Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.1 - Applicable Hearing Procedures › Rule 37.5.115 - DEVELOPMENTAL DISABILITIES PROGRAMS: APPLICABLE HEARING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Hearings relating to the Developmental
				Disability Services program are available as follows:
(a) except as otherwise provided by
				department rule, hearings contesting adverse department actions in the
				Developmental Disabilities Services program are available to the extent
				provided and according to the procedures specified in ARM
				37.5.304,
				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.
(b) hearings contesting a determination by
				the residential facility screening team that a person is not seriously
				developmentally disabled and therefore that a commitment or recommitment is not
				appropriate are available to the extent provided and according to the
				procedures specified in ARM 37.5.304, 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, subject to the provisions of ARM
				37.34.2313;
(c) hearings contesting adverse
				determinations by the Developmental Disabilities Screening Review Board are
				available to the extent provided and according to the procedures specified in
				ARM 37.5.304, 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, subject to the
				provisions of ARM 37.34.2313;
(d)
				hearings contesting adverse department determinations regarding services under
				the Medicaid Home and Community Services program for persons with developmental
				disabilities are available to the extent provided and according to the
				procedures specified in ARM 37.5.304, 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, subject to the provisions of ARM
				37.34.919;
(e) hearings contesting adverse department
				actions regarding certification of a person to assist or supervise clients in
				taking medication are available to the extent provided and according to the
				procedures specified in ARM
				37.34.114, and the provisions of
				ARM 37.5.304, 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 and do not apply
				to such hearings;
(f) hearings
				contesting adverse actions regarding the individual planning process are
				available to the extent provided and according to the procedures specified in
				ARM 37.34.1114 and
				37.34.1115, and the provisions of
				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 do not
				apply to such hearings;
(g)
				hearings contesting adverse actions regarding the residential facility
				screening process are available to the extent provided and according to the
				procedures specified in ARM 37.34.234, and the provisions of 37.5.304,
				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 do not apply to such hearings;
				and
(h) hearings contesting adverse
				department actions regarding aversive procedures approved for habilitation of a
				person with developmental disabilities are available to the extent provided and
				according to the procedures specified in ARM
				37.34.1426, and the provisions of
				ARM 37.5.304, 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 do not apply to
				such hearings.