reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.4 - TANF Cash Assistance: Resources › Rule 37.78.406 - TANF: TANF CASH ASSISTANCE; INCOME DISREGARDS AND INCOME DEEMING

Current through Register Vol. 13, July 5, 2024
(1) This rule governs income disregards and
				deeming for purposes of TANF cash assistance.
(2) When testing countable monthly income and
				determining the amount of the assistance payment, the following amounts are
				subtracted in the order listed from the earned income of each wage earner in
				the assistance unit after exclusions provided in ARM
				37.78.415 and
				37.78.416:
(a) $200 of monthly earnings for each wage
				earner, except in the case of individuals whose income is deemed as described
				in (3);
(b) 25% of the remaining
				earned income after the disregards in (2)(a) have been applied;
(c) the cost of care for each working
				member's minor child or incapacitated adult for hours when the member is
				working or in employment and training activities, not to exceed $200 per month
				per child or incapacitated adult, but only if the minor child or incapacitated
				adult lives in the same household and is either a member of the assistance unit
				or would be a member of the assistance unit except for the fact that the minor
				child or incapacitated adult is receiving supplemental security income
				benefits.
(i) The cost of care incurred for
				the minor child or incapacitated adult in the budget month will be deducted.
				The amount deducted shall not include amounts incurred in months other than the
				budget month or amounts previously used to determine eligibility and benefit
				amount.
(d) One hundred
				percent of the countable earned income of each wage earner when the household
				is eligible for the TANF Cash Assistance Post-Employment Program.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.4 - TANF Cash Assistance: Resources › Rule 37.78.407 - TANF: TANF CASH ASSISTANCE; LIMITS ON DISREGARDS

Current through Register Vol. 13, July 5, 2024
(1) The income disregards in ARM
				37.78.406 are applicable without
				limit on the number of months they can be applied.
53-4-212,
					 MCA; IMP,
					 53-4-211,
					 53-4-601,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.4 - TANF Cash Assistance: Resources › Rule 37.78.415 - TANF: TANF CASH ASSISTANCE; EXCLUDED EARNED INCOME

Current through Register Vol. 13, July 5, 2024
(1) This rule governs excluded earned income
				for purposes of TANF cash assistance.
(2) In testing gross monthly income and in
				determining the monthly grant, the following earned income is to be excluded:
(a) the earned income of a minor child as
				defined in ARM
				37.78.103 who is attending
				elementary or high school;
(b)
				earned income tax credit (EITC) advance payments and refunds;
(c) payments to individuals in the Volunteers
				in Service to America program (VISTA) pursuant to Title I of P.L. 93-113,
				section 404 (g);
(d) all Workforce
				Investment Act (WIA) work experience income;
(e) all work-study earnings or payments
				received by a postsecondary student, regardless of the payment source;
				and
(f) all earned income received
				by a temporary census employee.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.4 - TANF Cash Assistance: Resources › Rule 37.78.420 - TANF: ASSISTANCE STANDARDS; TABLES; METHODS OF COMPUTING AMOUNT OF MONTHLY BENEFIT PAYMENT

Current through Register Vol. 13, July 5, 2024
(1) Income
				standards as set forth in this rule are used to determine whether need exists
				with respect to income for any person who applies for or receives TANF cash
				assistance or TANF cash assistance Post-Employment Program benefits and to
				determine the benefit amount the assistance unit will receive if eligible. Four
				sets of assistance standards are used which are as follows:
(a) The gross monthly income (GMI) standard
				sets the level of gross monthly income for each size assistance unit which
				cannot be exceeded if the assistance unit is to be eligible for TANF cash
				assistance.
(b) The net monthly
				income (NMI) standard is used to determine the GMI.
(c) The benefit standard sets the level of
				net countable income which cannot be exceeded if the assistance unit is to be
				eligible for assistance.
(d) The
				payment standard is used to determine the amount of the monthly cash payment in
				the TANF cash assistance program and is based on the size of the or TANF cash
				assistance Post-Employment Program benefits assistance unit, unless the
				household is receiving benefits through the TANF Cash Assistance
				Post-Employment Program. Payment standards in the Post-Employment Program are a
				set amount as defined in (4)(e). This amount is not based on household size.
				The household's net countable income is subtracted from the payment standard to
				determine the amount of the payment for the TANF case assistance unit. This
				amount is prorated for the month of application if eligibility is for less than
				a full month.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.4 - TANF Cash Assistance: Resources › Rule 37.78.421 - TANF: TANF CASH ASSISTANCE; LUMP SUM PAYMENTS

Current through Register Vol. 13, July 5, 2024
(1) This rule governs lump sum payments for
				purposes of TANF cash assistance.
(2) Lump sum payments are payments of a
				nonrecurring sum of earned or unearned income.
(3) The assistance unit may lose eligibility
				for one or more months if, when the lump sum payment is added to all other
				countable resources, the total exceeds the $3,000 resource limitation. The
				household will be ineligible as long as the total countable resources exceed
				the $3,000 resource limitation.
53-4-212,
					 MCA; IMP,
					 53-4-211,
					 53-4-601,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.4 - TANF Cash Assistance: Resources › Rule 37.78.423 - TANF: TANF CASH ASSISTANCE; PROTECTIVE PAYEE

Current through Register Vol. 13, July 5, 2024
(1)
				A protective payment plan shall be implemented when the caretaker relative has
				clearly demonstrated an inability or unwillingness to use the family's
				assistance payments to meet the basic needs of the minor children in the
				household, as determined by an employee of the division of the department which
				provides protective services to children.
(2) Selection of the protective payee will be
				made by the participant, or with the participant's participation and consent,
				to the extent possible. Selection of a protective payee may be made among
				relatives, friends of the family, the clergy, a community service group, a
				voluntary social service agency, or departmental staff. If it is in the best
				interest of the participant for a staff member of the Department of Public
				Health and Human Services to serve as protective payee, a staff member will be
				appointed. The selection of protective payees may not include:
(a) county commissioners;
(b) executive heads of the Department of
				Public Health and Human Services;
(c) persons determining financial eligibility
				for public assistance;
(d) special
				investigative or resource staff;
(e) staff handling fiscal
				processes;
(f) landlords;
(g) grocers or other vendors of goods or
				services dealing directly with the client.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.4 - TANF Cash Assistance: Resources › Rule 37.78.424 - TANF: RESTRICTIONS ON PAYMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				TANF program monthly payments are made directly to eligible persons for their
				own use except in cases of protective payees. TANF cash assistance payments are
				made either by check, direct deposit, or by placing benefits in an electronic
				benefit transfer (EBT) account. The check may not be mailed to the grantee in
				care of a creditor delivered through indirect representation. Payments may not
				be forwarded from one address to another.
(2) TANF payments, including but not limited
				to employment and training supportive services payments, are made directly to
				the participant, protective payee or vendor.
(3) The check may not be mailed to the
				grantee in care of a creditor or delivered through indirect
				representation.
(4) Payments may
				not be forwarded from one address to another.
53-4-212,
					 MCA; IMP,
					 53-4-211,
					 53-4-601,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.4 - TANF Cash Assistance: Resources › Rule 37.78.425 - TANF: NONFINANCIAL ASSISTANCE PAYMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-4-212,
					 MCA; IMP,
					 53-4-211,
					 53-4-601,
					 53-4-603,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.5 - TANF Cash Assistance: Program Violations and Sanctions › Rule 37.78.501 through 37.78.504 - Reserved

Current through Register Vol. 13, July 5, 2024
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.5 - TANF Cash Assistance: Program Violations and Sanctions › Rule 37.78.505 - TANF: TANF CASH ASSISTANCE; INTENTIONAL PROGRAM VIOLATION AND DISQUALIFICATION HEARINGS

Current through Register Vol. 13, July 5, 2024
(1) An intentional
				program violation (IPV) is a willful action which consists of:
(a) a false or misleading statement or a
				misrepresentation, concealment, or withholding of facts; or
(b) any other action intended to mislead,
				misrepresent, conceal, or withhold facts.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.5 - TANF Cash Assistance: Program Violations and Sanctions › Rule 37.78.506 - TANF: TANF CASH ASSISTANCE; SANCTIONS

Current through Register Vol. 13, July 5, 2024
(1) If
				any member of the assistance unit fails or refuses without good cause as
				defined in ARM
				37.78.508 to comply with an
				allowable work activity as defined in (8), or to provide verification and/or
				documentation of participation in the activities, a sanction will be imposed on
				the individual. The first sanction will result in the reduction of the monthly
				TANF Cash Assistance payment by an amount equal to one person's share of the
				payment for one month. The second sanction will result in case closure and the
				imposition of a one month ineligibility period against all individuals who are
				considered to be a TANF recipient in the household at the time of the sanction,
				all individuals who were required filing unit members at the time of the
				sanction or individuals who enter the household during the ineligibility period
				and who would have been a required filing unit member at the time of sanction.
				The third sanction will result in case closure and the imposition of a three
				month ineligibility period against all individuals who are considered to be a
				TANF recipient in the household at the time of the sanction, all individuals
				who were required filing unit members at the time of the sanction, or
				individuals who enter the household during the ineligibility period and who
				would have been a required filing unit member at the time of sanction. The
				fourth and subsequent sanctions will result in a six months ineligibility
				period against all individuals who are considered to be a TANF recipient in the
				household at the time of the sanction, all individuals who were required filing
				unit members at the time of the sanction, or individuals who enter the
				household during the ineligibility period and who would have been a required
				filing unit member at the time of sanction. The ineligibility period will
				follow the required filing unit members or individual(s) even if they move to
				another household and apply for benefits as part of that household, with the
				following exceptions:
(a) minor children who
				are removed from the household by Child and Family Services and who are
				determined eligible for child only TANF in another household; or
(b) minor children who are determined
				eligible for child only TANF in another household. This rule does not apply to
				households who are receiving TANF extended benefits as defined in ARM
				37.78.202. The imposition of a
				sanction ends the currently negotiated FIA/WoRC Employability Plan the last day
				of the penalty month. A sanction is considered imposed even if a fair hearing
				is requested and continued benefits are issued.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.5 - TANF Cash Assistance: Program Violations and Sanctions › Rule 37.78.507 - TANF: REPORTING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) All applicants
				for or participants in TANF Cash Assistance must report any change of address
				and any change in income, resources, household composition or other
				circumstances which may affect eligibility or benefit amount to the eligibility
				case manager as soon as possible, but in any event within ten calendar days
				after the applicant or participant has knowledge of the change.
53-4-212,
					 MCA; IMP,
					 53-4-211,
					 53-4-601,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.5 - TANF Cash Assistance: Program Violations and Sanctions › Rule 37.78.508 - TANF: TANF CASH ASSISTANCE; GOOD CAUSE

Current through Register Vol. 13, July 5, 2024
(1) A
				TANF Cash Assistance participant's failure to comply with employment and
				training activities, failure to comply with any requirement under a Family
				Investment Agreement/WoRC Employability Plan (FIA/EP), including providing
				verification of participation in employment and training activities outlined in
				the FIA/EP, or failure to accept and/or maintain employment shall not result in
				an adverse action, including sanctions, if good cause exists for the failure to
				comply or for the participant's actions. A TANF Cash Assistance participant's
				failure to provide financial or nonfinancial verification shall not result in
				an adverse action, including denial or closure of TANF benefits, if good cause
				exists for the participant's actions.
(2) The participant shall be given the
				opportunity to document good cause for failing to comply by providing and
				verifying information to the case manager regarding the alleged noncompliance
				and the reasons for the alleged failure to comply. If the information provided
				is not sufficient to prove good cause and it is determined the participant has
				failed to prove good cause for the noncompliance, appropriate adverse action
				will be taken, including the imposition of a sanction in accordance with ARM
				37.78.506 if
				appropriate.
(3) Good cause for
				failure to complete employment and training activities or comply with FIA/EP
				activities is limited to the following verified circumstances:
(a) temporary severe illness or incapacity of
				the participant for the duration of the illness or incapacity;
(b) temporary severe illness or incapacity of
				another household member sufficiently serious to require the presence of the
				participant for the duration of the illness or incapacity;
(c) death of an immediate family member
				within the 5th degree of kinship (up to a maximum of five working
				days);
(d) temporary inability to
				obtain necessary child care, through no fault of the participant;
(e) adverse weather conditions which make
				travel impossible or unreasonably dangerous;
(f) temporary lack of transportation in a
				case where the participant cannot reasonably be expected to walk or bicycle
				because of the distance or the participant's health or physical limitations;
(i) Transportation is considered to be
				available if the participant has the use of a private vehicle, has access to
				public transportation, or can ride with someone else, provided that a
				participant will not be required to accept a ride under circumstances which a
				reasonable person would consider dangerous or unsuitable.
(g) the individual is unable to comply due to
				a current domestic violence situation.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.6 - TANF Emergency Assistance › Rule 37.78.601 - EMERGENCY ASSISTANCE

Current through Register Vol. 13, July 5, 2024
(1) Financial
				assistance and/or services may be authorized to meet the emergency needs of a
				child under the age of 21, who lives with a specified relative as defined in
				ARM 37.78.207 or who is under age 18
				and has lived with a specified relative within the six months prior to the
				request date in a place of residence maintained by the relative as the child's
				home, in the following circumstances:
(a)
				where the emergency arises from an unforeseen event which was beyond the
				household's control, and which has caused or threatens to cause the destitution
				of the child; or
(b) where the
				emergency arises out of a situation identified by the department as involving
				abuse or neglect of the child.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.6 - TANF Emergency Assistance › Rule 37.78.602 - EMERGENCY ASSISTANCE PROCEDURES FOLLOWED IN DETERMINING ELIGIBILITY

Current through Register Vol. 13, July 5, 2024
(1) A household member or an employee or
				agent of the department may make a request for emergency assistance.
(2) Eligibility requirements for emergency
				assistance must be verified and documented.
(3) To receive emergency assistance, an
				applicant must show:
(a) that a child who is
				under the age of 21 is living with a relative specified in ARM
				37.78.207 or is under age 18 and
				has lived with a specified relative within six months of the date of the
				request in a place of residence maintained by the relative as the child's home;
				and
(b) that all requirements set
				forth in ARM
				37.78.601 have been met.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.6 - TANF Emergency Assistance › Rule 37.78.606 - TANF: TANF CASH ASSISTANCE; NEEDY PREGNANT WOMAN

Current through Register Vol. 13, July 5, 2024
(1) Cash assistance payments shall be
				provided to an otherwise eligible pregnant woman with no other children
				receiving assistance when the fact of pregnancy has been verified by a
				physician or the physician's designee, beginning the third month prior to the
				month in which the child is expected to be born.
53-2-201,
					 53-4-212,
					 MCA; IMP,
					 53-2-201,
					 53-4-211,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.8 - TANF Employment and Training › Rule 37.78.801 - TANF CASH ASSISTANCE EMPLOYMENT AND TRAINING: PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) These rules govern TANF cash assistance
				employment and training for persons who are participants in the TANF Cash
				Assistance Program and/or required to negotiate and comply with a FIA/WoRC
				Employability Plan (FIA/EP) as a condition of eligibility in the TANF Cash
				Assistance Programs as defined in ARM
				37.78.216.
53-4-212,
					 MCA; IMP,
					 53-2-201,
					 53-4-211,
					 53-4-601,
					 53-4-613,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.8 - TANF Employment and Training › Rule 37.78.806 - TANF CASH ASSISTANCE EMPLOYMENT AND TRAINING: PARTICIPATION

Current through Register Vol. 13, July 5, 2024
(1) All participants in the TANF Cash
				Assistance Program or the TANF Cash Assistance Post-Employment Program who are
				required to negotiate and comply with their FIA/WoRC Employability Plan
				(FIA/EP) as outlined in ARM
				37.78.216 are required to
				participate in allowable work activities as defined in ARM
				37.78.103 and
				37.78.807 and as provided in these
				rules. The above-named individuals must participate in allowable work
				activities as indicated in the FIA/EP if they are referred to the WoRC program
				for case management, or as indicated in their tribal NEW plan if they are
				referred to the tribal NEW program for case management.
(2) Some TANF allowable work activities may
				differ from community to community based on available resources. Participants
				may be placed in any activities available in their community.
53-4-212,
					 MCA; IMP,
					 53-2-201,
					 53-4-211,
					 53-4-601,
					 53-4-613,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.8 - TANF Employment and Training › Rule 37.78.807 - TANF CASH ASSISTANCE EMPLOYMENT AND TRAINING ACTIVITIES

Current through Register Vol. 13, July 5, 2024
(1) Participants in TANF Cash Assistance,
				regardless of whether they are members of a single-parent or two-parent family,
				may, in accordance with their WoRC employability plan, subject to availability
				in their community, participate in the following allowable work activities:
(a) paid employment or self employment. The
				hours counted for self employment beyond the first two months are the gross
				wages divided by minimum wage;
(b)
				work experience placement (WEX) as defined at ARM
				37.78.103;
(c) job search as defined at ARM 37.78.103.
				Job search is limited for each participant in each federal fiscal year by
				federal rule;
(d) community service
				as defined at ARM 37.78.103;
(e)
				vocational educational training as defined at ARM 37.78.103. Vocational
				educational training is limited in a lifetime for each participant by Personal
				Responsibility and Work Opportunity Reconciliation Act of 1996, Section
				407;
(f) job skills training
				directly related to employment as defined at ARM 37.78.103. Job skills training
				related to employment is limited to ten hours per week per individual for
				single parent households and five hours per week per individual for two parent
				households; and
(g) educational
				activities as defined at ARM 37.78.103;
(i)
				Educational activities are not limited for individuals under the age of 20 who
				do not have a high school diploma or GED.
(ii) Educational activities are limited for
				individuals 20 years of age or older to ten hours per week per individual for
				single parent households and five hours per week per individual for two parent
				households.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.8 - TANF Employment and Training › Rule 37.78.810 - TANF CASH ASSISTANCE EMPLOYMENT AND TRAINING: WORK EXPERIENCE PLACEMENT (WEX)

Current through Register Vol. 13, July 5, 2024
(1) "Work
				experience" means placement in a formal job site training experience that
				provides an individual with an opportunity to acquire the general skills,
				training, knowledge, and work habits necessary to obtain employment. All work
				experience placements have a detailed training plan. The main purpose of work
				experience is to improve the employability of those who cannot find
				unsubsidized employment. Other specific purposes of the work experience
				placement component are to:
(a) provide
				meaningful training for participants with little or no work history;
(b) provide an avenue for participants to
				earn a current recommendation; and
(c) provide participants with the skills to
				balance the demands of home and activities outside the home.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.8 - TANF Employment and Training › Rule 37.78.811 - TANF CASH ASSISTANCE EMPLOYMENT AND TRAINING: PARTICIPATION REQUIREMENTS FOR EDUCATIONAL ACTIVITIES

Current through Register Vol. 13, July 5, 2024
(1) A teen parent
				who is under 18, who has not completed high school or its equivalent or any
				other teen student referred to TANF employment and training must participate in
				educational activities unless the case manager designates or approves another
				activity.
(2) The determination of
				the appropriateness of educational activities is based on:
(a) results of the participant's available
				educational assessment;
(b) the
				participant's social and psychological history;
(c) availability of educational resources;
				and
(d) the employment goals of the
				participant specified in the employability plan.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.8 - TANF Employment and Training › Rule 37.78.812 - TANF: PARTICIPATION CRITERIA UNDER PARENTS AS SCHOLARS PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) The department will allow a maximum of 25
				TANF recipients to continue postsecondary education activities under the
				Parents as Scholars Program (PAS).
(2) Twenty-five slots will be available
				statewide. Slots will be awarded through an application process and regional
				lottery as described in the Temporary Assistance for Needy Families (TANF)
				policy manual, section 701-3(a). Once a slot has been awarded to a participant,
				the participant will be entitled to retain the slot as long as the participant
				continues to meet the PAS requirements outlined in (3).
(3) A TANF recipient is eligible to
				participate in PAS if the recipient:
(a)
				meets all basic eligibility requirements for TANF;
(b) is a full-time post secondary education
				student enrolled in an approved education program at least 12 credit hours each
				semester or 30 credit hours per year, or is a full-time high school student,
				General Equivalency Diploma (GED) student, or vocational training student as
				defined by the institution in which the participant is enrolled;
(c) is in an approved program whose course
				work will lead to a degree or certificate;
(d) does not have a baccalaureate degree or a
				certification in a field for which a degree or certificate was previously
				awarded;
(e) is enrolled full time
				in an approved educational program in a unit of the Montana university system
				as provided in
				20-25-201,
				MCA, or any other accredited college in Montana, or enrolled online with an
				accredited college whose credits are transferable in their entirety to an
				approved educational program in Montana, or is enrolled in an accredited high
				school or training program approved by the department by rule;
(f) maintains a cumulative GPA of 2.0 on a
				4.0 scale and provides verification of current GPA at the end of each semester
				as well as verification of registration for classes for the next semester with
				a minimum of 12 credits or is making satisfactory progress in accordance with
				the requirements of the institution the participant is attending;
(g) has developed a comprehensive plan for
				the completion of the course of study and the attainment of a degree or
				certificate, regardless of the number of months remaining on the individual's
				TANF time clock;
(h) has
				successfully completed 12 months of Short Term Training while on TANF and is in
				good standing with the educational program, unless enrolled as a full-time
				student in high school or a GED program; and
(i) maintains monthly face-to-face contact
				with the WoRC case manager and school counselor throughout the PAS
				participation period to ensure ongoing case management, compliance with FIA/EP
				requirements and satisfactory progress in educational activities outlined in
				the comprehensive plan.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.8 - TANF Employment and Training › Rule 37.78.817 - TANF CASH ASSISTANCE EMPLOYMENT AND TRAINING: TWO-PARENT FAMILIES PARTICIPATION AND OTHER REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-4-212,
					 MCA; IMP,
					 53-2-201,
					 53-4-211,
					 53-4-601,
					 53-4-613,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.8 - TANF Employment and Training › Rule 37.78.825 - TANF EMPLOYMENT AND TRAINING: POST-SECONDARY PARTICIPATION CRITERIA (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-4-212,
					 MCA; IMP,
					 53-2-201,
					 53-4-211,
					 53-4-601,
					 53-4-613,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.8 - TANF Employment and Training › Rule 37.78.826 - TANF CASH ASSISTANCE EMPLOYMENT AND TRAINING: REQUIREMENTS FOR SATISFACTORY PROGRESS IN EDUCATIONAL, WORK, AND TRAINING ACTIVITIES

Current through Register Vol. 13, July 5, 2024
(1) Satisfactory progress in educational
				activities must be made in accordance with the requirements of the institution
				the participant is attending.
53-4-212,
					 MCA; IMP,
					 53-2-201,
					 53-4-211,
					 53-4-601,
					 53-4-613,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.8 - TANF Employment and Training › Rule 37.78.830 - TANF EMPLOYMENT AND TRAINING: JOB SEARCH (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-4-212,
					 MCA; IMP,
					 53-2-201,
					 53-4-211,
					 53-4-601,
					 53-4-613,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.8 - TANF Employment and Training › Rule 37.78.831 - FAIM EMPLOYMENT AND TRAINING: ON-THE-JOB TRAINING (OJT) (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-4-212,
					 MCA; IMP,
					 53-2-201,
					 53-4-211,
					 53-4-601,
					 53-4-613,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.8 - TANF Employment and Training › Rule 37.78.832 - TANF CASH ASSISTANCE EMPLOYMENT AND TRAINING: SUPPORTIVE SERVICES

Current through Register Vol. 13, July 5, 2024
(1) Dependent upon available funding, money
				may be available to pay expenses that are, or may be, incurred in a benefit
				month, by a TANF cash assistance participant to comply with family investment
				agreement activities.
(2)
				Supportive services funds may not be used to pay for:
(a) any medical service or item; or
(b) fines of any type, including traffic,
				criminal, and library fines.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.8 - TANF Employment and Training › Rule 37.78.833 - TANF CASH ASSISTANCE POST-EMPLOYMENT PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) Households who are losing eligibility for
				TANF cash assistance due to the receipt of new or increased earned income may
				be eligible for no more than three months of assistance under the TANF Cash
				Assistance Post-Employment Program if:
(a)
				the household is losing TANF cash assistance eligibility due to new or
				increased earnings from employment of an individual who is currently receiving
				TANF cash assistance and the new or increased earned income was:
(i) reported within ten calendar days of the
				participant's knowledge of the change;
(ii) verified within ten calendar days from
				the request for verification;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.8 - TANF Employment and Training › Rule 37.78.836 - FAIM EMPLOYMENT AND TRAINING: GOOD CAUSE (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-4-212,
					 MCA; IMP,
					 53-2-201,
					 53-4-211,
					 53-4-601,
					 53-4-613,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.8 - TANF Employment and Training › Rule 37.78.837 - FAIM EMPLOYMENT AND TRAINING: SANCTIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-4-212,
					 MCA; IMP,
					 53-2-201,
					 53-4-211,
					 53-4-601,
					 53-4-613,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.8 - TANF Employment and Training › Rule 37.78.838 - FAIM EMPLOYMENT AND TRAINING: FAIR HEARING PROCEDURE (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-4-212,
					 MCA; IMP,
					 53-2-201,
					 53-4-211,
					 53-4-601,
					 53-4-613,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.10 - FAIM Food Stamp Program › Rule 37.78.1001 - FAIM FOOD STAMP PROGRAM: PURPOSE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 53-2-201,
					 53-2-901,
					 MCA IMP:
					 53-2-901,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.10 - FAIM Food Stamp Program › Rule 37.78.1002 - FAIM FOOD STAMP PROGRAM: DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 53-2-201,
					 53-2-901,
					 MCA IMP:
					 53-2-901,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.10 - FAIM Food Stamp Program › Rule 37.78.1005 - FAIM FOOD STAMP PROGRAM: DETERMINING ELIGIBILITY AND BENEFIT AMOUNT (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 53-2-201,
					 53-2-901,
					 MCA IMP:
					 53-2-901,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.10 - FAIM Food Stamp Program › Rule 37.78.1006 - FAIM FOOD STAMP PROGRAM: REPORTING AND VERIFICATION REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 53-2-201,
					 53-2-901,
					 MCA IMP:
					 53-2-901,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.10 - FAIM Food Stamp Program › Rule 37.78.1010 - FAIM FOOD STAMP PROGRAM: STANDARD UTILITY ALLOWANCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 53-2-201,
					 53-2-901,
					 MCA IMP:
					 53-2-901,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.10 - FAIM Food Stamp Program › Rule 37.78.1011 - FAIM FOOD STAMP PROGRAM: RESOURCES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 53-2-201,
					 53-2-901,
					 MCA IMP:
					 53-2-901,
					 53-2-904,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.10 - FAIM Food Stamp Program › Rule 37.78.1012 - FAIM FOOD STAMP PROGRAM: DEPENDENT CARE DEDUCTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 53-2-201,
					 53-2-901,
					 MCA IMP:
					 53-2-901,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.10 - FAIM Food Stamp Program › Rule 37.78.1013 - FAIM FOOD STAMP PROGRAM: UNEARNED INCOME EXCLUSIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 53-2-201,
					 53-2-901,
					 MCA IMP:
					 53-2-901,
					 53-2-904,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.10 - FAIM Food Stamp Program › Rule 37.78.1014 - FAIM FOOD STAMP PROGRAM: EMPLOYMENT-RELATED PAYMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 53-2-201,
					 53-2-901,
					 MCA IMP:
					 53-2-901,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.79 - HEALTHY MONTANA KIDS (HMK) › Subchapter 37.79.1 - General Provisions › Rule 37.79.101 - HEALTHY MONTANA KIDS (HMK) PLAN

Current through Register Vol. 13, July 5, 2024
(1) The rules
				in this chapter implement the Healthy Montana Kids Plan to provide
				comprehensive health care coverage to Montana residents who are 18 years of age
				or younger residing in households with a combined family income at or below
				250% of the federal poverty level (FPL). There is no resource test, as that
				term is used in
				53-6-113
				and
				53-6-131,
				MCA, to qualify to participate in the Healthy Montana Kids Plan.
(2) The Healthy Montana Kids Plan has two
				health care coverage groups, Healthy Montana Kids (HMK) and Healthy Montana
				Kids Plus (HMK Plus). The coverage group an applicant is eligible for is
				determined by the combined family income.
(a)
				Qualified residents residing in households with income at or below 250% of the
				FPL but greater than 133% of the FPL qualify for the HMK coverage group. The
				HMK coverage group is a public benefit program administered by the department
				through a third party administrator. HMK enrollees have health care coverage to
				the extent described in this chapter. HMK providers are members of a provider
				network reimbursed at rates agreed to by contract. The provisions of this
				chapter apply to HMK enrollees. The provisions of 42 USC §139 d(r)(5)
				regarding services provided for early and periodic screening, diagnosis and
				treatment (EPSDT) purposes do not apply to the HMK coverage group.
(b) Qualified residents residing in
				households with income at or below 133% of the FPL qualify for the HMK Plus
				coverage group. The HMK Plus coverage group is the term used to identify the
				Montana Medicaid program for Montana residents 18 years of age or younger. HMK
				Plus enrollees have health care coverage to the extent provided by Montana
				Medicaid. HMK Plus providers are reimbursed at Montana Medicaid rates. The
				provisions of this chapter and Title 37, chapters 82, 83, 85, 86, and 88 apply
				to HMK Plus.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.79 - HEALTHY MONTANA KIDS (HMK) › Subchapter 37.79.1 - General Provisions › Rule 37.79.102 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in this subchapter, unless expressly provided
				  otherwise, the following definitions apply:
(1) "Advanced practice registered nurse
				(APRN)" means a registered professional nurse who has completed educational
				requirements related to the nurse's specific practice role, in addition to
				basic nursing education, as specified by the Board of Nursing in ARM
				24.159.1414.
(2) "Ambulance services" means all mileage,
				services, procedures, and supplies provided by a licensed ambulance
				provider.
(3) "Applicant" means an
				individual under the age of 19 years who applied for the HMK Plan benefits or
				whose parent or guardian applied for the HMK Plan benefits on the individual's
				behalf.
(4) "Benefits" means the
				services an enrollee is eligible to receive. The HMK coverage group benefits
				are stated in its Evidence of Coverage. All benefits are provided to an
				enrollee through the department.
(5) "Benefit year" means:
(a) for medical and mental health, the period
				from October 1 through September 30 for those enrolled in the HMK coverage
				group. If an individual is enrolled in the HMK coverage group after October 1,
				the benefit year is the period from the date of enrollment through the
				following September 30.
(b) for
				dental, the period from July 1 through June 30 for those enrolled in the HMK
				coverage group. If an individual is enrolled in the HMK coverage group after
				July 1, the benefit year is the period from the date of enrollment through the
				following June 30.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.79 - HEALTHY MONTANA KIDS (HMK) › Subchapter 37.79.1 - General Provisions › Rule 37.79.106 - ELECTRONIC APPLICATIONS AND SIGNATURES

Current through Register Vol. 13, July 5, 2024
(1)
				The HMK Plan will accept electronic applications and signatures. Electronic
				signatures are allowed in compliance with the requirements of ARM Title 30,
				chapter 18, subchapters 106, 117, and 122 to the extent those provisions are
				not inconsistent with this subchapter.
53-4-1004,
					 53-4-1009,
					 53-4-1105,
					 MCA; IMP,
					 53-4-1003,
					 53-4-1004,
					 53-4-1009,
					 53-4-1104,
					 53-4-1105,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.79 - HEALTHY MONTANA KIDS (HMK) › Subchapter 37.79.1 - General Provisions › Rule 37.79.110 - PROCESS FOR IDENTIFYING AND APPROVING ENROLLMENT PARTNERS

Current through Register Vol. 13, July 5, 2024
(1) The following entities are qualified to
				be enrollment partners:
(a) a licensed or
				certified health care provider;
(b)
				a school district;
(c) a
				community-based organization;
(d) a
				government agency; and
(e) provider
				associations.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.79 - HEALTHY MONTANA KIDS (HMK) › Subchapter 37.79.1 - General Provisions › Rule 37.79.115 - ACTIVE ENROLLMENT PROCESS

Current through Register Vol. 13, July 5, 2024
(1) The
				department will promote the HMK Plan through a combination of traditional
				marketing methods and social marketing. The department will develop and
				maintain an enrollment partner network to encourage, assist, and actively
				enroll children in the plan.
(2) An
				individual may apply for the HMK Plan coverage group, HMK, or HMK Plus at any
				time and, if qualified, will be enrolled in the appropriate program. The
				department will process applications based upon the date of receipt. The
				department will enroll eligible children in the appropriate HMK Plan group
				based upon the respective program guidelines. An application may be submitted
				to the HMK Plan office, or any county public assistance office, or an
				enrollment partner.
53-4-1105,
					 MCA; IMP,
					 53-4-1104,
					 53-4-1105,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.79 - HEALTHY MONTANA KIDS (HMK) › Subchapter 37.79.1 - General Provisions › Rule 37.79.117 - PRESUMPTIVE ELIGIBILITY

Current through Register Vol. 13, July 5, 2024
(1) A family
				applies for a period of presumptive eligibility (PE), defined as temporary
				enrollment in the HMK coverage group not to exceed two consecutive calendar
				months within a 12-month period, for all of their uninsured children less than
				19 years of age.
(a) To apply for PE, a
				parent or guardian submits a PE application to a qualified entity (QE).
(i) The parent or guardian must complete the
				entire PE application and sign it as indicated.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.79 - HEALTHY MONTANA KIDS (HMK) › Subchapter 37.79.1 - General Provisions › Rule 37.79.120 - MOVEMENT BETWEEN HMK AND HMK PLUS

Current through Register Vol. 13, July 5, 2024
(1) The
				HMK Plan is available to all Montana residents who are 18 years of age or
				younger and live in households with a combined family income at or below 250%
				of the federal poverty level (FPL). The HMK Plan provides for two coverage
				groups, HMK and HMK Plus. The HMK coverage group is available to qualified
				residents who reside in households with a combined family income between 134%
				and 250% of the FPL. A waiting list may apply to this program. The HMK Plus
				coverage group is available to qualified residents who reside in households
				with a combined family income between 0 and 133% of the FPL.
(2) The HMK and HMK Plus coverage groups
				provide an eligible enrollee 12 months continuous coverage that begins on the
				first day of the month in which the application is received. ARM
				37.79.503 states eligibility
				determination procedures for the HMK coverage group. ARM
				37.82.204 states eligibility
				determination procedures for the HMK Plus coverage group.
53-4-1105,
					 MCA; IMP,
					 53-4-1104,
					 53-4-1105,
					 53-4-1110,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.79 - HEALTHY MONTANA KIDS (HMK) › Subchapter 37.79.1 - General Provisions › Rule 37.79.125 - POINT OF ACCESS

Current through Register Vol. 13, July 5, 2024
(1) The department
				developed a combined Healthy Montana Kids Plan application for the HMK and HMK
				Plus coverage groups.
(2) The
				department will accept and determine eligibility for all applications for
				children's health coverage provided by the HMK Plan. Applications may be
				submitted directly to the Healthy Montana Kids Plan office or any county office
				of public assistance (OPA), or to an enrollment partner who will forward it to
				the Healthy Montana Kids Plan office. Department staff will coordinate
				eligibility determination activities to enroll eligible children in the
				appropriate HMK Plan coverage group.
53-4-1105,
					 MCA; IMP,
					 53-4-1104,
					 53-4-1105,
					 MCA;