reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.36 - TELECOMMUNICATIONS ACCESS PROGRAM › Subchapter 37.36.2 - Assessment, Reporting, and Records › Rule 37.36.202 - EXEMPTIONS

Current through Register Vol. 13, July 5, 2024
(1) The following are exempt from the
				assessment provided in ARM
				37.36.201:
(a) federal agencies and tax-exempt
				instrumentalities of the federal government;
(b) Indian tribes, with regard to end user
				connections on the tribe's reservation only;
(c) enrolled members of Indian tribes, with
				regard to end user connections on a reservation only;
(d) official station testing lines owned by a
				provider; and
(e) coin operated
				telephones owned by a provider.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.36 - TELECOMMUNICATIONS ACCESS PROGRAM › Subchapter 37.36.2 - Assessment, Reporting, and Records › Rule 37.36.206 - REPORTING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Each provider
				must complete and file with the Department of Revenue a quarterly reporting
				form on or before the last day of the month following the end of each calendar
				quarter.
(2) The quarterly
				reporting form must provide the following information:
(a) ending date of the calendar quarter
				covered by the return being filed;
(b) name and address of the
				provider;
(c) total number of
				exempt and nonexempt end user connections for the calendar quarter;
(d) number of nonexempt end user connections
				for the quarter;
(e) amount of fee
				computed by multiplying the total number of nonexempt end user connections
				times ten cents per month of service during the quarter;
(f) credits for uncollectible accounts,
				incorrect billings, and other appropriate adjustments if the provider elects to
				take a credit;
(g) amounts
				collected in the quarter for any accounts reported as uncollectible in a
				previous quarter if the provider has elected to take a credit under
				(f);
(h) credits for 3/4 of 1% of
				the total charges billed and collected each month to cover administrative
				expenses if the provider elects to take a credit; and
(i) the amount remitted with the
				return.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.36 - TELECOMMUNICATIONS ACCESS PROGRAM › Subchapter 37.36.2 - Assessment, Reporting, and Records › Rule 37.36.207 - EXAMINATION OF RECORDS

Current through Register Vol. 13, July 5, 2024
(1) An authorized
				agent of the committee may examine the records and other supporting data from
				which the quarterly returns required by ARM
				37.36.202 were prepared during
				regular business hours with a minimum of two weeks prior notice.
53-19-307,
					 MCA; IMP,
					 53-19-312,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.36 - TELECOMMUNICATIONS ACCESS PROGRAM › Subchapter 37.36.4 - Equipment › Rule 37.36.401 - LOANS

Current through Register Vol. 13, July 5, 2024
(1) Specialized telecommunications equipment
				will be loaned to a person who satisfies the eligibility requirements of ARM
				37.36.603 after the individual has
				received training and signed a written agreement accepting the conditions of
				the loan prescribed in ARM
				37.36.612.
(2) If more than one person in a single
				household is eligible for a loan, the household is not limited to one piece of
				equipment but is entitled to specialized telecommunications equipment for each
				eligible member of the household.
53-19-307,
					 MCA; IMP,
					 53-19-307,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.36 - TELECOMMUNICATIONS ACCESS PROGRAM › Subchapter 37.36.4 - Equipment › Rule 37.36.402 - OWNERSHIP

Current through Register Vol. 13, July 5, 2024
(1) All equipment loaned through MTAP will
				remain the property of the state of Montana. All equipment will be recorded and
				tracked for a minimum of five years by serial number, state of Montana
				identification tag and name, address, and telephone number of
				recipient.
53-19-307,
					 MCA; IMP,
					 53-19-307,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.36 - TELECOMMUNICATIONS ACCESS PROGRAM › Subchapter 37.36.4 - Equipment › Rule 37.36.406 - SECURITY DEPOSIT (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-19-307,
					 MCA; IMP,
					 53-19-307,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.36 - TELECOMMUNICATIONS ACCESS PROGRAM › Subchapter 37.36.6 - Eligibility and Application Process › Rule 37.36.601 - PROVISION OF INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) Upon request,
				the program will provide an application form and informational brochure
				describing the eligibility requirements and application process.
53-19-307,
					 MCA; IMP,
					 53-19-305,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.36 - TELECOMMUNICATIONS ACCESS PROGRAM › Subchapter 37.36.6 - Eligibility and Application Process › Rule 37.36.602 - APPLICATION PROCESS

Current through Register Vol. 13, July 5, 2024
(1) A person
				wishing to receive a loan of specialized telecommunications equipment shall
				complete the application and return it to the address designated in the
				application form. Application may be made by the person wishing to receive
				equipment, by a parent or legal guardian of a person under the age of 18 years
				or by a person duly authorized by the person or by a court to act on the
				person's behalf.
(2) In the case of
				an unemancipated person under the age of 18 years, a parent or legal guardian
				must sign the application and must assume full responsibility for the equipment
				and services. This is not required in the case of an emancipated person under
				the age of 18.
53-19-307,
					 MCA; IMP,
					 53-19-305,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.36 - TELECOMMUNICATIONS ACCESS PROGRAM › Subchapter 37.36.6 - Eligibility and Application Process › Rule 37.36.603 - NONFINANCIAL ELIGIBILITY CRITERIA

Current through Register Vol. 13, July 5, 2024
(1) To be
				eligible for a loan of specialized telecommunications equipment, an applicant,
				in addition to meeting the financial criteria for eligibility specified in ARM
				37.36.604, must:
(a) be a resident of Montana;
(b) have a telephone usage
				disability;
(c) be able to
				demonstrate that the applicant would benefit from the use of specialized
				telecommunications equipment;
(d)
				be able to demonstrate the applicant's ability to understand the nature and use
				of the equipment; and
(e) have
				regular access to telephone service.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.36 - TELECOMMUNICATIONS ACCESS PROGRAM › Subchapter 37.36.6 - Eligibility and Application Process › Rule 37.36.604 - FINANCIAL ELIGIBILITY CRITERIA

Current through Register Vol. 13, July 5, 2024
(1)
				Individuals whose annual family income during the 12 months immediately
				preceding the month of application is less than 250% of the 2022 poverty
				guidelines published by the U.S. Department of Health and Human Services (HHS)
				are eligible for a loan of specialized telecommunications equipment based on
				income. 250% of the HHS 2022 annual poverty guidelines for families of various
				sizes is specified on the Montana Telecommunications Access Program website,
				effective on January 12, 2022, which rate is adopted and incorporated here by
				reference. A copy is available at
https://dphhs.mt.gov/detd/mtap/nocostassistiveequipment
,
				or may be obtained from the Department of Public Health and Human Services,
				Montana Telecommunications Access Program (MTAP), P.O. Box 4210, Helena MT
				59604-4210.
(2) There is no asset
				test to be eligible for a loan of specialized telecommunications
				equipment.
AUTH:
					 53-19-305,
					 53-19-307,
					 MCA; IMP:
					 53-19-305,
					 53-19-307,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.36 - TELECOMMUNICATIONS ACCESS PROGRAM › Subchapter 37.36.6 - Eligibility and Application Process › Rule 37.36.606 - VERIFICATION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The program may
				request from the applicant verification of the applicant's gross annual income
				and/or the applicant's telephone usage disability. The applicant must provide
				requested verification within 30 days of the date of request or the application
				will be denied.
53-19-307,
					 MCA; IMP,
					 53-19-305,
					 53-19-307,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.36 - TELECOMMUNICATIONS ACCESS PROGRAM › Subchapter 37.36.6 - Eligibility and Application Process › Rule 37.36.607 - NOTICES

Current through Register Vol. 13, July 5, 2024
(1) The applicant will be notified in writing
				whether the application is denied or approved. Notice must be given within 30
				days of the date of receipt of the application if no verification is requested.
				If verification of income and/or telephone usage disability is requested,
				notice must be given within 30 days of the date of receipt of the necessary
				verification.
(2) If the
				application is approved, the notice must state the location where applicant may
				receive the equipment and the date, time and place of the training required
				under ARM 37.36.612.
(3) If the application is denied, the notice
				must state the reason for the denial and must notify the applicant of the
				appeal procedure provided in ARM
				37.36.902.
(4) If a loan of equipment is terminated due
				to failure to comply with any of the conditions specified in ARM
				37.36.612 or for any other reason,
				the recipient must be notified in writing of the reason for the termination and
				of the appeal procedure provided in ARM 37.36.902.
53-19-307,
					 MCA; IMP,
					 53-19-305,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.36 - TELECOMMUNICATIONS ACCESS PROGRAM › Subchapter 37.36.6 - Eligibility and Application Process › Rule 37.36.610 - DETERMINATION OF APPROPRIATE TELECOMMUNICATION DEVICE

Current through Register Vol. 13, July 5, 2024
(1) The program shall consult with the
				applicant to determine the appropriate telecommunication device or devices.
				However, the program shall make the final determination, taking into
				consideration the needs and wishes of the applicant and available
				funding.
53-19-307,
					 MCA; IMP,
					 53-19-305,
					 53-19-307,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.36 - TELECOMMUNICATIONS ACCESS PROGRAM › Subchapter 37.36.6 - Eligibility and Application Process › Rule 37.36.611 - PRIORITIES

Current through Register Vol. 13, July 5, 2024
(1) If program resources are not sufficient
				to provide equipment to all eligible applicants, equipment will be loaned on a
				first come, first served basis.
53-19-307,
					 MCA; IMP,
					 53-19-305,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.36 - TELECOMMUNICATIONS ACCESS PROGRAM › Subchapter 37.36.6 - Eligibility and Application Process › Rule 37.36.612 - REQUIRED TRAINING AND CONDITIONS OF ACCEPTANCE

Current through Register Vol. 13, July 5, 2024
(1) A person whose application for a loan has
				been approved must complete training as required by the program and must
				demonstrate the ability to use the equipment before specialized
				telecommunications equipment will be issued.
(2) A person who has completed the required
				training and has been issued equipment may be required to complete further
				training before being issued new or replacement equipment.
(3) Before equipment is issued, the person to
				receive equipment, or the person's parent or legal guardian if the person is
				under the age of 18 years and is not emancipated, must agree in writing to the
				following conditions:
(a) The equipment is
				for use with a telephone and for no other purpose. If a recipient no longer has
				regular access to telephone service, the loan will be terminated and the
				equipment must be returned to the program.
(b) The recipient must protect the equipment
				from damage. Any equipment which is damaged by deliberate abuse or misuse will
				not be replaced.
(c) Any equipment
				needing repair must be taken to a repair service authorized by the program or
				to the program office immediately. The recipient shall not take the equipment
				apart or attempt to repair it.
(d)
				Stolen equipment must be reported to the proper law enforcement authority
				within 24 hours of the discovery of the theft and a copy of the written theft
				report must be sent to the program within five days of the date of making the
				report.
(e) Lost equipment, other
				than that reported stolen, must be reported to the program within five days of
				loss. Lost equipment will not be replaced.
(f) Because the equipment is owned by the
				state of Montana, it may not be taken out-of-state for more than 90 consecutive
				days without written authorization in advance from the program.
(g) If the recipient's address changes within
				the state of Montana, recipient must notify the program of the new address
				within 20 days after the date of the move. If the recipient moves out of the
				state of Montana, the equipment must be returned prior to the move.
(h) The recipient must not sell, give away,
				or loan the equipment to any other person or entity.
(i) The recipient will be liable to the state
				of Montana for any claims for damages or expenses arising from the misuse of
				loaned equipment by any person or entity.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.36 - TELECOMMUNICATIONS ACCESS PROGRAM › Subchapter 37.36.9 - Appeal Process and Procedures › Rule 37.36.901 - GROUNDS FOR APPEAL

Current through Register Vol. 13, July 5, 2024
(1) In accordance
				with the procedures set forth in ARM
				37.36.902, an applicant or
				recipient may appeal any decision of the program regarding:
(a) eligibility for a loan;
(b) what is the appropriate communication
				device for the applicant or recipient;
(c) priority for distribution of
				communication devices; or
(d)
				termination of a loan.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.36 - TELECOMMUNICATIONS ACCESS PROGRAM › Subchapter 37.36.9 - Appeal Process and Procedures › Rule 37.36.902 - APPEAL PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) To appeal any
				program decision specified in ARM
				37.36.902, an applicant or
				recipient must submit to the program a clear written statement that the
				applicant or recipient is dissatisfied with the decision and wishes to appeal
				it. The statement must be received by the program within 60 calendar days after
				the date notice of the decision is given to the applicant or recipient.
(a) If notice of a program decision is given
				by mail, the 60-day appeal period begins to run the day after the notice is
				mailed.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.37 - MEDICAL NECESSITY REQUIREMENTS THERAPEUTIC YOUTH GROUP HOMES › Subchapter 37.37.1 - Therapeutic Youth Group Homes › Rule 37.37.101 - THERAPEUTIC YOUTH GROUP HOMES, DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-3-1103,
					 41-3-1142,
					 52-2-111,
					 52-2-622,
					 MCA; IMP,
					 41-3-1102,
					 41-3-1142,
					 52-2-111,
					 52-2-622,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.37 - MEDICAL NECESSITY REQUIREMENTS THERAPEUTIC YOUTH GROUP HOMES › Subchapter 37.37.1 - Therapeutic Youth Group Homes › Rule 37.37.105 - THERAPEUTIC YOUTH GROUP HOME, APPLICABILITY AND PARTICIPATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-3-1103,
					 52-1-103,
					 52-2-111,
					 MCA; IMP,
					 41-3-1103,
					 41-3-1122,
					 41-3-1105,
					 52-1-103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.37 - MEDICAL NECESSITY REQUIREMENTS THERAPEUTIC YOUTH GROUP HOMES › Subchapter 37.37.1 - Therapeutic Youth Group Homes › Rule 37.37.108 - THERAPEUTIC YOUTH GROUP HOMES, STAFFING OF MODERATE LEVEL HOMES (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-3-1103,
					 41-3-1142,
					 52-2-111,
					 52-2-602,
					 52-2-603,
					 52-2-622,
					 53-4-212,
					 MCA; IMP,
					 41-3-1103,
					 41-3-1142,
					 52-2-111,
					 52-2-602,
					 52-2-603,
					 52-2-622,
					 53-2-201,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.37 - MEDICAL NECESSITY REQUIREMENTS THERAPEUTIC YOUTH GROUP HOMES › Subchapter 37.37.1 - Therapeutic Youth Group Homes › Rule 37.37.111 - THERAPEUTIC YOUTH GROUP HOMES, STAFFING OF CAMPUS BASED LEVEL HOMES (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-3-1103,
					 41-3-1142,
					 52-2-111,
					 52-2-602,
					 52-2-603,
					 52-2-622,
					 53-4-212,
					 MCA; IMP,
					 41-3-1103,
					 41-3-1142,
					 52-2-111,
					 52-2-602,
					 52-2-603,
					 52-2-622,
					 53-2-201,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.37 - MEDICAL NECESSITY REQUIREMENTS THERAPEUTIC YOUTH GROUP HOMES › Subchapter 37.37.1 - Therapeutic Youth Group Homes › Rule 37.37.115 - THERAPEUTIC YOUTH GROUP HOMES, STAFFING OF INTENSIVE LEVEL HOMES (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-3-1103,
					 41-3-1142,
					 52-2-111,
					 52-2-602,
					 52-2-603,
					 52-2-622,
					 53-4-212,
					 MCA; IMP,
					 41-3-1103,
					 41-3-1142,
					 52-2-111,
					 52-2-602,
					 52-2-603,
					 52-2-622,
					 53-2-201,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.37 - MEDICAL NECESSITY REQUIREMENTS THERAPEUTIC YOUTH GROUP HOMES › Subchapter 37.37.1 - Therapeutic Youth Group Homes › Rule 37.37.120 - THERAPEUTIC YOUTH GROUP HOMES, MEDICAL NECESSITY, ADDITIONAL TRAINING REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-3-1103,
					 41-3-1142,
					 52-2-111,
					 MCA; IMP,
					 41-3-1103,
					 41-3-1142,
					 52-2-111,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.37 - MEDICAL NECESSITY REQUIREMENTS THERAPEUTIC YOUTH GROUP HOMES › Subchapter 37.37.1 - Therapeutic Youth Group Homes › Rule 37.37.130 - THERAPEUTIC YOUTH GROUP HOMES, MEDICAL NECESSITY, WELL-CHILD SCREENING, AND CHEMOTHERAPY (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-3-1103,
					 41-3-1142,
					 52-2-111,
					 MCA; IMP,
					 41-3-1103,
					 41-3-1142,
					 52-2-111,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.37 - MEDICAL NECESSITY REQUIREMENTS THERAPEUTIC YOUTH GROUP HOMES › Subchapter 37.37.1 - Therapeutic Youth Group Homes › Rule 37.37.136 - THERAPEUTIC YOUTH GROUP HOMES, MEDICAL NECESSITY, ADDITIONAL CASE RECORDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-3-1103,
					 41-3-1142,
					 52-2-111,
					 MCA; IMP,
					 41-3-1103,
					 41-3-1142,
					 52-2-111,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.37 - MEDICAL NECESSITY REQUIREMENTS THERAPEUTIC YOUTH GROUP HOMES › Subchapter 37.37.3 - Therapeutic Family Care › Rule 37.37.301 - THERAPEUTIC FAMILY CARE, DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-3-1103,
					 52-1-103,
					 52-2-111,
					 MCA; IMP,
					 41-3-1103,
					 41-3-1105,
					 41-3-1122,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.37 - MEDICAL NECESSITY REQUIREMENTS THERAPEUTIC YOUTH GROUP HOMES › Subchapter 37.37.3 - Therapeutic Family Care › Rule 37.37.303 - THERAPEUTIC FAMILY CARE, COMPLIANCE WITH APPLICABLE REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-3-1103,
					 52-1-103,
					 52-2-111,
					 MCA; IMP,
					 41-3-1103,
					 41-3-1105,
					 41-3-1122,
					 52-1-103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.37 - MEDICAL NECESSITY REQUIREMENTS THERAPEUTIC YOUTH GROUP HOMES › Subchapter 37.37.3 - Therapeutic Family Care › Rule 37.37.310 - THERAPEUTIC FAMILY CARE, LEVELS OF SERVICE (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-3-1103,
					 52-1-103,
					 52-2-111,
					 MCA; IMP,
					 41-3-1103,
					 41-3-1105,
					 41-3-1122,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.37 - MEDICAL NECESSITY REQUIREMENTS THERAPEUTIC YOUTH GROUP HOMES › Subchapter 37.37.3 - Therapeutic Family Care › Rule 37.37.311 - THERAPEUTIC FAMILY CARE, STAFF (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-3-1103,
					 52-1-103,
					 52-2-111,
					 MCA; IMP,
					 41-3-1103,
					 41-3-1105,
					 41-3-1122,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.37 - MEDICAL NECESSITY REQUIREMENTS THERAPEUTIC YOUTH GROUP HOMES › Subchapter 37.37.3 - Therapeutic Family Care › Rule 37.37.316 - THERAPEUTIC FAMILY CARE, TREATMENT PARENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-3-1103,
					 52-1-103,
					 52-2-111,
					 52-2-601,
					 52-2-621,
					 52-2-622,
					 MCA; IMP,
					 41-3-1103,
					 41-3-1105,
					 41-3-1122,
					 52-1-103,
					 52-2-111,
					 52-2-601,
					 52-2-621,
					 52-2-622,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.37 - MEDICAL NECESSITY REQUIREMENTS THERAPEUTIC YOUTH GROUP HOMES › Subchapter 37.37.3 - Therapeutic Family Care › Rule 37.37.318 - THERAPEUTIC FAMILY CARE, MEDICAL NECESSITY, ADDITIONAL TRAINING REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-3-1103,
					 52-1-103,
					 52-2-111,
					 52-2-601,
					 52-2-621,
					 52-2-622,
					 MCA; IMP,
					 41-3-1103,
					 41-3-1105,
					 41-3-1122,
					 52-1-103,
					 52-2-111,
					 52-2-601,
					 52-2-621,
					 52-2-622,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.37 - MEDICAL NECESSITY REQUIREMENTS THERAPEUTIC YOUTH GROUP HOMES › Subchapter 37.37.3 - Therapeutic Family Care › Rule 37.37.323 - THERAPEUTIC FAMILY CARE, INDIVIDUAL TREATMENT PLAN (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-3-1103,
					 52-1-103,
					 52-2-111,
					 MCA; IMP,
					 41-3-1103,
					 41-3-1105,
					 41-3-1122,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.37 - MEDICAL NECESSITY REQUIREMENTS THERAPEUTIC YOUTH GROUP HOMES › Subchapter 37.37.3 - Therapeutic Family Care › Rule 37.37.330 - THERAPEUTIC FAMILY CARE, WELL-CHILD SCREENING, AND CHEMOTHERAPY (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-3-1103,
					 52-1-103,
					 52-2-111,
					 MCA; IMP,
					 41-3-1103,
					 41-3-1105,
					 41-3-1122,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.37 - MEDICAL NECESSITY REQUIREMENTS THERAPEUTIC YOUTH GROUP HOMES › Subchapter 37.37.3 - Therapeutic Family Care › Rule 37.37.336 - THERAPEUTIC FAMILY CARE, MEDICAL NECESSITY, ADDITIONAL CASE RECORDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
41-3-1103,
					 52-1-103,
					 52-2-111,
					 MCA; IMP,
					 41-3-1103,
					 41-3-1105,
					 41-3-1122,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.1 - Nursing Home Care › Rule 37.40.101 - LEVEL OF CARE DETERMINATIONS

Current through Register Vol. 13, July 5, 2024
(1) The three basic
				considerations in every level of care determination are the individual
				patient's medical, psychological, and social needs; the specific services
				required to fill these needs; and the health and other personnel required to
				adequately provide these services.
Specific level of care criteria, as well as preadmission
				  screening procedures, are found in ARM
				  37.40.201.
(2) Assessing a patient's medical condition
				and evaluating the appropriateness of services for that condition is primarily
				a nurse coordinator's function. If questions arise regarding the patient's
				medical condition or the propriety of some or all of the services ordered by
				the attending physician, physician advisor review, including peer review, may
				be requested by the attending physician.
(3) Assessing a patient's psychological and
				social condition and evaluating the appropriate services for that condition is
				primarily a function of the department or its designee.
AUTH:
					 53-2-201,
					 53-6-113,
					 53-6-402,
					 MCA; IMP:
					 53-2-201,
					 53-6-101,
					 53-6-131,
					 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 37.40.1 - Nursing Home Care › Rule 37.40.105 - SKILLED CARE

Current through Register Vol. 13, July 5, 2024
(1) The goal of
				skilled care is to provide care for patients who require general medical
				management and skilled nursing care on a continuing basis, but who do not
				require the constant availability of physician services ordinarily found only
				in the hospital setting.
(2)
				Skilled nursing care includes components which distinguish it from supportive
				care. Supportive care does not require professional health training. One
				component is the observation and assessment of the total needs of the patient.
				Another component is the rendering of direct services to a patient where the
				ability to provide the services requires specialized training, such as a
				registered or a licensed practical nurse.
(3) In evaluating whether the services
				required by the patient are the continuous skilled services which constitute
				skilled care, several basic principles are considered.
(a) Since skilled care represents skilled
				nursing care on a continuous basis, the need for a single skilled service --
				for example, intramuscular injections twice a week -- would rarely justify a
				finding that the care constitutes skilled care.
(b) The classification of a particular
				service as skilled is based on the technical or professional health training
				required to effectively perform or supervise the service. For example, a
				patient, following instructions, can normally take oral medication.
				Consequently, the act of giving an oral medication to a patient who is too
				senile to take it himself would not be skilled service, even when a licensed
				nurse gives the medication.
(c) The
				importance of a particular service to an individual patient does not
				necessarily make it a skilled service. For example, a primary need of a
				non-ambulatory patient may be frequent changes of position in order to avoid
				development of decubiti. If changing the patient's position is the only regular
				and frequent service provided, it would not be a skilled service. Routine
				prophylactic and palliative skin care such as bathing, application of creams,
				etc. does not constitute skilled services. Presence of a small decubitus ulcer,
				rash or other relatively minor skin irritation does not generally indicate a
				need for skilled care. Existence of extensive decubiti or other widespread skin
				disorder may necessitate skilled care. Physicians' orders for treating the
				skin, rather than diagnosis, are the principal indication of whether skilled
				care is required.
(d) The
				possibility of adverse effects from improper performance of an otherwise
				unskilled service -- for example, improper transfer of patients from bed to
				wheelchair -- does not change it to a skilled service.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.1 - Nursing Home Care › Rule 37.40.106 - INTERMEDIATE NURSING CARE

Current through Register Vol. 13, July 5, 2024
(1) Intermediate
				care services may be included in facilities licensed as a skilled nursing home
				or a personal care home which has a registered or a licensed practical nurse on
				duty eight hours a day, seven days a week, and with adequate personnel to
				provide the necessary nursing supervision and care to the intermediate care
				cases. No additional professional nurses will be required to render skilled
				nursing care.
(2) The intermediate
				nursing care patient needs some nursing service which is largely routine and
				whose major needs are for light personal care services. The following treatment
				services may indicate the need for intermediate nursing home care: oral
				medication after routine dosage established; routine catheter care; routine
				service for indwelling catheter; routine change in dressing to non-infected
				area; routine skin care; care of small decubitus ulcer; routine inhalation
				therapy; and maintenance care of colostomy or ileostomy.
(3) The following personal care services
				usually indicate the need for intermediate care. The incontinent patient needs
				to be dressed and bathed, may be a bed to chair patient, may need some
				restraints and constant watching for safety, needs help with toileting, needs
				help for ambulation or constant watching to prevent falls, needs help with
				eating, may be confused or senile and at times uncooperative, may have
				impairment, such as blindness or deafness and these impairments require some
				extra attention.
Sec.
					 53-6-113,
					 MCA; IMP, Sec.
					 53-6-113,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.1 - Nursing Home Care › Rule 37.40.110 - SERVICES FURNISHED

Current through Register Vol. 13, July 5, 2024
The following sections list those services commonly furnished
				  by nursing personnel in skilled nursing homes and their usual skill
				  classification. Any generally non-skilled service could, because of special
				  medical complications in an individual case, require skilled performance,
				  supervision or observation. However, the complications and special services
				  involved should be documented by nursing notes and/or physician orders with
				  progress notes. These records should include the observations made of physical
				  findings, new developments in the course of the disease, the carrying out of
				  details of treatment prescribed, and the results of the treatment.
(1) Medications given by intravenous or
				intramuscular injections usually require skilled services. The frequency of
				injections would be particularly significant in determining whether the patient
				needs continuous skilled nursing care. Injections which can usually be
				self-administered -- for example, the well-regulated diabetic who receives a
				daily insulin injection -- do not require skilled services. Oral medications
				which require immediate changes in dosages because of sudden undesirable side
				effects or reactions should be administered to the patient and observed by
				licensed nurses, e.g., anti-coagulants, quinidine. This is a skilled service.
				Where a prolonged regimen of oral drug therapy is instituted, the need for
				continued presence of skilled nursing personnel can be presumed only during the
				period in which the routine is being established and changes in dosage cannot
				be anticipated or accomplished by unskilled personnel, e.g., digitalis.
(a) Administration of eye drops and topical
				ointments (including those required following cataract surgery) is not a
				skilled service. In Montana, institutional patients must receive all
				medications from licensed nurses; this fact, however, would not make the
				administration of oral medication a skilled service where the same type of
				medications are frequently prescribed for home use without skilled personnel
				being present.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.1 - Nursing Home Care › Rule 37.40.120 - PROBLEM CASES

Current through Register Vol. 13, July 5, 2024
(1) There are some
				situations in which a patient's condition requires the institutional services
				provided by a skilled care facility, but does not require the type of care
				which is defined as skilled care. Such situations often arise where a patient
				needs extensive personal services due to permanent handicap or general
				debility, and alternative living arrangements are impractical or impossible due
				to socio-economic, physical or emotional reasons.
(2) Certain emotional conditions, or
				disturbed patients may require continuous services of sufficient degree of
				skill as to be considered as skilled service. However, when such is the case
				the exact services and medications should be sufficiently documented to justify
				claiming this as a skilled service.
(3) When any of the following circumstances
				exist, there must be evidence that continuous skilled nursing service is also
				concurrently required and received. These are not of themselves considered
				skilled services, but in combination with others may be skilled services.
(a) The primary service is one or more of the
				following:
(i) oral medication;
(ii) skin care to prevent decubiti;
(iii) restraints;
(iv) frequent laboratory tests;
(v) routine incontinence care;
(vi) routine care for the blind;
(vii) supervision of daily living
				activities.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.2 - Screening for Skilled Nursing and Intermediate Care Services › Rule 37.40.201 - PREADMISSION SCREENING, DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1)
				"Active treatment" means:
(a) for persons
				with mental retardation or a related condition, a continuous program which
				includes aggressive consistent implementation of a program of specialized and
				generic training, treatment, health services and related services that is
				directed toward:
(i) the acquisition of the
				behaviors necessary for the person to function with as much self-determination
				and independence as possible; and
(ii) the prevention or deceleration of
				regression or loss of current optimal functional status. Active treatment does
				not include services to maintain a generally independent client who is able to
				function with little supervision or in the absence of a continuous treatment
				program.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.2 - Screening for Skilled Nursing and Intermediate Care Services › Rule 37.40.202 - PREADMISSION SCREENING, GENERAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) This rule provides the preadmission
				screening requirements of the Montana medicaid program for applicants to
				nursing facilities participating in the Montana medicaid program.
(2) Nursing facility applicants must undergo
				a level I screening prior to admission to a nursing facility.
(a) A level I screening may result in the
				following determinations which will apply as indicated:
(i) a nursing facility applicant who has no
				diagnosis or any indications of mental retardation or mental illness will:
(A) if not a medicaid recipient, receive a
				copy of the level I screen. No further action will be taken by the department;
				and
(B) if a medicaid recipient,
				undergo a level of care determination for nursing facility services.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.2 - Screening for Skilled Nursing and Intermediate Care Services › Rule 37.40.205 - PREADMISSION SCREENING, NURSING FACILITY SERVICES

Current through Register Vol. 13, July 5, 2024
(1) For elderly persons and physically
				disabled persons, the need for nursing facility service will be determined
				based upon the following criteria:
(a) The
				services of a skilled nursing facility (SNF) are needed when a person meets the
				criteria for skilled care as defined by Title XVIII of the Social Security
				Act.
(b) The services of an
				intermediate care facility (ICF) are needed when a person:
(i) does not qualify for skilled nursing
				facility care; and
(ii) is
				determined by the department or its designee to need care at a level higher
				than personal care;
(c)
				In order to receive home and community services, an applicant must be
				determined to be at risk of or require care at the intermediate level as
				determined by the department or its designee through a functional rating of the
				person. The need for such care is indicated when the person:
(i) is able to ambulate (walk or wheel) to a
				dining room or equivalent;
(ii) is
				capable of self care with minimal assistance;
(iii) has four or fewer problems determined
				to be low level by the department or its designee; and
(iv) requires no more than one-hour of
				nursing care per 24 hours.
(d) A candidate for discharge is a person who
				has two or less problems. This criteria does not apply to persons with a
				diagnosis of mental illness or mental retardation.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.2 - Screening for Skilled Nursing and Intermediate Care Services › Rule 37.40.206 - PREADMISSION SCREENING, REDETERMINATION OF NEED FOR NURSING FACILITY SERVICES

Current through Register Vol. 13, July 5, 2024
(1) For a person
				who is identified as in need of nursing facility services, and is enrolled in
				the home and community services program, a redetermination of the need for
				nursing facility services will take place 90 days after enrollment and every
				180 days thereafter.
(2) For a
				person who is identified as in need of nursing facility services in an
				intermediate care facility for the mentally retarded (ICF/MR) and is enrolled
				in the home and community services program, a redetermination will be conducted
				annually.
Sec.
					 53-2-201,
					 53-6-113
					 and
					 53-6-402,
					 MCA; IMP, Sec.
					 53-2-201,
					 53-6-101,
					 53-6-111
					 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 37.40.2 - Screening for Skilled Nursing and Intermediate Care Services › Rule 37.40.207 - PREADMISSION SCREENING, QUALIFIED MENTAL RETARDATION PROFESSIONAL

Current through Register Vol. 13, July 5, 2024
(1) The department will approve persons as
				qualified mental retardation professionals for purposes of providing
				preadmission screening and medicaid related case management services.
(2) Qualified mental retardation professional
				means a person who has specialized training or one year of work experience in
				habilitation or related services with mentally retarded or other
				developmentally disabled individuals.
(3) The department will accept as evidence of
				specialized training the following factors:
(a) licensure or certification in a
				profession which involves direct care to developmentally disabled
				persons;
(b) documentation of
				training, such as certification as a developmental disabilities client
				programming technician; or
(c)
				certification as a developmental disabilities professional person.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.3 - Reimbursement for Skilled Nursing and Intermediate Care Services › Rule 37.40.301 - SCOPE, APPLICABILITY, AND PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) This subchapter
				specifies requirements applicable to provision of and reimbursement for
				Medicaid nursing facility services, including intermediate care facility
				services for individuals with intellectual disabilities. These rules are in
				addition to requirements generally applicable to Medicaid providers as
				otherwise provided in state and federal statute, rules, regulations, and
				policies.
(2) These rules are
				subject to the provisions of any conflicting federal statute, regulation or
				policy, whether now in existence or hereafter enacted or adopted.
(3) Reimbursement and other substantive
				nursing facility requirements are subject to the laws, regulations, rules, and
				policies then in effect. Procedural and other nonsubstantive provisions of
				these rules are effective upon adoption.
AUTH:
					 53-2-201,
					 53-6-113,
					 MCA; IMP:
					 53-2-201,
					 53-6-101,
					 53-6-111,
					 53-6-113,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.3 - Reimbursement for Skilled Nursing and Intermediate Care Services › Rule 37.40.304 - NURSING FACILITY SERVICES

Current through Register Vol. 13, July 5, 2024
(1) Nursing
				facility services are provided in accordance with 42 CFR, part 483, subpart B,
				or intermediate care facility services for individuals with intellectual
				disabilities provided in accordance with 42 CFR, part 483, subpart I. The
				department adopts and incorporates by reference 42 CFR, part 483, subparts B
				and I, that define the participation requirements for nursing facility and
				intermediate care facility for individuals with intellectual disabilities
				(ICF/IID) providers, copies of which may be obtained from the Department of
				Public Health and Human Services, Senior and Long Term Care Division, 111 N.
				Sanders, P.O. Box 4210, Helena, MT 59604-4210.
(2) The term "nursing facility services"
				includes the term "long term care facility services".
(3) Nursing facility services include, but
				are not limited to:
(a) a medically necessary
				room;
(b) dietary services
				including dietary supplements used for tube feeding or oral feeding such as
				high nitrogen diet;
(c) nursing
				services;
(d) minor medical and
				surgical supplies; and
(e) the use
				of equipment and facilities.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.3 - Reimbursement for Skilled Nursing and Intermediate Care Services › Rule 37.40.307 - NURSING FACILITY REIMBURSEMENT

Current through Register Vol. 13, July 5, 2024
(1) For
				nursing facility services, other than ICF/IID services, provided by nursing
				facilities located within the state of Montana, the Montana Medicaid program
				will pay a provider, for each Medicaid patient day, a per diem rate determined
				in accordance with this rule, minus the amount of the Medicaid recipient's
				patient contribution.
(2) Effective
				July 1, 2020, and in subsequent rate years, the reimbursement rate for each
				nursing facility will be determined using the flat rate component specified in
				(2)(a) and the quality component specified in (2)(b).
(a) The flat rate component is the same per
				diem rate for each nursing facility and will be determined each year through a
				public process. Factors that could be considered in the establishment of this
				flat rate component include cost of providing nursing facility services and
				Medicaid recipient access to nursing facility services. The flat rate component
				for state fiscal year (SFY) 2024 is $257.54.
(b) The quality component of each nursing
				facility's rate is based on the 5-star rating system for nursing facility
				services calculated by the Centers for Medicare & Medicaid Services (CMS).
				It is set for each facility based on their average 5-star rating for staffing
				and quality. Facilities with an average rating of 3 to 5 stars will receive a
				quality component payment. The funding for the quality component payment will
				be divided by the total estimated Medicaid bed days to determine the quality
				component per Medicaid bed day. The quality component per bed day is then
				adjusted based on each facility's 5-star average of staffing and quality
				component scores. A facility with a 5-star average of staffing and quality
				component scores will receive 100%, a 4-star average will receive 75%, a 3-star
				average will receive 50%, and 1- and 2-star average facilities will receive 0%,
				of the quality component payment. Funds unused by the first allocation round
				will be reallocated based on the facility's percentage of unused allocation
				against the available funds.
(c)
				The total payment rate available for the period July 1, 2023, through June 30,
				2024, will be the rate as computed in (2), plus any additional amount computed
				in ARM 37.40.311 and
				37.40.361. Copies of the
				department's current nursing facility Medicaid reimbursement rates per facility
				are posted at
https://medicaidprovider.mt.gov/26#1875810541
,
				or may be obtained from the Department of Public Health and Human Services,
				Senior & Long-Term Care Division, P.O. Box 4210, Helena, MT
				59604-4210.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.3 - Reimbursement for Skilled Nursing and Intermediate Care Services › Rule 37.40.308 - RATE EFFECTIVE DATES

Current through Register Vol. 13, July 5, 2024
(1) A provider's
				per diem rate effective for the rate period July 1, 2001 through June 30, 2002
				and in subsequent rate years, shall be determined in accordance with ARM
				37.40.307.
(2) Except as specifically provided in these
				rules, per diem rates and interim rates are set no more than once a year,
				effective July 1, and remain in effect at least through June 30 of the
				following year.
(a) Nothing in this
				subchapter shall be construed to require that the department apply any
				inflation adjustment, recalculate the Medicaid case mix index or the statewide
				price, or otherwise adjust or recalculate per diem rates or interim rates on
				July 1 of a rate year, unless the department adopts further rules or rule
				amendments providing specifically for a rate methodology for the rate
				year.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.3 - Reimbursement for Skilled Nursing and Intermediate Care Services › Rule 37.40.309 - NURSING FACILITY REIMBURSEMENT (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 53-2-201,
					 53-6-113,
					 MCA ; IMP:
					 53-2-201,
					 53-6-101,
					 53-6-113,
					 MCA