. L. August 2002.