reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 19. Physically Disabled › Part 1. Services and Community Homes › 53-19-103. Department authorized to provide services

53-19-103. Department authorized to provide services.
(1) Subject to available appropriated funds, services provided under this part include:
(a) vocational and other rehabilitation services that enhance the ability of a person with severe disabilities to live and function independently and to engage in or continue in appropriate employment; and
(b) any services specified in Title VII of the federal Rehabilitation Act of 1973 (29 U.S.C. 796, et seq.), as may be amended.
(2) To the extent that funds are appropriated and allocated for the purpose of providing services to persons with severe disabilities, the department may establish the facilities and services it determines are in the best interest of persons with severe disabilities.
(3) The scope, amount, and duration of services made available to persons with severe disabilities under this part are within the discretion of the department to determine.
History: En. Sec. 3, Ch. 713, L. 1985; amd. Sec. 5, Ch. 514, L. 1987; amd. Sec. 3, Ch. 330, L. 1989.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 19. Physically Disabled › Part 1. Services and Community Homes › 53-19-104. Department contracts for services -- governmental units providing for community homes for persons with severe disabilities

53-19-104. Department contracts for services -- governmental units providing for community homes for persons with severe disabilities.
(1) The department may expend money appropriated or available for the purposes of this part and may contract for services for eligible persons with any person or entity providing the services to persons with severe disabilities.
(2) Governmental units, including but not limited to counties, municipalities, school districts, or state institutions of higher learning, may at their own expense provide services, funds, materials, and facilities for services to community homes for persons with severe disabilities.
History: En. Sec. 4, Ch. 713, L. 1985; amd. Sec. 6, Ch. 514, L. 1987; amd. Sec. 4, Ch. 330, L. 1989.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 19. Physically Disabled › Part 1. Services and Community Homes › 53-19-105. Federal and other aid

53-19-105. Federal and other aid.
The department may apply for and receive federal-aid money or other assistance that may be available for programs in the nature of the program created by this part.
History: En. Sec. 5, Ch. 713, L. 1985.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 19. Physically Disabled › Part 1. Services and Community Homes › 53-19-106. Eligibility for services

53-19-106. Eligibility for services.
(1) The department, in its discretion and in accordance with this part and Title VII of the federal Rehabilitation Act of 1973, 29 U.S.C. 796, et seq., as may be amended, may determine eligibility of persons for services under this part.
(2) To be eligible for services under this part, a person must have a disability of such severity that, to secure and maintain employment or to function independently, the person requires intensive vocational or comprehensive rehabilitation services.
(3) A person with severe disabilities not receiving other vocational and rehabilitation services provided by the department has priority for services provided under this part.
History: En. Sec. 1, Ch. 514, L. 1987; amd. Sec. 5, Ch. 330, L. 1989; amd. Sec. 1905, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 19. Physically Disabled › Part 1. Services and Community Homes › 53-19-110. Eligibility for residential services in community home for persons with severe disabilities

53-19-110. Eligibility for residential services in community home for persons with severe disabilities.
(1) The department, in its discretion and in accordance with this part, may determine eligibility for residential services in a community home for persons with severe disabilities, based on the residential needs of the person and on the availability of residential services. Any person with a severe disability, as defined in 52-4-202, may be considered for placement in a community home, regardless of the source of funding for the person's residential services.
(2) A person who has a primary diagnosis of mental illness or who receives mental health services under Title 53, chapter 21, is not eligible for placement in a community home for persons with severe disabilities unless the person is eligible for and receiving services under this part and Title VII of the federal Rehabilitation Act of 1973, 29 U.S.C. 796, et seq., as may be amended, or Title XIX of the Social Security Act, 42 U.S.C. 1396, et seq., as may be amended.
History: En. Sec. 2, Ch. 514, L. 1987; amd. Sec. 6, Ch. 330, L. 1989; amd. Sec. 1906, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 19. Physically Disabled › Part 1. Services and Community Homes › 53-19-111. Repealed

53-19-111. Repealed.
Sec. 16, Ch. 330, L. 1989.
History: En. Sec. 6, Ch. 713, L. 1985; amd. Sec. 7, Ch. 514, L. 1987.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 19. Physically Disabled › Part 1. Services and Community Homes › 53-19-112. Rulemaking

53-19-112. Rulemaking.
(1) For the purposes of providing services to persons with severe disabilities, the department may adopt rules necessary for the administration of services provided under this part. Rules adopted may include but are not limited to eligibility for services, facility design and acquisition, program staffing, staff training, service goals and design, quality of services, client placement procedures, client rights and privileges, client grievance procedures, fair hearings, provider grievance procedures, and accounting procedures which include accounting of client financial resources.
(2) The department shall, in cooperation with the board of nursing, adopt rules under which a properly trained staff member of a facility providing services to persons with severe disabilities under this part may supervise and assist a client of a facility in taking a medication if the medication is usually self-administered and if a physician has prescribed the assistance.
History: En. Sec. 7, Ch. 713, L. 1985; amd. Sec. 8, Ch. 514, L. 1987; amd. Sec. 7, Ch. 330, L. 1989.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 19. Physically Disabled › Part 3. Telecommunications Services › 53-19-301. Legislative findings and declaration

53-19-301. Legislative findings and declaration.
(1) The legislature finds and declares that many Montana citizens have physical disabilities and are unable to use traditional telecommunications equipment and services without assistance. These citizens constitute a substantial and valuable resource within the United States and the state of Montana, and this segment of our population needs access to telecommunications services in order to function as contributing and productive members of our society.
(2) The legislature further finds and declares that the role of telecommunications in our world today is inestimable. Telecommunications is the primary vehicle of commerce and industry, the means to convey and receive information and knowledge, and the way that we connect with others on a personal as well as business level. Telecommunications gives people independence and self-sufficiency, and it provides goods and services, human contact, and fellowship.
(3) The legislature further finds that access to telecommunications services should be provided to persons who have disabilities not only for their own sake but for the benefit of society at large. Access to telecommunications services would enhance the business and personal lives of persons with disabilities, and its availability to persons with disabilities would be an investment of benefit to all of Montana.
(4) Consistent with the findings stated in subsections (1) through (3), the legislature finds it appropriate to provide persons with disabilities access to telecommunications services by creating a program to make specialized telecommunications equipment and services available to persons with disabilities.
History: En. Sec. 1, Ch. 669, L. 1989; amd. Sec. 2, Ch. 396, L. 1997; amd. Sec. 62, Ch. 472, L. 1997.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 19. Physically Disabled › Part 3. Telecommunications Services › 53-19-302. Definitions

53-19-302. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Committee" means the committee on telecommunications access services for persons with disabilities established in 2-15-2212.
(2) "Department" means the department of revenue.
(3) "End user connection" means a customer's connection to a service provider's network.
(4) "Mobility-disabled" means the condition of a person with reduced function of the arms, legs, or hands making activities related to moving, turning, or pressing objects difficult or impossible. The term includes difficulty in using a wide range of telecommunications equipment.
(5) "Net amount billed for the fee" means the gross amount billed for fees imposed by 53-19-311, less adjustments for uncollectible accounts, refunds, incorrect billings, and other appropriate adjustments.
(6) "Person with a disability" means the condition of a person who is deaf and blind, deaf, hard-of-hearing, speech-disabled, or mobility-disabled.
(7) "Program" means the program established in 53-19-306.
(8) "Service provider" means an entity that offers services to subscribers in Montana to allow two or more persons in different locations to communicate orally, without regard to the technology or medium the entity uses to provide the telecommunications service, and access to telecommunications relay service. The term includes providers of telecommunications service, including but not limited to providers of internet protocol-enabled voice communications service.
(9) "Specialized telecommunications equipment" means any telecommunications device that enables or assists a person with a disability to communicate with others by means of the public switched telephone network or internet protocol-enabled voice communications service. The term includes but is not limited to text telephones (TTY), amplifiers, signaling devices, puff-blow devices, electronic artificial larynx devices, telebraille, and equipment for the mobility-disabled.
(10) "Subscriber" means an end user who receives telecommunications network access from a service provider.
(11) "Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing without a change in the form or content of the information upon receipt.
(12) "Telecommunications relay service" means a service that permits full and simultaneous communication between those using specialized telecommunications equipment and those using conventional telephone equipment or any other technology or equipment, including but not limited to personal computers and videophones.
History: En. Sec. 2, Ch. 669, L. 1989; amd. Sec. 3, Ch. 396, L. 1997; amd. Sec. 63, Ch. 472, L. 1997; amd. Sec. 1, Ch. 297, L. 2001; amd. Sec. 1, Ch. 417, L. 2003; amd. Sec. 2, Ch. 325, L. 2007.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 19. Physically Disabled › Part 3. Telecommunications Services › 53-19-303. Term of office -- vacancies

53-19-303. Term of office -- vacancies.
(1) Each member of the committee shall serve for a term of 3 years.
(2) A vacancy on the committee must be filled in the same manner as the original appointment.
History: En. Sec. 4, Ch. 669, L. 1989; amd. Sec. 4, Ch. 396, L. 1997.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 19. Physically Disabled › Part 3. Telecommunications Services › 53-19-304. Officers -- meetings -- quorum -- compensation

53-19-304. Officers -- meetings -- quorum -- compensation.
(1) The committee shall choose a presiding officer from its members.
(2) The committee shall meet at least four times a year and at other times as determined by the presiding officer or by a majority of the committee.
(3) Seven members of the committee constitute a quorum for the transaction of business.
(4) All members of the committee are entitled to reimbursement of expenses as provided in 2-18-501 through 2-18-503. Members of the committee who are not state employees are also entitled to receive compensation as provided in 2-15-122 for each day that they are engaged in official business of the committee.
History: En. Sec. 5, Ch. 669, L. 1989; amd. Sec. 5, Ch. 396, L. 1997; amd. Sec. 7, Ch. 603, L. 2023.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 19. Physically Disabled › Part 3. Telecommunications Services › 53-19-305. Power and duties

53-19-305. Power and duties.
The committee shall oversee administration of the program provided for in 53-19-306. In fulfilling this duty, the committee shall:
(1) establish policies and procedures governing administration of the program;
(2) analyze and approve a budget for administration of services under the program;
(3) monitor the expenditure of funds for the program;
(4) provide for administration of eligibility and the delivery of services for the program as provided for in 53-19-306 through 53-19-309; and
(5) perform any other duties necessary to properly oversee administration of the program.
History: En. Sec. 6, Ch. 669, L. 1989; amd. Sec. 70, Ch. 10, L. 1993.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 19. Physically Disabled › Part 3. Telecommunications Services › 53-19-306. Program established -- purpose

53-19-306. Program established -- purpose.
(1) The committee shall establish and administer a program to provide specialized telecommunications equipment and services to persons with disabilities.
(2) The purpose of the program is to:
(a) furnish specialized telecommunications equipment to meet the needs of persons with disabilities; and
(b) provide a telecommunications relay service system to connect persons with disabilities with all phases of public telecommunications service, including telecommunications service to emergency services and public safety agencies as defined in 10-4-101.
History: En. Sec. 7, Ch. 669, L. 1989; amd. Sec. 6, Ch. 396, L. 1997; amd. Sec. 64, Ch. 472, L. 1997; amd. Sec. 2, Ch. 297, L. 2001; amd. Sec. 1, Ch. 18, Sp. L. August 2002; amd. Sec. 2, Ch. 417, L. 2003; amd. Sec. 3, Ch. 325, L. 2007.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 19. Physically Disabled › Part 3. Telecommunications Services › 53-19-307. Provision of services

53-19-307. Provision of services.
(1) In administering the program established in 53-19-306 for individuals, the committee shall:
(a) develop an appropriate means test to determine eligibility for specialized telecommunications equipment based on family income of less than 250% of the federal poverty level;
(b) require that the person with a disability be a resident of Montana and that residency be maintained as a condition of eligibility for specialized telecommunications equipment;
(c) require persons with disabilities to provide satisfactory evidence that they have disabilities and would benefit from the use of specialized telecommunications equipment;
(d) provide specialized telecommunications equipment to participants through loan, lease, cost sharing, or other methods that are determined appropriate by the committee;
(e) determine the type of specialized telecommunications equipment that it considers necessary and economically feasible for use by Montana's persons with disabilities;
(f) purchase or lease all specialized telecommunications equipment through bid by wholesale manufacturers on a competitive basis;
(g) require, as a condition of each equipment purchase or lease, that the equipment vendor provide repair and maintenance service for new and returned equipment;
(h) maintain records for a minimum of 5 years of each item of equipment, including the location, serial number, and telephone number of each device;
(i) make reasonable efforts to recover equipment from those who become ineligible for continued participation in the program;
(j) provide a telecommunications relay service system that would be available statewide for operation 7 days a week, 24 hours a day, including holidays; and
(k) adopt rules necessary to administer the program.
(2) In adopting rules to implement subsections (1)(a) and (1)(d), the committee may, based upon available funds, provide the specialized telecommunications equipment, without charge, to individuals whose family income is less than 250% of the federal poverty level.
History: En. Sec. 8, Ch. 669, L. 1989; amd. Sec. 7, Ch. 396, L. 1997; amd. Sec. 65, Ch. 472, L. 1997; amd. Sec. 3, Ch. 297, L. 2001; amd. Sec. 3, Ch. 417, L. 2003; amd. Sec. 4, Ch. 325, L. 2007.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 19. Physically Disabled › Part 3. Telecommunications Services › 53-19-308. Telecommunications relay service system -- requirements

53-19-308. Telecommunications relay service system -- requirements.
The committee shall contract with one or more qualified providers to design and implement a telecommunications relay service system that fulfills the purpose described in 53-19-306. The committee shall require, under the terms of the contract, that:
(1) the system relay all messages promptly and accurately;
(2) the system maintain the privacy of persons using the system; and
(3) the provider preserve the confidentiality of all communications, except in instances in which the confidentiality would further a violation of the law.
History: En. Sec. 9, Ch. 669, L. 1989; amd. Sec. 8, Ch. 396, L. 1997; amd. Sec. 5, Ch. 325, L. 2007.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 19. Physically Disabled › Part 3. Telecommunications Services › 53-19-309. Gifts and grants

53-19-309. Gifts and grants.
The committee may accept contributions, gifts, and grants, in money or otherwise, to the program established in 53-19-306. Monetary contributions, gifts, and grants must be deposited in the account provided for in 53-19-310.
History: En. Sec. 10, Ch. 669, L. 1989; amd. Sec. 88, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 19. Physically Disabled › Part 3. Telecommunications Services › 53-19-310. Account for telecommunications services and specialized telecommunications equipment for persons with disabilities

53-19-310. Account for telecommunications services and specialized telecommunications equipment for persons with disabilities.
(1) Subject to legislative fund transfer, there is an account for telecommunications services and specialized telecommunications equipment for persons with disabilities in the state special revenue fund in the state treasury. The account consists of:
(a) all monetary contributions, gifts, and grants received by the committee as provided in 53-19-309; and
(b) all fees billed and collected pursuant to 53-19-311.
(2) The money in the account is allocated to the committee for purposes of implementing this part.
(3) All expenditures of the committee in administering this part must be paid from money deposited in the account.
History: En. Sec. 11, Ch. 669, L. 1989; amd. Sec. 9, Ch. 396, L. 1997; amd. Sec. 66, Ch. 472, L. 1997; amd. Sec. 4, Ch. 297, L. 2001; amd. Sec. 2, Ch. 18, Sp. L. August 2002; amd. Sec. 4, Ch. 417, L. 2003; amd. Sec. 6, Ch. 325, L. 2007; amd. Sec. 7, Ch. 312, L. 2011; amd. Sec. 9, Ch. 393, L. 2019.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 19. Physically Disabled › Part 3. Telecommunications Services › 53-19-311. Special assessment

53-19-311. Special assessment.
(1) A fee of 10 cents a month must be assessed on each end user connection provided and billed or any prepaid options by each service provider and is imposed for the purposes of this part.
(2) Each subscriber of a service provider is liable for payment to the service provider of any fee properly imposed pursuant to this part. The service provider is not liable for any uncollected fee, nor does the service provider have an obligation to take legal action to enforce the collection of any fee that is unpaid by its subscribers.
(3) (a) Each service provider that periodically bills subscribers for its services shall bill each subscriber for the fee provided for in subsection (1). For subscribers who are not billed periodically, including but not limited to subscribers who purchase prepaid wireless telecommunication services for a flat fee, the service provider shall include in the price of the service a fee of 10 cents for each 30-day period during which the subscriber is authorized to use the service or a prepaid wireless telephone service provider shall remit an amount equal to the fees established in subsection (1) after collecting the amount using one of the following options:
(i) on a monthly basis, the prepaid service provider shall collect an amount equal to the fees established in subsection (1) from each active prepaid subscriber whose account balance is equal to or greater than the fees established in subsection (1); or
(ii) the prepaid service provider shall divide the total intrastate monthly revenue by the average revenue for each prepaid subscriber of the wireless industry to determine the number of prepaid subscribers. The fees established in subsection (1) are then applied to the number of prepaid subscribers.
(b) Each service provider shall file a return provided by the department reporting the amount of fees collected on access line services during the quarter. Except as provided in subsection (4), all fees collected by a service provider must be transmitted to the department no later than the last day of the month following the end of each calendar quarter in which the fees are collected. All fees received by the department must be deposited in the account established in 53-19-310 to the credit of the committee.
(4) Each service provider may deduct and retain 3/4 of 1% of the total fees collected each month to cover its administrative expenses in complying with the requirements of subsection (3).
History: En. Sec. 12, Ch. 669, L. 1989; amd. Sec. 5, Ch. 417, L. 2003; amd. Sec. 7, Ch. 325, L. 2007.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 19. Physically Disabled › Part 3. Telecommunications Services › 53-19-315. Records -- audit

53-19-315. Records -- audit.
(1) Each service provider required to collect the fee provided for in 53-19-311 shall maintain and have available for inspection by the department books, ledgers, registers, or other documents showing the collection of the fee for telecommunications access services and specialized telecommunications equipment for persons with disabilities for the preceding 5 years or until any dispute or litigation concerning the fees is resolved, whichever is later.
(2) At the request of the committee or on its own initiative, the department or a third party designated by the department may audit the records of any service provider to ensure proper accounting of all fees billed and collected pursuant to 53-19-311. Any expenses of the audit must be paid by the program.
History: En. Sec. 9, Ch. 325, L. 2007.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 19. Physically Disabled › Part 3. Telecommunications Services › 53-19-316. Service provider required to hold fee in trust for state penalty and interest

53-19-316. Service provider required to hold fee in trust for state penalty and interest.
(1) Each service provider required to collect the fee imposed by 53-19-311 holds the fee in trust for the state of Montana and for payment of the fee to the department as provided in 53-19-311.
(2) (a) A service provider that fails to file the return required in 53-19-311 must be assessed a penalty as provided in 15-1-216. The department may waive any penalty as provided in 15-1-206.
(b) A service provider that fails to make payment or fails to report and make payment as required by 53-19-311 must be assessed penalty and interest as provided in 15-1-216. The department may waive any penalty pursuant to 15-1-206.
(c) Interest on fees not paid when due is assessed in the same manner as taxes not paid when due as provided in 15-1-216.
(3) (a) If a service provider fails to file the return required by 53-19-311 or if the department determines that the report understates the amount of fees due, the department may determine the amount of the fees due and assess that amount against the service provider. The provisions of 15-1-211 apply to any assessment by the department. The service provider may seek review of the assessment pursuant to 15-1-211.
(b) When a deficiency is determined and the amount due becomes final, the department shall mail a notice and demand for payment to the owner or operator. Penalty and interest must be added to any deficiency as provided in 15-1-216.
History: En. Sec. 10, Ch. 325, L. 2007.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 19. Physically Disabled › Part 3. Telecommunications Services › 53-19-317. Credit or refund for overpayment -- interest on overpayment

53-19-317. Credit or refund for overpayment -- interest on overpayment.
(1) If the department determines that the amount of fees, penalty, or interest paid for any year is more than the amount due, the amount of the overpayments must be credited against any fees, penalty, or interest then due from the service provider and the balance refunded to the service provider or the service provider's successor through reorganization, merger, or consolidation or to the service provider's shareholders upon dissolution.
(2) Except as provided in subsection (3), interest is allowed on overpayments at the same rate as is charged on deficiency assessments as provided in 15-1-216 from the due date of the return or from the date of overpayment, whichever date is later, to the date the department approved refunding or crediting of the overpayment.
(3) (a) Interest does not accrue during any period in which the processing of a claim for a refund is delayed more than 30 days by reason of failure of the service provider to furnish information requested by the department for the purpose of verifying the amount of the overpayment.
(b) Interest is not allowed if:
(i) the overpayment is refunded within 6 months from the date the return is due or from the date the return is filed, whichever is later; or
(ii) the amount of interest is less than $1.
(c) Only a payment made incident to a bona fide and orderly discharge of actual liability is considered an overpayment with respect to which interest is allowed.
History: En. Sec. 11, Ch. 325, L. 2007.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 19. Physically Disabled › Part 3. Telecommunications Services › 53-19-318. Statute of limitations

53-19-318. Statute of limitations.
(1) Except as provided in subsection (3), a deficiency may not be assessed or collected with respect to the year for which a return is filed unless the notice of the additional fee proposed to be assessed is mailed within 5 years from the date the return was filed. For purposes of this section, a return filed before the last day prescribed for filing is considered as filed on the last day. If the service provider, before the expiration of the period prescribed for assessment of the fee, consents in writing to an assessment after that time, the fee may be assessed at any time prior to the expiration of the period agreed upon.
(2) A refund or credit may not be allowed or paid with respect to the year for which a return is filed after 5 years from the last day prescribed for filing the return or after 1 year from the date of the overpayment, whichever period expires later, unless before the expiration of the period the service provider files a claim or the department determines the existence of the overpayment and approves the refund or credit. If the service provider has agreed in writing under the provisions of subsection (1) to extend the time within which the department may propose an additional assessment, the period within which a claim for refund or credit may be filed or a credit or refund is allowed if no claim is filed is automatically extended.
(3) If a return is required to be filed and the service provider fails to file the return, the fee may be assessed or an action to collect the fee may be brought at any time. If a return is required to be filed and the service provider files a fraudulent return, the 5-year period provided for in subsection (1) does not begin until discovery of the fraud by the department.
History: En. Sec. 12, Ch. 325, L. 2007.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 19. Physically Disabled › Part 3. Telecommunications Services › 53-19-319. Service provider considered taxpayer under provisions for fee

53-19-319. Service provider considered taxpayer under provisions for fee.
Unless the context requires otherwise, the provisions of Title 15 referring to the audit and examination of reports and returns, determination of deficiency assessments, claims for refunds, penalties and interest, jeopardy assessments, warrants, conferences, appeals to the department, appeals to the Montana tax appeal board, and procedures relating to the application of this part apply as if the fee imposed in this part were a tax imposed upon or measured by net income. The provisions apply to the subscriber liable for the fee and to the service provider required to collect the fee. Any amount collected and required to be remitted to the department is considered a tax upon the service provider required to collect it, and the service provider is considered a taxpayer.
History: En. Sec. 13, Ch. 325, L. 2007; amd. Sec. 46, Ch. 142, L. 2021.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 19. Physically Disabled › Part 4. Newborn Hearing Screening › 53-19-401. Purpose

53-19-401. Purpose.
The purposes of this part are:
(1) to provide early detection of hearing loss in newborn infants as soon after birth as possible to enable children, their families, and primary health care providers to obtain any necessary multidisciplinary evaluation, audiologic assessment, treatment, and intervention services at the earliest opportunity and to prevent or mitigate the developmental delays and academic failures associated with late identification of hearing loss; and
(2) to provide the state with the necessary information to effectively plan, establish, and evaluate a comprehensive system of appropriate services for infants and children who are deaf or hard-of-hearing.
History: En. Sec. 1, Ch. 250, L. 2001; amd. Sec. 1, Ch. 251, L. 2007.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 19. Physically Disabled › Part 4. Newborn Hearing Screening › 53-19-402. Statewide universal newborn hearing screening, tracking, and intervention program

53-19-402. Statewide universal newborn hearing screening, tracking, and intervention program.
(1) There is a universal newborn hearing screening program in the department of public health and human services. The department shall implement the program to ensure a hearing screening test for all newborn infants for identification of newborn infant hearing loss. The department shall implement the program to ensure newborn hearing screening tests are completed before discharge from a hospital or no later than 1 month after birth.
(2) The department shall adopt rules to:
(a) ensure that each licensed hospital, health care facility, or health care provider providing obstetric services:
(i) complete newborn hearing screenings for all infants before discharge or no later than 1 month after birth and report the results to each infant's primary care provider, including any recommendation for audiologic assessment for an infant with two failed hearing screenings; and
(ii) provide required education regarding hearing screenings and hearing loss;
(b) ensure monitoring of all babies screened in Montana and referred for audiologic assessment to ensure that they receive an audiologic assessment by 3 months of age;
(c) establish newborn hearing screening protocols that are objective and physiologically based;
(d) establish education protocols;
(e) establish reporting requirements that are related to newborn infant hearing screening, recommendation for audiologic assessment, and audiologic assessment results; and
(f) ensure the electronic sharing of audiologic evaluation information of infants diagnosed as deaf or hard-of-hearing with the Montana school for the deaf and blind, pursuant to the school's responsibility for intervention tracking as provided in 20-8-102.
(3) The department shall assist each licensed hospital, health care facility, or health care provider providing obstetric services in developing systems for reporting and in accessing funds to purchase hearing screening equipment by providing information on funding sources known to the department.
(4) The department may accept contributions, gifts, grants, or endowments from public or private sources for the use and benefit of this program.
History: En. Sec. 2, Ch. 250, L. 2001; amd. Sec. 2, Ch. 251, L. 2007.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 19. Physically Disabled › Part 4. Newborn Hearing Screening › 53-19-403. Repealed

53-19-403. Repealed.
Sec. 4, Ch. 251, L. 2007.
History: En. Sec. 3, Ch. 250, L. 2001.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 19. Physically Disabled › Part 4. Newborn Hearing Screening › 53-19-404. Required education -- screening -- reporting

53-19-404. Required education -- screening -- reporting.
(1) Each licensed hospital, health care facility, or health care provider that provides obstetric services shall provide education to parents of infants born in the hospital or health care facility of the importance of screening the hearing of newborn infants and providing followup care.
(2) Every licensed hospital or health care facility that provides obstetric services shall:
(a) perform newborn hearing screenings, including screening of infants transferred into the hospital or health care facility from another hospital or health care facility, unless the transferring facility has already performed the screening;
(b) report monthly to the department the following information:
(i) the infants born in the hospital or born outside of the hospital and transported or transferred to the hospital or health care facility;
(ii) the infants screened, including those infants born outside of the hospital or health care facility and transported or transferred to it from another hospital or health care facility or screened as part of a cooperative agreement with health care providers providing obstetric services in their service area;
(iii) the infants not screened and the reason each infant was not screened, in accordance with reporting requirements;
(iv) the infants who passed the screening; and
(v) the infants who do not pass their screenings and the contact information for the primary care provider who was notified of the screening results for each infant who did not pass the screenings.
(3) Every licensed audiologist performing audiologic evaluations of infants identified by hearing screening as needing audiologic assessment shall report monthly to the department the following information:
(a) the identity of infants referred to them for audiologic assessment;
(b) the referring person or health care facility;
(c) the birthing facility in which the infant was born; and
(d) the results of the audiologic assessment of each infant referred to them.
History: En. Sec. 4, Ch. 250, L. 2001; amd. Sec. 3, Ch. 251, L. 2007.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-101. Purpose

53-20-101. Purpose.
The purpose of this part is to:
(1) secure for each person who may be a person with developmental disabilities such treatment and habilitation as will be suited to the needs of the person and to assure that such treatment and habilitation are skillfully and humanely administered with full respect for the person's dignity and personal integrity;
(2) accomplish this goal whenever possible in a community-based setting;
(3) accomplish this goal in an institutionalized setting only when less restrictive alternatives are unavailable or inadequate and only when a person is so severely disabled as to require institutionalized care; and
(4) assure that due process of law is accorded any person coming under the provisions of this part.
History: En. 38-1201 by Sec. 1, Ch. 468, L. 1975; R.C.M. 1947, 38-1201; amd. Sec. 21, Ch. 255, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-103. Residential institution to meet standards

53-20-103. Residential institution to meet standards.
No person shall be admitted to any publicly supported residential institution caring for persons with developmental disabilities unless such institution meets the standards prescribed by this part.
History: En. 38-1231 by Sec. 31, Ch. 468, L. 1975; R.C.M. 1947, 38-1231; amd. Sec. 21, Ch. 255, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-106. Certification of developmental disabilities professionals

53-20-106. Certification of developmental disabilities professionals.
(1) A developmental disabilities professional must be certified by the department of public health and human services.
(2) The department of public health and human services shall adopt rules governing the certification of developmental disabilities professionals. The rules must establish the appropriate combination of education, skills, and experience necessary for certification and set forth qualifications developed by reference to recognized national standards in the field of developmental disabilities.
History: En. Sec. 3, Ch. 569, L. 1983; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 4, Ch. 381, L. 1991; amd. Sec. 3, Ch. 255, L. 1995; amd. Sec. 469, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-107. Department to compile list of qualified developmental disabilities professionals

53-20-107. Department to compile list of qualified developmental disabilities professionals.
The department of public health and human services shall compile and provide to each district court within the state a list of developmental disabilities professionals who possess competencies in the evaluation and habilitation of persons with developmental disabilities.
History: En. Sec. 6, Ch. 343, L. 1981; Sec. 53-20-414, MCA 1985; redes. 53-20-107 by Sec. 114, Ch. 609, L. 1987; amd. Sec. 4, Ch. 255, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-110. Community treatment plan -- elements -- placement

53-20-110. Community treatment plan -- elements -- placement.
A court may order a respondent to be placed in a community treatment plan as a less restrictive alternative to commitment to a residential facility. The plan may include but is not limited to requiring the respondent to:
(1) participate in a specified set of community-based services;
(2) participate in services addressing the risk to self or others, including but not limited to group or individual therapy, staff supervision, psychiatric care, or medication; and
(3) abide by individualized restrictions on the respondent's behavior or other conditions of continued participation that the court finds necessary to protect the respondent or the public, including but not limited to residential requirements, restrictions on access to intoxicants or weapons, productive use of free time, limited financial independence, curfew, or authorization for providers to share information about the respondent with law enforcement.
History: En. Sec. 3, Ch. 252, L. 2007.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-111. Repealed

53-20-111. Repealed.
Sec. 20, Ch. 255, L. 1995.
History: En. 38-1215 by Sec. 15, Ch. 468, L. 1975; amd. Sec. 4, Ch. 568, L. 1977; R.C.M. 1947, 38-1215; amd. Sec. 5, Ch. 381, L. 1991.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-112. Procedural rights -- appointment of counsel

53-20-112. Procedural rights -- appointment of counsel.
(1) A respondent has all the rights accorded to a person subject to involuntary commitment proceedings under the laws of this state relating to involuntary commitment of a person who suffers from a mental disorder and who requires commitment, as provided in 53-21-115 through 53-21-118.
(2) In addition, the parents or guardian of a respondent has the right to:
(a) be present at any hearing held pursuant to this part;
(b) be represented by counsel in any hearing;
(c) offer evidence and cross-examine witnesses in any hearing; and
(d) have the respondent examined by a professional of the parents' or guardian's choice when a professional is reasonably available unless the person chosen is objected to by the respondent or by a responsible person appointed by the court.
(3) Upon receipt of a petition for commitment, recommitment, or emergency commitment, the court shall order the office of the state public defender, provided for in 2-15-1029, to assign counsel for the respondent. If the parents are indigent and the parents request it or if the guardian is indigent and the guardian requests it, the court shall order the office of state public defender to assign counsel for the parents or guardian pending a determination of indigence pursuant to 47-1-111.
History: En. 38-1203 by Sec. 3, Ch. 468, L. 1975; R.C.M. 1947, 38-1203(1), (2); amd. Sec. 12, Ch. 38, L. 1979; amd. Sec. 6, Ch. 381, L. 1991; amd. Sec. 5, Ch. 255, L. 1995; amd. Sec. 13, Ch. 490, L. 1997; amd. Sec. 2, Ch. 252, L. 2007; amd. Sec. 36, Ch. 358, L. 2017.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-113. Waiver of rights

53-20-113. Waiver of rights.
(1) A respondent may waive the respondent's procedural rights provided that the waiver is knowingly and intentionally made.
(2) The right to counsel in a hearing held pursuant to 53-20-125 may not be waived.
(3) The right to habilitation provided for in this part may not be waived.
(4) A respondent may knowingly and intentionally waive the respondent's rights only with the concurrence of the respondent's counsel, if any, or, if the respondent has no counsel, the respondent's parents, guardian, or other responsible person appointed by the court.
History: En. 38-1203 by Sec. 3, Ch. 468, L. 1975; R.C.M. 1947, 38-1203(3) thru (5); amd. Sec. 7, Ch. 381, L. 1991; amd. Sec. 6, Ch. 255, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-114. Appointment of responsible person

53-20-114. Appointment of responsible person.
(1) In a proceeding under this part, the court shall appoint a responsible person to protect the interests of the respondent if the court determines:
(a) that a conflict of interest may exist between the respondent and the respondent's parents or guardian;
(b) that the parents or guardian are unable to protect the interests of the respondent; or
(c) that the respondent has no parent or guardian.
(2) The responsible person may not be an employee of a residential facility.
(3) Only one person may be the responsible person within the meaning of this part.
(4) In appointing a responsible person, the court shall consider the preference of the respondent. The court may at any time, for good cause shown, change its designation of who is the responsible person.
(5) The appointment of the responsible person must terminate at the time of the resident's discharge from the residential facility. The appointment of the responsible person may not terminate during any period of conditional release from the facility.
History: En. 38-1202 by Sec. 2, Ch. 468, L. 1975; amd. Sec. 4, Ch. 37, L. 1977; amd. Sec. 1, Ch. 568, L. 1977; R.C.M. 1947, 38-1202(part); amd. Sec. 2, Ch. 485, L. 1979; amd. Sec. 7, Ch. 255, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-115. Repealed

53-20-115. Repealed.
Sec. 25, Ch. 381, L. 1991.
History: En. 38-1212 by Sec. 12, Ch. 468, L. 1975; R.C.M. 1947, 38-1212.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-116. Residential facility screening team member -- testimony at hearing

53-20-116. Residential facility screening team member -- testimony at hearing.
In a hearing held pursuant to this part, a member of the residential facility screening team may be required to testify with regard to a determination made by the residential facility screening team.
History: En. 38-1213 by Sec. 13, Ch. 468, L. 1975; R.C.M. 1947, 38-1213; amd. Sec. 8, Ch. 381, L. 1991; amd. Sec. 8, Ch. 255, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-117. Repealed

53-20-117. Repealed.
Sec. 25, Ch. 381, L. 1991.
History: En. 38-1214 by Sec. 14, Ch. 468, L. 1975; R.C.M. 1947, 38-1214.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-118. Venue for hearing

53-20-118. Venue for hearing.
(1) Except as provided in 53-20-129, hearings held pursuant to this part must be held in the district court for the district in which:
(a) the respondent resides; or
(b) the residential facility to which the respondent is committed or is to be committed is located.
(2) The cost of any hearing held pursuant to this part must be borne by the county where the respondent resides.
History: En. 38-1210 by Sec. 10, Ch. 468, L. 1975; R.C.M. 1947, 38-1210; amd. Sec. 9, Ch. 255, L. 1995; amd. Sec. 4, Ch. 252, L. 2007.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-119. Appeal procedure

53-20-119. Appeal procedure.
Any order issued by a court after a hearing held pursuant to any provision of this part may be appealed to the Montana supreme court in the same manner as for civil appeals generally.
History: En. 38-1211 by Sec. 11, Ch. 468, L. 1975; R.C.M. 1947, 38-1211.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-120. Repealed

53-20-120. Repealed.
Sec. 25, Ch. 381, L. 1991.
History: En. 38-1204 by Sec. 4, Ch. 468, L. 1975; R.C.M. 1947, 38-1204.