reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.157 - ADULT FOSTER CARE HOMES (AFCH): THIRD PARTY PROVIDERS

Current through Register Vol. 13, July 5, 2024
(1) It is recognized that residents may
				require temporary in-home services from third party providers. The following
				third party services are allowed in an AFCH:
(a) If the provider who is the only service
				provider in the home becomes temporarily incapacitated for two weeks or less, a
				home attendant, personal care attendant, or other qualified person may come
				into the home to provide the needed services.
(b) If a resident's practitioner prescribes
				temporary in-home skilled nursing services for less than 30 days to prevent the
				resident's hospital confinement, skilled nursing services may be provided in
				the AFCH for a period not to exceed 30 days.
(c) If a current resident requires hospice
				services, such services may be provided in the AFCH for an indefinite
				period.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.161 - ADULT FOSTER CARE HOMES (AFCH): RESIDENT'S FUNDS

Current through Register Vol. 13, July 5, 2024
(1) Residents must have access to and use of
				their personal funds. Exceptions are subject to provisions of the resident's
				case plan.
(2) A provider may
				handle a resident's finances only if no other responsible person is available
				and willing to do so.
(a) The maximum value
				of money accepted by the provider for safekeeping must not exceed $100.00 per
				resident.
(b) A resident's funds
				must be kept separate and apart from all funds and monies of the provider and
				treated as a trust obligation of the provider.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.162 - ADULT FOSTER CARE HOMES (AFCH): RESIDENT AGREEMENT

Current through Register Vol. 13, July 5, 2024
(1) The provider must enter into a written
				agreement with the prospective resident or the resident's legal representative
				prior to admission to the home. The provider must give the prospective resident
				or the resident's legal representative a copy of the agreement and must explain
				the agreement in full. The agreement must include at least the following items:
(a) a statement explaining light custodial
				care provided to the resident, as well as the limitations of an AFCH;
(b) a statement describing specific services
				the AFCH will provide;
(c) a
				statement describing transportation of the resident to and from medical
				appointments and activities;
(d) a
				statement explaining the resident's responsibilities including, but not limited
				to house rules, the grievance policy, and policy regarding pets;
(e) a statement explaining specific charges
				that will be made to the resident for care and an itemized statement of what
				expenses in addition to the cost for care will be charged to the resident
				including fines, penalties, or late fees that will be assessed against the
				resident;
(f) a statement that the
				agreed-upon provider rate will not be changed unless 30 days advance written
				notice is given to the resident or resident's legal representative, or
				both;
(g) criteria for requiring
				transfer or discharge of the resident;
(h) the provider's policy for refunding
				payment in the event of the resident's absence, discharge, or transfer from the
				AFCH and the provider's policy for refunding security deposits; and
(i) signature of AFCH provider, resident, and
				legal representative.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.165 - ADULT FOSTER CARE HOMES (AFCH): GENERAL REQUIREMENTS FOR PROVIDERS AND STAFF

Current through Register Vol. 13, July 5, 2024
(1) Providers and staff must be at least 18
				years of age or older.
(2)
				Providers and staff must be in good physical and mental health.
(3) An applicant, provider, staff, and each
				adult living in the AFCH must complete a "personal statement of health for
				licensure" form provided by the department. Forms must be submitted to the
				department with the initial application for licensure or application for
				license renewal.
(4) The department
				may request an evaluation of the applicant, provider, staff, or any person
				living in the home if there are grounds to believe they have engaged in
				behaviors which may place residents at risk of harm.
(5) An applicant, provider, staff, or any
				adult living in the home must complete a "release of information" form provided
				by the department to conduct a criminal, protective services, and, if
				applicable, a tribal criminal and protective services background
				check.
(6) No individual in the
				AFCH may pose a risk to the safety and well-being of the residents.
(7) A provider must maintain a current
				CPR/First-Aid Certification.
(a) Staff must
				obtain a current CPR/First-Aid Certification within 30 days of hire.
				Certification must be kept current.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.170 - ADULT FOSTER CARE HOMES (AFCH): GRIEVANCES

Current through Register Vol. 13, July 5, 2024
(1) The provider must have a written
				grievance policy which outlines the procedures to be followed by a resident in
				presenting a grievance to the family concerning his care in the home.
(2) A resident's written grievance report
				must be maintained in the resident's record.
(3) The report must include the nature of the
				complaint, the date of the complaint, and a statement indicating how the issue
				was resolved.
50-5-103,
					 50-5-215,
					 MCA; IMP,
					 50-5-103,
					 50-5-215,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.171 - ADULT FOSTER CARE HOMES (AFCH): COMMUNICABLE DISEASE CONTROL

Current through Register Vol. 13, July 5, 2024
(1) The AFCH must develop and implement an
				infection prevention and control program. At a minimum:
(a) The provider will develop, implement, and
				review, at least annually, written policies and procedures regarding infection
				prevention and control which must include, but not be limited to, procedures to
				identify high-risk individuals and what methods are used to protect, contain,
				or minimize the risk to residents, staff, and visitors.
(b) The provider is responsible for the
				direction, provision, and quality of infection prevention and control
				services.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.172 - ADULT FOSTER CARE HOMES (AFCH): PETS

Current through Register Vol. 13, July 5, 2024
(1) When
				pets are kept on the premises, the provider must write and adhere to procedures
				for their care and maintenance. The AFCH will consult with the local health
				department and care for all pets as recommended by them.
(2) When animals are kept at the AFCH, the
				following conditions must be met:
(a) proof
				of current vaccinations must be kept on file at the AFCH;
(b) pets not confined in enclosures must be
				under control;
(c) pets must not
				present a danger to residents, staff, or visitors;
(d) pets may not be permitted in food
				preparation, storage, or dining areas during meal preparation time or during
				meal service or in an area where their presence would create a significant
				health or safety risk to others; and
(e) caregivers and residents must wash their
				hands after handling animal food and animal waste.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.175 - ADULT FOSTER CARE HOMES (AFCH): PROHIBITED PRACTICES

Current through Register Vol. 13, July 5, 2024
(1) An AFCH must not subject any resident to
				restraint, isolation, corporal punishment, personal humiliation, or the
				withholding of meals, water, clothing, mail, or visits.
(2) A provider, staff, or any person living
				in the home is prohibited from providing skilled nursing care except as
				provided for in ARM
				37.100.136.
(3) Licensed day care services provided to
				adults or children cannot be provided in the AFCH.
(4) Foster care services to children cannot
				be provided in the AFCH with the following exceptions:
(a) the AFCH resident lived in the home prior
				to the age of 18;
(b) services are
				provided pending adoption as defined in
				41-1-103, MCA;
				or
(c) kinship foster care provided
				pursuant to
				52-2-602,
				MCA.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.3 - Community Homes for Persons with Developmental Disabilities › Rule 37.100.301 - COMMUNITY HOMES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES: PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of these rules is to
				establish licensing requirements for community homes for developmentally
				disabled persons.
(2) The purpose
				of a community home is to provide a family-oriented, home-like residence and
				related residential services to persons with developmental disabilities so as
				to enable those persons to enjoy a manner of living that is as close as
				possible to that considered to be normal in the community.
(3) Residents will reside in the least
				restrictive environment. Intervention will be the least intrusive into, and the
				least disruptive of, the person's life and represent the least departure from
				normal patterns of living that can be effective in meeting developmental needs.
				The person's developmental needs will be met through domiciliary services,
				personal-social assistance and program plans and training. Residents will be
				encouraged to engage in meaningful activity, to develop techniques to become
				increasingly more independent, and to interact with the community in which they
				reside.
Sec.
					 53-20-305,
					 MCA; IMP, Sec.
					 53-20-305,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.3 - Community Homes for Persons with Developmental Disabilities › Rule 37.100.302 - COMMUNITY HOMES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES: DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For purposes of this subchapter, the following definitions
				  apply:
(1) "Applicant" means a
				non-profit or state-operated entity which has completed and submitted to the
				department a license application/renewal request for the operation of a
				community home for persons with developmental disabilities.
(2) "Community home" means a family-oriented
				residence or home designed to provide facilities for persons with developmental
				disabilities, as defined in
				53-20-302,
				MCA.
(3) "Community home staff"
				means those persons employed by a provider to directly participate in the care,
				supervision and guidance of the residents in a community home for persons with
				developmental disabilities.
(4)
				"Department" means the department of public health and human
				services.
(5) "Developmentally
				disabled person" means a person who has a developmental disability as defined
				in
				53-20-202(3),
				MCA.
(6) "Habilitation" means the
				process by which the staff assists developmentally disabled persons to acquire
				and maintain skills, to enable them to cope with their own demands, and to
				raise the level of their physical, mental and social functioning.
(7) "Individual habilitation plan (IHP) "
				means a written plan of intervention and action developed as provided for in
				ARM 46.8.105 by an interdisciplinary team of persons on the basis of a skill
				assessment and determination of the status and the needs of a developmentally
				disabled person.
(8) "Provider"
				means the person, corporation or other entity furnishing community home
				services to developmentally disabled persons.
(9) "Resident" means a developmentally
				disabled person who lives in and receives services from a community
				home.
(10) "Training" means an
				organized program for assisting developmentally disabled persons in acquiring,
				improving or maintaining particular skills.
Sec.
					 53-20-305,
					 MCA; IMP, Sec.
					 53-20-305,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.3 - Community Homes for Persons with Developmental Disabilities › Rule 37.100.307 - COMMUNITY HOMES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES: LICENSE REQUIRED

Current through Register Vol. 13, July 5, 2024
(1) The department
				will issue a license for a community home to any license applicant meeting
				requirements established by these rules. However, the department may waive in
				whole or in part procedures for verifying compliance with the requirements of
				these rules upon receiving written documentation that:
(a) another state agency has already licensed
				or otherwise approved the operation of the community home, or
(b) a national or state recognized
				certification process has already been completed and has resulted in
				certification, accreditation, or other approval of the operation of the
				community home.
(c) Waiver of
				procedures for checking compliance as provided in this subsection may occur
				only where procedures proposed to be waived are clearly already provided for in
				the accreditation or approval process relied on by the licensing
				representative. Waiver of procedures must not result in the reduction of
				standards imposed through licensing requirements.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.3 - Community Homes for Persons with Developmental Disabilities › Rule 37.100.308 - COMMUNITY HOMES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES: LICENSING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) An applicant
				shall apply for a community home license prior to the operation of such home or
				to the expiration of a current license. Application shall be made to the
				department upon forms provided by the department.
(2) The department will upon receipt of the
				application, conduct a study and evaluation of the applicant.
(3) If the department determines that an
				application or accompanying information is incomplete or erroneous, the
				applicant will be notified of the specific deficiencies or errors and shall
				submit the required or corrected information within 60 days. The department
				will not issue a license until it receives all required information.
(4) Each applicant shall promptly report to
				the department changes which would affect the current accuracy of information
				provided on the application.
(5)
				The department may waive in whole or in part the requirements of (2) of this
				rule, and/or any other procedures for checking compliance with the requirements
				of this subchapter, based on a proper waiver of such procedures under (1) of
				ARM 37.100.307.
Sec.
					 53-20-305,
					 MCA; IMP, Sec.
					 53-20-305,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.3 - Community Homes for Persons with Developmental Disabilities › Rule 37.100.312 - COMMUNITY HOMES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES: LICENSE REVOCATION, DENIAL OR SUSPENSION

Current through Register Vol. 13, July 5, 2024
(1) The
				department may deny, revoke or suspend a community home license by written
				notification to the provider if the department determines that:
(a) the facility is not in compliance with
				fire safety requirements as evidenced in writing by the state fire marshal;
				or
(b) the program is not in
				substantial compliance with health rules or any other licensing requirements
				established by this subchapter; or
(c) the provider has made misrepresentations
				to the department, either negligent or intentional, regarding any aspect of its
				operations or facility.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.3 - Community Homes for Persons with Developmental Disabilities › Rule 37.100.313 - COMMUNITY HOMES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES: PERSONS AFFECTED BY DEPARTMENT RECORDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-4-201
					 and
					 53-20-305,
					 MCA; IMP, Sec.
					 2-4-201
					 and
					 53-20-305,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.3 - Community Homes for Persons with Developmental Disabilities › Rule 37.100.316 - FAIR HEARING

Current through Register Vol. 13, July 5, 2024
(1) Any person,
				corporation or other entity aggrieved by an adverse department action denying,
				revoking or suspending a license may request a fair hearing in accordance with
				ARM 37.5.304,
				37.5.305,
				37.5.307,
				37.5.310,
				37.5.311,
				37.5.313,
				37.5.316,
				37.5.318,
				37.5.322,
				37.5.325,
				37.5.328,
				37.5.331,
				37.5.334 and
				37.5.337.
(2) The provider shall cease operation of the
				community home pending the fair hearing in those instances where the revocation
				or suspension of the license is based upon actions that the department has
				determined are imminent life or health endangering situations.
Sec.
					 53-20-305,
					 MCA; IMP, Sec.
					 53-20-305,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.3 - Community Homes for Persons with Developmental Disabilities › Rule 37.100.320 - COMMUNITY HOMES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES: FIRE, HEALTH AND SAFETY CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) Community
				homes are required by the Montana department of justice to comply with the fire
				safety requirements and procedures found in ARM
				23.7.110. A community home must
				comply with the certification requirements of ARM
				23.7.110 to obtain licensure, and
				during licensure, the community home must remain current on its fire safety
				certification under ARM 23.7.110.
(2) A community home will only be licensed by
				the department if there is written certification from the local or state health
				authority that the home meets the following requirements:
(a) For an adequate and potable water supply,
				a community home must:
(i) connect to a
				public water supply system approved by the department of environmental quality;
				or
(ii) for community homes
				utilizing a non-public water system, the department hereby adopts and
				incorporates by reference the following circulars prepared by the department of
				environmental quality:
(A) circular #11 for
				springs;
(B) circular #12 for water
				wells;
(C) circular #17 for
				cisterns;
(D) the circulars
				mentioned in (A), (B) and (C) set forth the relevant water quality standards
				and are available from the Department of Environmental Quality, 1520 East Sixth
				Avenue, Helena, Montana 59620.
(iii) if a non-public water supply is used,
				submit a water sample for analysis at least quarterly to a laboratory licensed
				by the department of environmental quality;
(iv) repair or replace the water system when
				the supply:
(A) contains microbiological
				contaminants; or
(B) does not have
				the capacity to provide adequate water for drinking, cooking, personal hygiene,
				laundry, and water carried waste disposal.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.3 - Community Homes for Persons with Developmental Disabilities › Rule 37.100.321 - COMMUNITY HOMES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES: PHYSICAL SITE REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The community
				home shall be located to facilitate the use of community resources. If the home
				is not within walking distance of community shopping, recreational and other
				community services; transportation shall be available at no cost or an
				affordable cost to the resident.
(2) The design, construction and furnishings
				of the home shall be home-like and encourage a personalized atmosphere for
				residents.
(3) Each bedroom shall
				be limited to not more than three persons and shall include:
(a) floor to ceiling walls;
(b) one door which can be closed to allow
				privacy for residents;
(c) a
				minimal clear floor space of 7 feet x 9 feet shall be provided for a single
				bedroom; 13 feet x 9 feet for a double room; and 13 feet x 17 feet for a
				three-bed room. The space does not include closet space; and
(d) at least one window which can be
				opened.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.3 - Community Homes for Persons with Developmental Disabilities › Rule 37.100.322 - COMMUNITY HOMES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES: STAFFING; STAFF RESPONSIBILITIES AND QUALIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) The provider shall have a sufficient
				number of appropriately qualified staff to supervise, care for, and train
				residents.
(2) There shall be a
				minimum of one staff person present who is directly responsible for resident
				care and activities when any resident is in the home. This requirement is not
				applicable if the resident or residents present in the home have been
				determined by their individual habilitation planning team to be competent in
				self-care in such situations.
(3)
				There shall be a minimum of one appropriately trained person who is directly
				responsible for planning, implementing and reviewing each community home
				service and residents' program.
(4)
				The provider shall employ no staff person who has impairments to his/her
				ability to protect the health and safety of the residents or who would endanger
				the physical or psychological well being and progress of the
				residents.
(5) The provider shall
				provide an orientation for each new employee during the first week of
				employment. This orientation shall include familiarization with the residents
				and the rules of the home, behavior deceleration programs, medical concerns of
				clients and emergency procedures.
(6) The provider shall provide training for
				each new employee within the first 30 days of employment. This training shall
				include:
(a) familiarization with the
				residents and the community home's philosophy, organization, policies,
				activities, programs, practices and goals;
(b) first aid, emergency procedures and
				accident prevention techniques;
(c)
				the implementation of the normalization principle;
(d) knowledgeably and tactfully dealing with
				residents, relatives or guardians and visitors;
(e) meeting needs of residents through care,
				supervision, and training skills;
(f) attaining skill areas in which the
				employee has not reached the level of competence for the job;
(g) description of duties, responsibilities,
				limitations of authority and principal measures of accountability and
				performances;
(h) rights of
				residents which include at a minimum those rights as defined by the client's
				rights policy of the developmental disabilities program of the department of
				public health and human services (DD 441) ; and
(i) aversive and deprivation procedures
				policy as defined by the developmental disabilities program of the department
				of public health and human services (DD 442).
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.3 - Community Homes for Persons with Developmental Disabilities › Rule 37.100.325 - COMMUNITY HOMES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES: RESIDENT SUPPLIES AND EQUIPMENT

Current through Register Vol. 13, July 5, 2024
(1) The provider
				shall provide the following:
(a) a separate
				bed of proper size and height for the resident;
(b) clean, comfortable mattress and
				appropriate bedding which shall be changed as needed and at least once a
				week;
(c) appropriate furnishings
				for storage of personal belongings, i.e., a chest of drawers;
(d) access to a mirror;
(e) curtains or window shades which provide
				privacy;
(f) tables, chairs, sofas,
				lamps and other furnishings in a common living area for family-like comfort and
				use;
(g) at least two towels and
				wash cloths per resident, which are changed as needed and at least twice a
				week; and
(h) personal supplies and
				other hygienic necessities whenever the resident does not have the ability to
				provide these supplies.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.3 - Community Homes for Persons with Developmental Disabilities › Rule 37.100.330 - COMMUNITY HOMES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES: RIGHTS

Current through Register Vol. 13, July 5, 2024
(1) Intervention for the purposes of training
				shall be the least intrusive into, and the least disruptive of, the person's
				life and represent the least departure from normal patterns of living that can
				be effective in meeting developmental needs.
(2) The residents shall not be subjected to
				treatment of a manner which:
(a) includes
				abuse or neglect; and/or
(b) limits
				individual rights without due process.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.3 - Community Homes for Persons with Developmental Disabilities › Rule 37.100.331 - COMMUNITY HOMES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES: HEALTH CARE

Current through Register Vol. 13, July 5, 2024
(1) The provider shall assure each individual
				of appropriate health care by providing or arranging for:
(a) a primary physician for each resident to
				provide for health needs;
(b) at
				least an annual health check-up;
(c) a primary dentist for each resident for
				at least annual check-ups;
(d)
				family planning, counseling, mental health and other consultation when
				appropriate;
(e) medication
				administration through the procedures listed in
				53-20-204(2),
				MCA, and as prescribed;
(f)
				modified and therapeutic diets as prescribed;
(g) procedures for the detection of signs of
				injury, disease, abuse and emergency medical care;
(h) drinking water throughout each
				day;
(i) a variety of foods which
				meet the nutritional needs of the residents adjusted for age, sex and
				activity;
(j) developing, reviewing
				and recording weekly menus of meals served;
(k) adequate meals in a family style manner,
				as appropriate to the individual residents, three times a day;
(l) snacks at appropriate times each
				day;
(m) a shower or tub bath daily
				at the most independent level possible and with due regard for
				privacy;
(n) residents to brush
				their teeth daily; and
(o) written
				procedures for emergency medical care.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.3 - Community Homes for Persons with Developmental Disabilities › Rule 37.100.335 - COMMUNITY HOMES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES: RESIDENT'S MONEY AND PERSONAL PROPERTY

Current through Register Vol. 13, July 5, 2024
(1) The
				provider shall insure that the resident's personal money and personal property
				is not appropriated or misused by any other person or by the provider and its
				staff.
(2) The provider is
				responsible for the accurate preparation and maintenance of a written record of
				each resident's personal property and personal money.
(3) The provider will keep a current monthly
				record of each resident's income and sources of income. The monthly expenses,
				including room and board, for the provider will be determined at the time of
				admission and will be shown monthly as a deduction from the resident's income
				received.
Sec.
					 53-20-305,
					 MCA; IMP, Sec.
					 53-20-305,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.3 - Community Homes for Persons with Developmental Disabilities › Rule 37.100.340 - COMMUNITY HOMES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES: RECORD KEEPING

Current through Register Vol. 13, July 5, 2024
(1) The provider
				shall maintain a written record at the community home for each resident which
				shall include detailed administrative, training, and educational data. The
				resident's record shall include at least the following:
(a) name, sex, birthdate, address,
				parents/relatives, guardianship, other vital statistics, admission and
				discharge;
(b) nature of the
				resident's difficulties;
(c)
				services needed by the resident and his/her family;
(d) the treatment plan, goals of the plan,
				and anticipated duration of treatment and training;
(e) measures taken to implement the plan,
				i.e. individual training programs;
(f) evaluation of the services the resident
				received;
(g) health records,
				psychiatric and psychological reports, educational information, assessments,
				official documentation and financial arrangements including resident's income
				and expenditures related to services provided to resident;
(h) resident's activities and incident
				reports;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.4 - Community Homes for Persons with Physical Disabilities › Rule 37.100.401 - COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of these rules is to
				establish licensing requirements for community homes for physically disabled
				persons.
(2) The purpose of a
				community home is to provide a family-oriented, home-like residence and related
				residential services to persons with physical disabilities so as to enable
				those persons to enjoy a manner of living that is as close as possible to that
				considered to be normal in the community.
(3) Residents will reside in the least
				restrictive environment. Intervention will be the least intrusive into, and the
				least disruptive of, the person's life and represent the least departure from
				normal patterns of living that can be effective in meeting the resident's
				needs. The resident's needs will be met through domiciliary services,
				personal-social assistance and program plans and training. Residents will be
				encouraged to engage in meaningful activity, to develop techniques to become
				increasingly more independent, and to interact with the community in which they
				reside.
Sec.
					 53-19-112,
					 MCA; IMP, Sec.
					 53-19-101 and
					 53-19-103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.4 - Community Homes for Persons with Physical Disabilities › Rule 37.100.402 - COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For purposes of this subchapter, the following definitions
				  apply:
(1) "Community home for persons
				with physical disabilities" means a family-oriented residence designed to
				provide residential services for two to eight physically disabled persons that
				does not provide skilled or intermediate nursing care. This definition does not
				preclude the provision of skilled or intermediate nursing care by third-person
				providers.
(2) "Department" means
				the department of public health and human services established in
				2-15-2201,
				MCA.
(3) "Physically disabled"
				means a disabled person with a permanent impairment that substantially limits
				major life activity, such as walking, self-care, seeing, hearing, speaking,
				learning, reasoning, judgement, or memory, and that can be diagnosed by a
				physician.
(4) "Provider" means the
				person, corporation or other entity furnishing community home services to
				physically disabled persons.
(5)
				"Resident" means a physically disabled person who lives in and receives
				services from a community home.
(6)
				"Training" means an organized program for assisting physically disabled persons
				in acquiring, improving or maintaining particular skills.
(7) "License" means a written document issued
				by the department that the holder has complied with the applicable rules for a
				community home for the physically disabled.
(8) "Provisional license" means a written
				document issued by the department on a time limited basis at the department's
				discretion or at the initial start-up of a community home if the home is either
				not in compliance with all licensing requirements but will be in compliance
				within 6 months. A provisional license includes a temporary or a probationary
				license.
Sec.
					 53-19-112,
					 MCA; IMP, Sec.
					 53-19-102,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.4 - Community Homes for Persons with Physical Disabilities › Rule 37.100.407 - COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: LICENSE REQUIRED

Current through Register Vol. 13, July 5, 2024
(1) The department will issue a license for a
				community home to any license applicant meeting requirements established by
				these rules. However, the department may waive in whole or in part procedures
				for verifying compliance with the requirements of these rules upon receiving
				written documentation that:
(a) another state
				agency has already licensed or otherwise approved the operation of the
				community home, or
(b) a national
				or state recognized certification process has already been completed and has
				resulted in certification, accreditation, or other approval of the operation of
				the community home.
(c) Waiver of
				procedures for checking compliance as provided in this subsection may occur
				only where procedures proposed to be waived are clearly already provided for in
				the accreditation or approval process relied on by the licensing
				representative. Waiver of procedures must not result in the reduction of
				standards imposed through licensing requirements.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.4 - Community Homes for Persons with Physical Disabilities › Rule 37.100.408 - COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: LICENSING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) An applicant
				shall apply for a community home license prior to the operation of such home or
				to the expiration of a current license. Application shall be made to the
				department upon forms provided by the department.
(2) The department will upon receipt of the
				application, conduct a study and evaluation of both the applicant and the
				facility within 60 days.
(3) If the
				department determines that an application or accompanying information is
				incomplete or erroneous, the applicant will be notified of the specific
				deficiencies or errors and shall submit the required or corrected information
				within 60 days. The department will not issue a license until it receives all
				required information.
(4) Each
				applicant shall promptly report to the department changes which would affect
				the current accuracy of information provided on the application.
(5) The department may waive in whole or in
				part the requirements of (2) of this rule, and/or any other procedures for
				checking compliance with the requirements of this subchapter, based on a proper
				waiver of such procedures under (1) of ARM
				37.100.407.
Sec.
					 53-19-112,
					 MCA; IMP, Sec.
					 53-19-111,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.4 - Community Homes for Persons with Physical Disabilities › Rule 37.100.412 - COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: LICENSE REVOCATION, DENIAL OR SUSPENSION

Current through Register Vol. 13, July 5, 2024
(1) The department
				may deny, revoke or suspend a community home license by written notification to
				the provider if the department determines that:
(a) the facility is not in compliance with
				fire safety requirements as evidenced in writing by the state fire marshal;
				or
(b) the program is not in
				substantial compliance with health rules or any other licensing requirements
				established by this subchapter; or
(c) the provider has made misrepresentations
				to the department, either negligent or intentional, regarding any aspect of its
				operations or facility.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.4 - Community Homes for Persons with Physical Disabilities › Rule 37.100.413 - COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: PERSONS AFFECTED BY DEPARTMENT RECORDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-4-201
					 and
					 52-4-205,
					 MCA; IMP, Sec.
					 2-4-201
					 and
					 52-4-203,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.4 - Community Homes for Persons with Physical Disabilities › Rule 37.100.416 - PHYSICALLY DISABLED GROUP HOMES, FAIR HEARING

Current through Register Vol. 13, July 5, 2024
(1) Any person, corporation or other entity
				aggrieved by an adverse department action denying, revoking or suspending a
				license may request a fair hearing in accordance with ARM
				37.5.304,
				37.5.305,
				37.5.307,
				37.5.310,
				37.5.311,
				37.5.313,
				37.5.316,
				37.5.318,
				37.5.322,
				37.5.325,
				37.5.328,
				37.5.331,
				37.5.334 and
				37.5.337.
(2) The provider shall cease operation of the
				community home pending the fair hearing in those instances where the revocation
				or suspension of the license is based upon actions that the department has
				determined are imminent life or health endangering situations.
Sec.
					 53-19-112,
					 MCA; IMP, Sec.
					 53-19-112,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.4 - Community Homes for Persons with Physical Disabilities › Rule 37.100.420 - COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: FIRE SAFETY CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) Community
				homes are required by the Montana department of justice to comply with the fire
				safety requirements and procedures found in ARM
				23.7.110. A community home must
				comply with the certification requirements of ARM
				23.7.110 to obtain licensure, and
				during licensure, the community home must remain current on its fire safety
				certification under ARM 23.7.110.
Sec.
					 53-19-112,
					 MCA; IMP, Sec.
					 53-19-112
					 and
					 53-19-113,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.4 - Community Homes for Persons with Physical Disabilities › Rule 37.100.421 - COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: HEALTH AND SAFETY CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) A community
				home will only be licensed by the department if there is written certification
				from the local or state health authority that the home meets the following
				requirements:
(a) For an adequate and potable
				water supply, a community home must:
(i)
				connect to a public water supply system approved by the state department of
				environmental quality; or
(ii) meet
				the standards set forth in the appropriate circular listed below if the
				community home utilizes a non-public water system. The department hereby adopts
				and incorporates by reference the following circulars prepared by the
				department of environmental quality which set forth the relevant water quality
				standards. These circulars are available from the Department of Environmental
				Quality, 1520 East Sixth Avenue, Helena, Montana 59620.
(A) circular #11 for springs;
(B) circular #12 for water wells;
(C) circular #17 for cisterns;
(D) community homes using a non-public water
				supply must submit a water sample for analysis at least quarterly to a
				laboratory licensed by the department of public health and human
				services;
(iii) repair
				or replace the water system when the supply:
(A) contains microbiological contaminants;
				or
(B) does not have the capacity
				to provide adequate water for drinking, cooking, personal hygiene, laundry, and
				water carried waste disposal.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.4 - Community Homes for Persons with Physical Disabilities › Rule 37.100.422 - COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: STAFFING; STAFF RESPONSIBILITIES AND QUALIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) The
				provider shall have a sufficient number of appropriately qualified staff to
				supervise, care for, and train residents.
(a)
				During the hours of 7 a.m. to 10 p.m. there shall be a minimum of one staff
				member per every four residents.
(b) During the hours of 10 p.m. to 7 a.m.
				there shall be a minimum of one staff member for every eight
				residents.
(c) All staff persons
				caring for residents shall be a minimum of 18 years of age.
(d) There shall be a minimum of one staff
				person present who is directly responsible for resident care and activities
				when any resident is alone in the home. This requirement is not applicable if
				the resident or residents present in the home have been determined by the
				interdisciplinary team to be competent in self-care in such
				situations.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.4 - Community Homes for Persons with Physical Disabilities › Rule 37.100.423 - COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: PHYSICAL SITE REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The community
				home shall be located to facilitate the use of community resources. If the home
				is not within walking distance of shopping, recreational and other community
				services, transportation shall be available either at no cost or at an
				affordable cost to the resident.
(2) The design, construction and furnishings
				of the home shall be home-like and encourage a personalized atmosphere for
				residents.
(3) Each bedroom shall
				be limited to not more than three persons and shall include:
(a) floor to ceiling walls;
(b) one door which can be closed to allow
				privacy for residents;
(c) a
				minimal clear floor space of 7 feet x 9 feet for a single bedroom; 13 feet x 9
				feet for a double room; and 13 feet x 17 feet for a three-bed room. The above
				space requirements do not include closet space; and
(d) at least one window which can be
				opened.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.4 - Community Homes for Persons with Physical Disabilities › Rule 37.100.427 - COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: RESIDENT SUPPLIES AND EQUIPMENT

Current through Register Vol. 13, July 5, 2024
(1) The provider
				shall provide the following:
(a) a separate
				bed of proper size and height for the resident;
(b) clean, comfortable mattress and
				appropriate bedding which shall be changed as needed and at least once a
				week;
(c) appropriate furnishings
				for storage of personal belongings, i.e., a chest of drawers;
(d) access to a mirror;
(e) curtains or window shades which provide
				privacy;
(f) tables, chairs, sofas,
				lamps and other furnishings in a common living area for family-like comfort and
				use;
(g) at least two towels and
				wash cloths per resident, which are changed as needed and at least twice a
				week; and
(h) personal supplies and
				other hygienic necessities whenever the resident does not have the ability to
				provide these supplies.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.4 - Community Homes for Persons with Physical Disabilities › Rule 37.100.430 - COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: RIGHTS

Current through Register Vol. 13, July 5, 2024
(1) Intervention for the purposes of
				assisting and training residents shall be the least intrusive into, and the
				least disruptive of, the person's life and represent the least departure from
				normal patterns of living that can be effective in meeting residential
				needs.
(2) The residents shall not
				be subjected to treatment of a manner which:
(a) includes abuse or neglect; or
(b) limits individual rights without due
				process.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.4 - Community Homes for Persons with Physical Disabilities › Rule 37.100.431 - COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: HEALTH CARE

Current through Register Vol. 13, July 5, 2024
(1) The provider shall assure each individual
				of appropriate health care by providing or arranging for:
(a) a primary physician for each resident to
				provide for health needs;
(b) at
				least an annual health check-up;
(c) a primary dentist for each resident for
				at least annual check-ups;
(d)
				family planning, counseling, mental health and other consultation when
				appropriate;
(e) medication
				administration as authorized by
				53-19-112(3),
				MCA, and as prescribed;
(f)
				modified and therapeutic diets as prescribed;
(g) procedures for the detection of signs of
				injury, disease, abuse;
(h)
				drinking water throughout each day;
(i) a variety of foods which meet the
				nutritional needs of the residents adjusted for age, sex and
				activity;
(j) developing, reviewing
				and recording weekly menus of meals served;
(k) adequate meals in a family style manner,
				as appropriate to the individual residents, three times a day;
(l) snacks at appropriate times each
				day;
(m) a shower or tub bath daily
				at the most independent level possible and with due regard for
				privacy;
(n) residents to brush
				their teeth daily; and
(o) written
				procedures for emergency medical care.