reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.13 - Self-Directed Personal Assistance Services › Rule 37.40.1315 - SELF-DIRECTED PERSONAL ASSISTANCE SERVICES, COMPLIANCE REVIEWS (Repealed)

Current through Register Vol. 13, July 5, 2024
53-6-113
					 and
					 53-6-145,
					 MCA; IMP: Sec.
					 53-6-101
					 and
					 53-6-145,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1401 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS AUTHORITY AND SCOPE OF PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) The
				United States department of health and human services (HHS) has granted the
				department, through
				42 CFR 441.300
				through
				441.310,
				the authority to establish a program of medicaid funded home and
				community-based services for persons who are elderly or who have physical
				disabilities and who would otherwise have to reside in and receive medicaid
				reimbursed care in a hospital or nursing facility.
(2) The department, in accordance with state
				and federal statutes and rules governing the provision of medicaid funded home
				and community-based services and any federal-state agreements governing the
				provision of medicaid funded home and community-based services and within the
				available funding appropriated for the program, may determine within its
				discretion:
(a) the types of services to be
				available through the program;
(b)
				the amount, scope and duration of the services available through the
				program;
(c) the categories of
				persons to be served through the program;
(d) the total number of persons who may
				receive services through the program;
(e) the total number of persons who may
				receive services through the program by category of eligibility, geographical
				area or specific case management team; and
(f) eligibility of individual persons for the
				program.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1406 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: SERVICES

Current through Register Vol. 13, July 5, 2024
(1) The services
				available through the program are limited to those specified in this
				rule.
(2) The department may
				determine the particular services of the program to make available to a
				recipient based on, but not limited to, the following criteria:
(a) the recipient's need for a service
				generally and specifically;
(b) the
				availability of a specific service through the program and any ancillary
				service necessary to meet the recipient's needs;
(c) the availability otherwise of alternative
				public and private resources and services to meet the recipient's need for the
				service;
(d) the recipient's risk
				of significant harm or of death if not in receipt of the service;
(e) the likelihood of placement into a more
				restrictive setting if not in receipt of the service; or
(f) the financial costs for and other impacts
				on the program arising out of the delivery of the service to the
				person.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1407 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: GENERAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Services of the
				program may only be provided by a provider that is enrolled with the department
				as a Medicaid provider or, in rare instances, through a provider with whom the
				department is contracting for home and community-based case management
				services.
(2) A facility providing
				services to a recipient must meet all licensing requirements including fire and
				safety standards as well as other service-specific requirements set forth by
				the department in this chapter.
(3)
				A provider of services must ensure that the services adhere to the requirements
				of 42 CFR
				441.301(c)(4), which permits
				reimbursement with Medicaid monies only for services within settings that meet
				certain qualities set forth under the regulation. These qualities include that
				the setting:
(a) is integrated in and
				facilitates full access of the individual to the greater community;
(b) ensures the individual receives services
				in the community to the same degree of access as individuals not receiving
				Medicaid Home and Community-Based Services;
(c) is selected by the individual from among
				setting options, including non-disability specific settings and an option for a
				private unit in a residential setting;
(d) ensures the individual's rights of
				privacy, dignity, and respect, and freedom from coercion and
				restraint;
(e) supports health and
				safety based upon the individual's needs, decisions, or desires;
(f) optimizes, but does not regiment,
				individual initiative, autonomy, and independence in making life choices,
				including, but not limited to daily activities, physical environment, and with
				whom to interact;
(g) provides an
				opportunity to seek employment and work in competitive integrated settings;
				and
(h) facilitates individual
				choice of services and supports, and who provides them.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1408 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: ENROLLMENT

Current through Register Vol. 13, July 5, 2024
(1) A person in
				order to be considered by the department for enrollment in the program, must be
				determined by the department to qualify for enrollment in accordance with the
				criteria in this rule.
(2) A person
				is qualified to be considered for enrollment in the program if the person:
(a) meets one of the following criteria:
(i) is 65 years of age or older; or
(ii) is certified as disabled by the social
				security administration but does not have a primary diagnosis of mental
				retardation or serious mental illness.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1415 - HOME AND COMMUNITY BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: REIMBURSEMENT

Current through Register Vol. 13, July 5, 2024
(1) Services
				available through the program are reimbursed as specified in this
				rule.
(2) The following services
				are reimbursed as provided in (3):
(a) adult
				day health;
(b) adult residential
				care;
(c) case management
				services;
(d) community supports
				services;
(e) community transition
				services;
(f) consultative clinical
				and therapeutic services;
(g)
				consumer-directed goods and services;
(h) dietetic services;
(i) environmental accessibility
				adaptations;
(j) family training
				and support;
(k) financial
				management;
(l)
				habilitation;
(m) health and
				wellness;
(n) homemaker chore
				services;
(o) homemaker;
(p) independence advisor;
(q) nonmedical transportation;
(r) nursing;
(s) nutrition services;
(t) pain and symptom management;
(u) personal emergency response
				systems;
(v) post-acute
				rehabilitation services;
(w)
				respite care;
(x) senior companion
				services;
(y) specialized child
				care for medically fragile children;
(z) supported living; and
(aa) vehicle modifications.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1420 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: SERVICE PLANS

Current through Register Vol. 13, July 5, 2024
(1) A service plan
				is a written plan of supports and interventions based on an assessment of the
				status and needs of a consumer. The service plan describes the needs of the
				consumer and the services available through the program and otherwise that are
				to be made available to the consumer in order to maintain the consumer at home
				and in the community.
(2) The
				services that a consumer may receive through the program and the amount, scope,
				and duration of those services must be specifically authorized in writing
				through an individual service plan.
(3) The service plan is initially developed
				upon the person's entry into the program. The plan must be reviewed and, if
				necessary, revised at intervals of at least six months beginning with the date
				of the initial service plan.
(4)
				The service plan is developed in conjunction with the consumer or the
				consumer's legal representative, with treating and other appropriate health
				care professionals and others who have knowledge of the consumer's
				needs.
(5) Each service plan must
				include the following:
(a) diagnosis,
				symptoms, complaints, and complications indicating the need for
				services;
(b) a description of the
				consumer's functional level;
(c)
				consumer's goals and objectives;
(d) medication;
(e) treatments;
(f) restorative and rehabilitative
				services;
(g) activities;
(h) therapies;
(i) social services;
(j) diet;
(k) other special procedures recommended for
				the health and safety of the consumer to meet the objectives of the service
				plan;
(l) the specific services to
				be provided, the frequency of the services, and the type of provider to provide
				them;
(m) the projected annualized
				costs of each service; and
(n)
				names and signatures of all persons who have participated in developing the
				service plan (including the consumer, unless the consumer's inability to
				participate is documented) which will verify participation, agreement with the
				service plan, and acknowledgement of the confidential nature of the information
				presented and discussed.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1421 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: COST OF SERVICE PLAN

Current through Register Vol. 13, July 5, 2024
(1) In order to
				maintain the program cost within the appropriated monies, the cost of service
				plans may be limited by the department collectively and individually.
(2) The total annual cost of services for
				each recipient, except as provided in (3), may not exceed a maximum amount set
				by the department based on the number of recipients and the amount of monies
				available to the program as authorized in appropriation by the
				Legislature.
(3) The total cost of
				services provided under a service plan for an individual may exceed the maximum
				amount set by the department if authorized by the department based on the
				department's determination that one or more of the following circumstances is
				applicable:
(a) the excess service need is
				short term and only a one time purchase is necessary;
(b) the excess service need is intensive
				services of 90 days or less which are necessary to:
(i) resolve a crisis situation which
				threatens the health and safety of the recipient;
(ii) stabilize the recipient following
				hospitalization or acute medical episode; or
(iii) prevent institutionalization during the
				absence of the normal caregiver;
(c) the excess service need is adult
				residential services; or
(d) the
				recipient has long term needs that result in the maximum amount being exceeded
				in minor amounts at various times.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1422 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: COMMUNITY TRANSITION SERVICES, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Community transition services is defined
				in ARM 37.40.1402.
(2) Allowable expenses are those necessary to
				enable a person to establish a basic household and may include:
(a) usual and customary security deposits
				that are required to obtain a lease on an apartment or home;
(b) essential household furnishings required,
				including furniture, window coverings, food preparation items, and bed/bath
				linens;
(c) moving
				expenses;
(d) usual and customary
				setup fees or deposits for utility or service access, including telephone,
				electricity, heating, and water;
(e) activities to assess need, arrange for
				and procure resources.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1424 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: INDEPENDENCE ADVISOR, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Independence advisor (IA) is defined in
				ARM 37.40.1402.
(2) The IA may help consumers or their
				personal representatives:
(a) learn how to
				successfully direct services;
(b)
				develop a service plan;
(c) access
				waiver services, Medicaid State Plan services, and other needed medical,
				social, or educational services regardless of funding source;
(d) develop, implement, and monitor a monthly
				spending plan;
(e) identify risks
				and develop a plan to manage those risks;
(f) develop an individualized emergency
				backup plan;
(g) negotiate payments
				for necessary and allowable goods and services;
(h) work with the financial manager (FM) to
				track expenditures;
(i) monitor the
				provision of the services to ensure the consumer's health and welfare;
				and
(j) coordinate with the FM to
				ensure that consumers or personal representatives budget appropriately to meet
				their needs as defined in the service plan.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1425 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: CONSUMER-DIRECTED GOODS AND SERVICES, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Consumer directed goods and services is
				defined in ARM
				37.40.1402.
(2) These items could include the purchase of
				appliances and vans, with or without modifications.
(3) These items or services must address an
				identified need in the consumer's service plan and must meet any or all of the
				following requirements:
(a) decrease the need
				for other Medicaid services;
(b)
				promote inclusion in the community;
(c) promote the independence of the
				consumer;
(d) fulfill a medical,
				social, or functional need based on unique cultural approaches; or
(e) increase the person's safety in the
				community or home environment.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1426 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: NOTICE AND FAIR HEARING

Current through Register Vol. 13, July 5, 2024
(1) The
				department provides written notice to an applicant for a consumer of services
				when a determination is made by the department concerning:
(a) financial eligibility;
(b) level of care;
(c) feasibility, including cost-effectiveness
				of services to the consumer; and
(d) termination of consumer's eligibility for
				the program.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1427 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: FAMILY TRAINING AND SUPPORT, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Family training and support is defined in
				ARM 37.40.1402. Services include:
(a) general orientation about the child's
				disability; and
(b) training
				specific to the needs of the child and his or her family on how to best meet
				the child's needs.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1428 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: PAIN AND SYMPTOM MANAGEMENT, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Pain and symptom management is defined in
				ARM 37.40.1402.
(2) Treatments include but are not limited
				to:
(a) acupuncture;
(b) reflexology;
(c) massage therapy;
(d) craniosacral therapy;
(e) hyperbaric oxygen therapy;
(f) mind-body therapies such as hypnosis and
				biofeedback;
(g) pain mitigation
				counseling/coaching;
(h)
				chiropractic therapy; and
(i)
				nursing services by a nurse specializing the pain and symptom
				management.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1430 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: CASE MANAGEMENT, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Case management is the planning for, arranging for, implementation of and
				monitoring of the delivery of services available through the program to a
				consumer.
(2) Case management
				services includes:
(a) developing a service
				plan for a consumer;
(b) monitoring
				and managing a service plan for a consumer;
(c) establishing relationships with service
				providers and community resources;
(d) maximizing a consumer's efficient use of
				services and community resources such as family members, church members and
				friends;
(e) facilitating
				interaction among people working with a consumer;
(f) prior authorizing the provision of all
				services; and
(g) managing
				expenditures.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1431 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: HOMEMAKER CHORE, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Homemaker chore services is defined in ARM
				37.40.1402. Services include:
(a) extensive cleaning beyond the scope of
				general household cleaning; and
(b)
				heavy cleaning such as:
(i) washing windows
				and walls;
(ii) yard
				care;
(iii) walkway
				maintenance;
(iv) minor home
				repairs; and
(v) firewood cutting,
				splitting, and stacking.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1435 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: ADULT RESIDENTIAL CARE, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Adult residential care is a residential
				habilitation option for consumers residing in an adult foster home, a
				residential hospice, or an assisted living facility.
(2) Adult residential care is a bundled
				service that may include:
(a) personal care
				services;
(b) homemaking;
(c) social activities;
(d) recreational activities;
(e) medication oversight; and
(f) assistance in arranging transportation
				for medical care.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1436 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: COMMUNITY SUPPORTS SERVICES, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Community supports services is defined in
				ARM 37.40.1402. These services will be
				offered as a group only under the consumer-directed option. The personal
				assistance services normally provided under the Medicaid State Plan will be
				provided as an integral part of this service. Individuals performing the duties
				are recruited, selected, hired, and managed by the consumer.
(2) Services include assisting the consumer
				with:
(a) basic living skills such as eating,
				drinking, toileting, personal hygiene, and dressing;
(b) transferring and other activities of
				daily living;
(c) improving and
				maintaining mobility and physical functioning;
(d) maintaining health and personal
				safety;
(e) carrying out household
				chores and preparation with meals and snacks;
(f) accessing and using transportation (with
				providers possessing a valid Montana driver's license);
(g) participating in community experiences
				and activities;
(h) relieving
				unpaid caregivers at those times when such relief is in the best interest of
				the consumer or caregiver; and
(i)
				receiving day care for medically fragile children who, because of their
				disability, cannot be served in traditional child care settings.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1437 - HOME AND COMMUNITY-BASED SERVICES TREATMENT FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: COMMUNITY RESIDENTIAL REHABILITATION, REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-2-201,
					 53-6-113,
					 53-6-402,
					 MCA; IMP,
					 53-6-402,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1438 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: SUPPORTED LIVING, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Supported living is the provision of supportive services to a consumer residing
				in an individual residence or in a group living situation. It is a
				comprehensive service designed to support a person with brain injury or other
				severe disability.
(2) Supported
				living services may include:
(a) independent
				living evaluation;
(b) service
				coordination;
(c) 24-hour
				supervision of the person;
(d)
				health and safety supervision;
(e)
				homemaking services as specified at ARM
				37.40.1450;
(f) day habilitation as specified at ARM
				37.40.1448;
(g) supported employment as specified at ARM
				37.40.1448;
(h) prevocational
				training as specified at ARM 37.40.1448;
(i) nonmedical transportation as specified at
				ARM 37.40.1488; and
(j) specially trained attendants as specified
				at ARM 37.40.1449.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1439 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: SENIOR COMPANION SERVICES, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Senior companion services is defined in
				ARM 37.40.1402.
(2) The service includes:
(a) respite;
(b) socialization;
(c) supervision; and
(d) homemaking.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1440 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: PARTICIPATION DIRECTION

Current through Register Vol. 13, July 5, 2024
(1)
				Participant direction is defined in ARM
				37.40.1402.
(2) Services may be directed by:
(a) an adult who has the capacity to
				self-direct;
(b) a legal
				representative of the member, including a parent, spouse, or legal guardian;
				or
(c) a nonlegal representative
				freely chosen by the member or his/her legal representative.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1441 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: HEALTH AND WELLNESS, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Health and wellness services is defined in ARM
				37.40.1402.
(2) The service includes adaptive health,
				wellness, and therapeutic recreational services such as:
(a) hippotherapy;
(b) hydrotherapy;
(c) living well with a disability;
				and
(d) access to fitness and
				exercise facilities.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1445 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: ADULT DAY HEALTH

Current through Register Vol. 13, July 5, 2024
(1) Adult day
				health is the provision of services to meet the health, social and habilitation
				needs of a recipient in settings outside the recipient's place of residence. An
				entity providing adult day health services must be licensed as provided at ARM
				16.32.1001, et seq.
Sec.
					 53-2-201,
					 53-6-101,
					 53-6-113
					 and
					 53-6-402,
					 MCA; IMP, Sec.
					 53-2-201,
					 53-6-101
					 and
					 53-6-402,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1446 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: POST-ACUTE REHABILITATION SERVICES, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Post-acute rehabilitation is the
				provision of therapeutic intervention to a consumer with brain injury or other
				related disability in a residential or nonresidential setting. Post-acute
				rehabilitation assists in reducing the dependency of the consumer and in
				facilitating the integration of the consumer into the community.
(2) Post-acute rehabilitation may include:
(a) consultative clinical and therapeutic
				services as specified at ARM
				37.40.1465;
(b) chemical dependency counseling as
				specified at ARM
				37.40.1466;
(c) therapeutic recreational
				activities;
(d) nutrition services
				as specified in ARM
				37.40.1476;
(e) nonmedical transportation as specified at
				ARM 37.40.1488; and
(f) counseling.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1447 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: PERSONAL ASSISTANCE, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Personal assistance is the provision of an array of personal care and other
				services to a recipient for the purpose of meeting personal needs in the home
				and the community.
(2) Personal
				assistance services includes the provision of the following services:
(a) personal care services as specified at
				ARM 37.40.1101(1) through
				(5) and
				37.40.1301,
				37.40.1302,
				37.40.1305,
				37.40.1306,
				37.40.1307 and
				37.40.1308;
(b) homemaking services as specified at ARM
				37.40.1450;
(c) supervision for health and safety
				reasons; and
(d) nonmedical
				transportation as specified at ARM
				37.40.1488.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1448 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: HABILITATION, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Habilitation is the provision of intervention services designed for assisting a
				consumer to acquire, retain, and improve the self-help, socialization, and
				adaptive skills necessary to reside successfully at home and in the
				community.
(2) Habilitation
				services may include:
(a) residential
				habilitation;
(b) day
				habilitation;
(c) prevocational
				services; and
(d) supported
				employment.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1449 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: SPECIALLY TRAINED ATTENDANT CARE, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Specially trained attendant care is an
				option under personal assistance that provides supportive services to a
				consumer residing in their own residence.
(2) Specially trained attendant care services
				may include:
(a) personal assistance services
				directed at fostering the consumer's ability to achieve independence in
				instrumental activities of daily living such as homemaking, personal hygiene,
				money management, transportation, housing, and the use of community
				resources;
(b) services that assist
				consumers in acquiring, retaining, and improving self-help, socialization, and
				adaptive skills to reside successfully in the community;
(c) personal assistance services as specified
				at ARM 37.40.1447;
(d) personal care services as specified at
				ARM 37.40.1101(1) through
				(5),
				37.40.1301,
				37.40.1302,
				37.40.1305,
				37.40.1306,
				37.40.1307, and
				37.40.1308; and
(e) continuous and extensive nursing
				services.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1450 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: HOMEMAKING, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Homemaking is the provision of general household activities or chore services
				to a recipient when the recipient is unable to manage the recipient's home or
				care for self or others in the home, or when another who is regularly
				responsible for these responsibilities is absent.
(2) Homemaking may include:
(a) household management services consisting
				of assistance with those activities necessary for maintaining and operating a
				home and may include assisting the recipient in finding and relocating into
				other housing;
(b) social
				restorative services consisting of assistance which further a recipient's
				involvement with activities and other persons; and
(c) teaching services consisting of
				activities which improve a recipient's or family's skills in household
				management and social functioning.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1451 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: RESPITE CARE, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Respite
				care is the provision of supportive care to a consumer so as to relieve those
				unpaid persons normally caring for the consumer from that
				responsibility.
(2) Respite care
				services may be provided only on a short term basis, such as part of a day,
				weekends, or vacation periods.
(3)
				Respite care services may be provided in a consumer's place of residence or
				through placement in another private residence or other related community
				setting, a hospital, a nursing facility or a therapeutic camp.
(4) A person providing respite care services
				must be:
(a) physically and mentally
				qualified to provide this service to the consumer; and
(b) aware of emergency assistance
				systems.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1452 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: SPECIALIZED CHILD CARE FOR MEDICALLY FRAGILE CHILDREN, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Specialized
				child care for medically fragile children is the provision of day care, respite
				care, and other direct and supportive care to a consumer under 18 years of age
				who is medically fragile and who, due to medical and other needs, cannot be
				served through traditional child care settings.
(2) A person providing specialized child care
				for medically fragile children services must be:
(a) physically and mentally able to perform
				the duties;
(b) aware of emergency
				assistance systems; and
(c)
				literate and able to follow written orders.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1460 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: OUTPATIENT OCCUPATIONAL THERAPY, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Outpatient occupational therapy services
				may include:
(a) occupational therapy
				services as specified at ARM
				37.86.601; and
(b) services for habilitative or maintenance
				purposes.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1461 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: OUTPATIENT PHYSICAL THERAPY, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Outpatient physical therapy services may
				include:
(a) physical therapy services as
				specified at ARM
				37.86.601; and
(b) services for habilitative or maintenance
				purposes.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1462 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: SPEECH PATHOLOGY AND AUDIOLOGY, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Speech pathology and audiology services
				may include:
(a) speech therapy services as
				defined at ARM
				37.86.601;
(b) audiology services as defined at ARM
				37.86.702;
(c) services for habilitative or maintenance
				purposes;
(d) screening and
				evaluation with respect to speech and hearing functions;
(e) comprehensive audiological assessment, as
				indicated by screening results, that include tests of puretone air and bone
				conduction, speech audiometry, and other procedures, as necessary, and the
				assessment of the use of visual cues;
(f) assessments of the use of
				amplification;
(g) provision for
				procurement, maintenance and replacement of hearing aids, as specified by a
				qualified audiologist;
(h)
				comprehensive speech and language evaluation, as indicated by screening
				results, including appraisal of articulation, voice, rhythm and
				language;
(i) participation in the
				continuing interdisciplinary evaluation for purposes of beginning, monitoring
				and following up on individualized habilitation programs; and
(j) treatment services as an extension of the
				evaluation process, that include:
(i) direct
				counseling with a recipient;
(ii)
				consultation with appropriate persons involved with a recipient for speech
				improvement and speech education activities; and
(iii) work with an appropriate recipient to
				develop specialized programs for developing communication skills in
				comprehension, including speech, reading, auditory training, hearing aid
				utilization and skills in expression, including improvement in articulation,
				voice, rhythm and language.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1463 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: RESPIRATORY THERAPY, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Respiratory therapy is the provision of
				direct respiratory treatment, ongoing assessment of respiratory and medical
				conditions, equipment monitoring and upkeep, pulmonary education and
				respiratory rehabilitation.
(2) A
				certified respiratory therapy technician, as defined by the national board for
				respiratory care, may assist under the direct supervision of a registered
				respiratory therapist or physician who is responsible for and participates in
				the recipient's treatment program.
Sec.
					 53-2-201,
					 53-6-101,
					 53-6-113
					 and
					 53-6-402,
					 MCA; IMP, Sec.
					 53-2-201,
					 53-6-101,
					 53-6-141 and
					 53-6-402,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1464 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: PSYCHO-SOCIAL CONSULTATION, REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-2-201,
					 53-6-101,
					 53-6-113,
					 53-6-402,
					 MCA; IMP,
					 53-2-201,
					 53-6-101,
					 53-6-141,
					 53-6-402,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1465 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: CONSULTATIVE CLINICAL AND THERAPEUTIC SERVICES, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) These are services that assist unpaid
				and/or paid caregivers in carrying out individual service plans and are
				necessary to improve the individual's independence and inclusion in the
				community.
(2) Consultation
				activities are provided by professionals in psychiatry, psychology,
				neuro-psychology, physiatry, nursing, nutrition, behavior management, or
				occupational/speech/physical/recreational/therapy.
(3) The service may include:
(a) assessment;
(b) development of a home/community treatment
				plan;
(c) monitoring plan;
				and
(d) one-on-one consultation and
				support for paid and nonpaid caregivers.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1466 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: CHEMICAL DEPENDENCY COUNSELING, REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-2-201,
					 53-6-113,
					 53-6-402,
					 MCA; IMP,
					 53-6-402,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1467 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: COGNITIVE REHABILITATION, REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-2-201,
					 53-6-113,
					 53-6-402,
					 MCA; IMP,
					 53-6-402,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1475 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: DIETETIC SERVICES, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Dietetic services are the management of a person's nutritional needs.
(2) Dietetic services may include evaluation
				and monitoring of nutritional status, nutrition counseling, dietetic therapy,
				dietetic education and dietetic research necessary for the management of a
				recipient's nutritional needs.
(3)
				Dietetic services are limited to recipients whose disease or medical condition
				is caused by or complicated by diet or nutritional status.
Sec.
					 53-2-201,
					 53-6-101,
					 53-6-113
					 and
					 53-6-402,
					 MCA; IMP, Sec.
					 53-2-201,
					 53-6-101,
					 53-6-141 and
					 53-6-402,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1476 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: NUTRITION, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Nutrition services are meals, congregate meals and home delivered meals as
				specified at ARM
				37.41.302 including the meals on
				wheels program.
(2) The
				requirements for the delivery of nutrition services as specified at ARM
				37.41.306 through
				37.41.315 govern the provision of
				nutrition services.
(3) A full
				nutritional regimen of three meals a day may not be provided through this
				service.
Sec.
					 53-2-201,
					 53-6-113
					 and
					 53-6-402,
					 MCA; IMP, Sec.
					 53-2-201,
					 53-6-101
					 and
					 53-6-402,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1477 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: NURSING, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Nursing is the
				provision of individual and continuous nursing care.
Sec.
					 53-2-201,
					 53-6-101,
					 53-6-113
					 and
					 53-6-402,
					 MCA; IMP, Sec.
					 53-2-201,
					 53-6-101,
					 53-6-141 and
					 53-6-402,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1485 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: ENVIRONMENTAL ACCESSIBILITY ADAPTATION, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Environmental accessibility adaptations
				are modifications to a recipient's home designed to maintain or improve the
				recipient's ability to remain at home.
(2) Environmental accessibility adaptation
				services may include:
(a) modifications to a
				personal vehicle that allow the recipient to be more independent;
(b) the installation of specialized
				electrical and plumbing systems to accommodate necessary medical equipment and
				supplies;
(c) consultation
				regarding the appropriateness of an adaptation; and
(d) facilitation of the ability of a
				caregiver or service provider to maintain a recipient at home.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1486 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: PERSONAL EMERGENCY RESPONSE SYSTEMS, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A personal emergency response system is
				an electronic device or mechanical system used to summon assistance in an
				emergency situation.
(2) A personal
				emergency response system must be connected to a local emergency response unit
				with the capacity to activate emergency medical personnel.
(3) The provision of a personal emergency
				response system as a service does not include the purchase, installation or
				routine monthly charges of a telephone.
Sec.
					 53-2-201,
					 53-6-101,
					 53-6-113
					 and
					 53-6-402,
					 MCA; IMP, Sec.
					 53-2-201,
					 53-6-101,
					 53-6-141 and
					 53-6-402,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1487 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: SPECIALIZED MEDICAL EQUIPMENT AND SUPPLIES, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Specialized medical equipment and
				supplies is the provision of items of medical equipment and supplies to a
				recipient for the purpose of maintaining and improving the recipient's ability
				to reside at home and to function in the community.
(2) The provision of medical equipment and
				supplies services may include:
(a) the
				provision of consultation regarding the appropriateness of the equipment or
				supplies; and
(b) the provision of
				supplies and care necessary to maintain a service animal.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1488 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: NONMEDICAL TRANSPORTATION, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Nonmedical transportation is the
				provision to a consumer of transportation through common carrier or private
				vehicle for access to social or other nonmedical activities.
(2) Nonmedical transportation services are
				provided only after volunteer transportation services, or transportation
				services funded by other programs, have been exhausted.
(3) Nonmedical transportation providers must
				provide proof of:
(a) a valid Montana
				driver's license;
(b) adequate
				automobile insurance; and
(c)
				assurance of vehicle compliance with all applicable federal, state, and local
				laws and regulations.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.1 - Area Agencies on Aging › Rule 37.41.101 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of the aging bureau of the
				senior long term care division is to develop and administer the state plan;
				coordinate all activities in the state relating to the purposes of the act;
				serve as the advocate for all older persons in the state; direct area agencies
				and service providers in the development of comprehensive and coordinated
				service delivery systems throughout the state.
Sec.
					 53-5-606,
					 MCA; IMP, Sec.
					 53-5-602
					 and
					 53-5-604,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.1 - Area Agencies on Aging › Rule 37.41.107 - DESIGNATION OF PLANNING AND SERVICE AREAS

Current through Register Vol. 13, July 5, 2024
(1)
				The division may designate as a planning and service area:
(a) any unit of general purpose local
				government;
(b) any district or
				combination of districts; or
(c)
				any Indian reservation.