reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.70 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Subchapter 37.70.3 - Application and Eligibility Determination › Rule 37.70.311 - PROCEDURES FOLLOWED IN PROCESSING APPLICATIONS AND VERIFIABLE ELIGIBILITY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The procedures
				for determining eligibility for LIHEAP benefits are as follows:
(a) The household files an application
				together with verification for determining financial eligibility and benefit
				award.
(b) After an application is
				filed, the local contractor may request any additional information or
				documentation needed to determine the household's eligibility, benefit amount,
				or both.
(c) If a household fails
				to provide information or documentation necessary for a determination of
				eligibility within 45 days of the date of the most recent request for
				additional information, the application will be denied.
(d) If an application is denied, the
				household may reapply for assistance.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.70 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Subchapter 37.70.3 - Application and Eligibility Determination › Rule 37.70.312 - NOTIFICATION OF ELIGIBILITY

Current through Register Vol. 13, July 5, 2024
(1) An individual
				who applies for low income home energy assistance will be notified in writing
				whether the application has been approved or denied and, if the application is
				approved, of the benefit amount. If the application is denied, the notice shall
				state the reason for denial. A notice approving or denying an application shall
				advise the applicant of the right to a fair hearing as provided in ARM
				37.5.307.
AUTH:
					 53-2-201, MCA; IMP:
					 53-2-201,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.70 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Subchapter 37.70.3 - Application and Eligibility Determination › Rule 37.70.318 - NOTICE OF ADVERSE ACTION

Current through Register Vol. 13, July 5, 2024
(1) Each person
				who receives assistance must be notified ten days in advance of any action that
				terminates or reduces his benefits. Notification must be in writing and contain
				information about the amount of decrease or the closure, the reason and legal
				basis for the action, and must advise the client of the date on which the
				action will take effect. The notice must inform the client of his right to a
				fair hearing.
(2) The local
				contractor may dispense with timely notice but must send adequate notice no
				later than the date of action in the following situations:
(a) recipient dies;
(b) recipient no longer wishes
				assistance;
(c) recipient admitted
				or committed to an institution;
(d)
				recipient fraudulently obtained benefits.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.70 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Subchapter 37.70.4 - Coverage and Conditions of Eligibility › Rule 37.70.401 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Annual gross income" means all
				nonexcluded income including wages, salaries, commissions, tips, profits,
				gifts, interest or dividends, retirement pay, workers' compensation,
				unemployment compensation, social security retirement and disability payments,
				supplemental security income payments, veterans administration payments, cash
				public assistance benefits such as temporary assistance for needy families or
				tribal, state, or county general relief, and capital gains received by the
				members of the household for one month immediately preceding the month of
				application, which will be annualized by multiplying that figure by 12.
(a) For households with self-employment
				income, annual gross income means gross receipts for one month immediately
				preceding the month of application minus self-employment deductions for the
				same time period, which will be annualized by multiplying that figure by
				12.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.70 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Subchapter 37.70.4 - Coverage and Conditions of Eligibility › Rule 37.70.406 - INCOME STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Households with
				up to eight members with annual gross income at or below 60 percent of the
				estimated state median are eligible for LIHEAP benefits on the basis of income.
				Households with nine or more members are eligible for LIHEAP benefits on the
				basis of income only if the household's annual gross income is at or below 150
				percent of the 2022 U.S. Department of Health and Human Services' poverty
				guidelines for a household of that size. Households with annual gross income
				above the applicable income standard are ineligible for LIHEAP benefits, unless
				the household is automatically financially eligible for LIHEAP benefits as
				provided in ARM 37.70.402 because all members of the household are receiving
				SNAP, SSI, or TANF-funded cash assistance.
(2) The department adopts and incorporates by
				reference the department's Low Income Home Energy Assistance Program (LIHEAP)
				Table of Income Standards, 2022-2023 heating season. The LIHEAP table of income
				standards is located at
https://dphhs.mt.gov/hcsd/energyassistance/
or a copy may be obtained from the Department of Public Health and Human
				Services, Human and Community Services Division, P.O. Box 202956, Helena, MT
				59620-2956.
(3) Households eligible
				for LIHEAP are also eligible for LIHEAP client education and outreach
				activities.
AUTH:
					 53-2-201, MCA; IMP:
					 53-2-201,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.70 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Subchapter 37.70.4 - Coverage and Conditions of Eligibility › Rule 37.70.408 - RESOURCES

Current through Register Vol. 13, July 5, 2024
(1) The following nonbusiness resources are
				counted in determining a household's eligibility:
(a) cash on hand;
(b) certificate of deposits;
(c) checking and savings accounts;
(d) market value of stocks or bonds and/or
				other negotiable resources; and
(e)
				the equity value of real property which is not the family
				home.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.70 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Subchapter 37.70.6 - Need and Amount of Assistance › Rule 37.70.601 - BENEFIT AWARD

Current through Register Vol. 13, July 5, 2024
(1) The department
				adopts and incorporates by reference the department's LIHEAP Benefit Award
				Matrix and Table of Multipliers, for the 2022-2023 heating season. The LIHEAP
				Benefit Award Matrix is located at
https://dphhs.mt.gov/hcsd/energyassistance/
or a copy may be obtained from the Department of Public Health and Human
				Services, Human and Community Services Division, Intergovernmental Human
				Services Bureau, 1400 Carter Drive, P.O. Box 202956, Helena, MT 59620. These
				matrices are used to establish the benefit payable to an eligible household for
				a full heating season. The 2021-2022 benefit matrix will be used for the
				2021-2022 heating season, and the 2022-2023 benefit matrix will be used for the
				2022-2023 heating season. The benefit varies by:
(a) household income level;
(b) type of primary heating fuel;
(c) the type of dwelling: single family unit,
				multi-family unit, and mobile home;
(d) the number of bedrooms in the dwelling;
(e) the heating district in which the
				household is located, to account for climatic differences across the
				state;
(f) verification of the
				identities and citizenship or qualified alien status of those residing in the
				household; and
(g) the household's
				resources.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.70 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Subchapter 37.70.6 - Need and Amount of Assistance › Rule 37.70.602 - BENEFIT AWARDS: MISCELLANEOUS

Current through Register Vol. 13, July 5, 2024
(1) Households
				found eligible may apply all or a portion of their benefit award for conversion
				to a less costly heating fuel.
(2)
				Eligible households who convert to a less costly heating fuel must disclaim any
				right to additional program benefits for the current heating season regardless
				of change of address or any other circumstance except emergencies as defined in
				ARM 37.70.901.
(3) When an eligible
				household changes residence during the heating season, the household must file
				a new application. The household's benefit award will then be recomputed based
				on its new residence, and the new benefit will be prorated from the date of the
				change of residence. Any unused portion of the original benefit award reverts
				to the department. When an eligible household changes its type of primary
				heating fuel during the heating season, the household is not required to file a
				new application but must have its benefit award recomputed based on the new
				type of fuel. The new benefit will be prorated from the date of the change of
				type of fuel. Any unused portion of the original benefit reverts to the
				department.
(4) Benefit awards will
				be prorated for households new to the state or not previously responsible for
				heating costs from the date of residency or responsibility for the remainder of
				the heating season. Benefits will also be prorated for households who live in
				an area served by tribal LIHEAP if the household moves from the service area
				during the heating season and applies for benefits through Montana LIHEAP. Such
				households are eligible for a prorated benefit for the remainder of the heating
				season from the date the household moved from the service area served by the
				tribal LIHEAP.
(5) When a household
				changes primary fuel vendors, any remaining LIHEAP attributable credit balance
				will be returned to the department by the original fuel vendor. The department
				may reissue the unused portion of the benefit award to the new fuel vendor or
				reimburse the household as provided in ARM 37.70.607.
AUTH:
					 53-2-201, MCA; IMP:
					 53-2-201,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.70 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Subchapter 37.70.6 - Need and Amount of Assistance › Rule 37.70.603 - REVERSION OF BENEFITS

Current through Register Vol. 13, July 5, 2024
(1) If a
				beneficiary discontinues utility service or changes residence or fuel type, the
				balance of the fuel benefit will be returned to the department.
53-2-201,
					 MCA; IMP,
					 53-2-201,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.70 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Subchapter 37.70.6 - Need and Amount of Assistance › Rule 37.70.607 - AMOUNT AND METHOD OF PAYMENT

Current through Register Vol. 13, July 5, 2024
(1)
				Eligible households directly billed for energy costs by the fuel vendor will be
				paid a benefit amount computed using the benefit matrices and multipliers in
				the Low Income Home Energy Assistance Program (LIHEAP) Benefit Award Matrix and
				Table of Multipliers and will be paid as follows:
(a) Reimbursement may, at the discretion of
				the department only, be made by check payable to the household for any eligible
				energy costs which have been paid by the household at the time of the benefit
				or adjusted award. Paid eligible energy costs claimed by the household must be
				supported by fuel receipts.
(b) The
				amount of the benefit or adjusted award remaining after the application of
				(1)(a) will be paid by check directly to the fuel vendor and will be applied by
				the fuel vendor against any unpaid, including any future, eligible energy costs
				of the household in accordance with the department-provided vendor application
				and contract. Any credit balance in excess of $50 attributable to the benefit
				or adjusted award after the end of the heating season must be returned to the
				department. For the 2021-2022 and 2022-2023 heating seasons only, any LIHEAP
				attributable credit balance in excess of $500 must be returned to the
				department no later than August 31, 2023.
(c) Application for benefits for the current
				heating season will not be processed until the credit balances for each of the
				household's fuel vendors attributable to previous years' program awards total
				$50 or less. This does not apply if the department has extended the heating
				season and has allowed LIHEAP attributable credit balances to remain on the
				recipients' accounts until spent.
(d) All credit balances are presumed to be
				from previous program awards unless the household provides proof to the
				contrary.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.70 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Subchapter 37.70.6 - Need and Amount of Assistance › Rule 37.70.608 - ADJUSTMENT OF PAYMENTS TO AVAILABLE FUNDS

Current through Register Vol. 13, July 5, 2024
(1)
				When funds are not available to serve all eligible households, the department
				may, at its option, take any or all of the following steps:
(a) reduce the maximum benefit amounts of the
				benefit award matrices;
(b) limit
				eligibility to only financially needy households with a member 60 years of age
				or older, or with a member who is disabled and receiving supplemental security
				income or social security income based on permanent and total disability;
				or
(c) deny all subsequent
				applications.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.70 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Subchapter 37.70.9 - Emergency Assistance › Rule 37.70.901 - EMERGENCY ASSISTANCE

Current through Register Vol. 13, July 5, 2024
(1) Emergency
				assistance under LIHEAP may be provided to an eligible household in the
				following circumstances only when such circumstances present an imminent threat
				to the health and safety of the household:
(a)
				the household's primary supply of energy is interrupted because of weather
				conditions and another supply or a different type of energy is
				necessary;
(b) weather or other
				forces outside the household's control damages the household's dwelling and
				causes the dwelling to suffer a severe loss of heat;
(c) hazardous or potentially hazardous
				conditions exist in the household's primary home water heating system, space
				heating systems, or safety modifications to the system are required;
(d) any other home energy-related conditions
				caused by severe weather conditions, fuel shortages, or acts of God;
				or
(e) the household has a
				documented medical need for home energy-related safety modifications.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.70 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Subchapter 37.70.9 - Emergency Assistance › Rule 37.70.902 - SUPPLEMENTAL ASSISTANCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 53-2-201,
					 MCA; IMP, Sec.
					 53-2-201,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.71 - LOW INCOME WEATHERIZATION ASSISTANCE PROGRAM (LIWAP) › Subchapter 37.71.1 - General Program Administration › Rule 37.71.101 - SAFEGUARDING/SHARING INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) Disclosure of
				information concerning applicants for or recipients of weatherization
				assistance for low income persons is restricted to purposes directly connected
				with the administration of such aid. Such purposes include establishing
				eligibility, determining amount of assistance, and providing benefits to or on
				behalf of applicants and recipients.
(a) When
				information is released, such information will be accompanied with a
				notification of the confidentiality of the information and the penalty for
				misuse of such information. Whenever possible, the department will attempt to
				obtain prior consent from the applicant or recipient, except in emergency
				situations where notification will be given after the release of information
				and in cases where the information is released for legal and investigative
				actions concerning fraud, collection of support and third party medical
				recovery.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.71 - LOW INCOME WEATHERIZATION ASSISTANCE PROGRAM (LIWAP) › Subchapter 37.71.1 - General Program Administration › Rule 37.71.102 - ROLE OF THE LOCAL CONTRACTOR

Current through Register Vol. 13, July 5, 2024
(1) The
				department will contract with appropriate community-based organizations in the
				state to provide outreach, receive and process applications, and provide
				weatherization services for the low income weatherization assistance program. A
				local contractor may provide one or all of these functions as designated by the
				department.
(a) In providing outreach, the
				local contractor performs activities designed to inform potentially-eligible
				households of the existence of and the benefits available under the low income
				weatherization assistance program.
(b) In receiving and processing applications,
				the designated local contractor determines household eligibility under the
				rules contained in this chapter.
(c) The designated local contractor shall see
				that priority is given to identifying and providing weatherization assistance
				to the elderly, persons with a disability, and children using a computerized
				listing of households prioritized for service provided by the department and
				described in ARM
				37.71.601.
				The computerized listing may be amended by the designated local contractor
				using the procedure described in ARM 37.71.601.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.71 - LOW INCOME WEATHERIZATION ASSISTANCE PROGRAM (LIWAP) › Subchapter 37.71.1 - General Program Administration › Rule 37.71.106 - FAIR HEARINGS

Current through Register Vol. 13, July 5, 2024
(1) Any person who
				is aggrieved by an adverse department action taken on his application, benefit
				status, form or condition of services, may request a fair hearing as provided
				in ARM 37.5.304,
				37.5.305,
				37.5.307,
				37.5.310,
				37.5.311,
				37.5.313,
				37.5.318,
				37.5.322,
				37.5.325,
				37.5.328,
				37.5.331,
				37.5.334 and
				37.5.337.
(2) It is the responsibility of the
				department through the designated local contractor to inform every applicant/
				recipient in writing at the time of application and at the time any action
				affects his benefits of the right to request a fair hearing.
Sec.
					 53-2-201,
					 MCA; IMP, Sec.
					 90-4-201
					 and
					 90-4-202,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.71 - LOW INCOME WEATHERIZATION ASSISTANCE PROGRAM (LIWAP) › Subchapter 37.71.1 - General Program Administration › Rule 37.71.107 - REFERRALS TO THE OFFICE OF INSPECTOR GENERAL, PROGRAM COMPLIANCE BUREAU

Current through Register Vol. 13, July 5, 2024
(1) The Office of Inspector General, Program
				Compliance Bureau (PCB) will have the power and duty to conduct an
				investigation to determine, based on the evidence gathered, whether a person or
				household has committed a program violation as defined in ARM
				37.71.110.
(2) Requests to investigate suspected program
				violations must be sent to the department's Intergovernmental Human Services
				Bureau (IHSB), 1400 Carter Drive, P.O. Box 202956, Helena, MT 59620-2956. IHSB
				will review cases prior to referral to the PCB.
AUTH:
					 53-2-201,
					 90-4-201,
					 MCA; IMP:
					 90-4-201,
					 90-4-202,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.71 - LOW INCOME WEATHERIZATION ASSISTANCE PROGRAM (LIWAP) › Subchapter 37.71.1 - General Program Administration › Rule 37.71.110 - WEATHERIZATION ASSISTANCE PROGRAM VIOLATIONS

Current through Register Vol. 13, July 5, 2024
(1) A person is guilty of a program violation
				if the person purposely or knowingly obtains weatherization assistance provided
				under Title 53, chapter 2, part 2, MCA, that the person is not entitled to
				receive, by means of:
(a) a knowingly false
				statement, representation, or impersonation; or
(b) a fraudulent scheme or device.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.71 - LOW INCOME WEATHERIZATION ASSISTANCE PROGRAM (LIWAP) › Subchapter 37.71.3 - Specific Ambulance Licensure Requirements › Rule 37.71.301 - NOTIFICATION OF ELIGIBILITY DETERMINATION

Current through Register Vol. 13, July 5, 2024
(1)
				An individual who makes application for low income weatherization assistance
				will receive written notice of eligibility including priority for service. If
				the applicant is determined ineligible, notification shall include the reasons
				for nonapproval.
(2) Households
				determined eligible but not prioritized high enough to receive service must be
				redetermined for eligibility after one year from initial application except
				that redetermination may be made within a year if a reasonable suspicion of
				change of status occurs.
(3)
				Notification of eligibility shall contain the following language: "Because of
				limited funds, homes are weatherized on a priority basis with special
				consideration given to the elderly, persons with a disability, and children.
				Households will be notified when funds become available to weatherize the
				applicant's home. If not notified within one year, the applicant must reapply
				to be reassigned priority for service."
AUTH:
					 53-2-201,
					 90-4-201,
					 MCA; IMP:
					 90-4-201,
					 90-4-202,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.71 - LOW INCOME WEATHERIZATION ASSISTANCE PROGRAM (LIWAP) › Subchapter 37.71.3 - Specific Ambulance Licensure Requirements › Rule 37.71.304 - NOTICE OF ADVERSE ACTION

Current through Register Vol. 13, July 5, 2024
(1) Each person
				determined eligible for weatherization assistance must be notified by the
				designated local contractor in advance of any action that terminates or reduces
				his benefits. Notification must be in writing and contain information about the
				amount of decrease or the closure, the reason and legal basis for the action,
				and must advise the client of the date on which the action will take effect.
				The notice must inform the client of his right to a fair hearing.
Sec.
					 53-2-201,
					 MCA; IMP, Sec.
					 90-4-201
					 and
					 90-4-202,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.71 - LOW INCOME WEATHERIZATION ASSISTANCE PROGRAM (LIWAP) › Subchapter 37.71.3 - Specific Ambulance Licensure Requirements › Rule 37.71.308 - APPLICATION/ELIGIBILITY

Current through Register Vol. 13, July 5, 2024
(1) Elderly or handicapped persons residing
				in a community residential facility as defined at
				76-2-411,
				MCA need not apply for weatherization assistance as provided for in this
				subchapter. The department will determine their eligibility based on their
				living arrangement and the individual records available to the department. The
				department will provide a list of the eligible facilities to the designated
				local contractors.
Sec.
					 53-2-201,
					 MCA; IMP, Sec.
					 90-4-201
					 and
					 90-4-202,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.71 - LOW INCOME WEATHERIZATION ASSISTANCE PROGRAM (LIWAP) › Subchapter 37.71.4 - Specific Nontransporting Services License Requirements › Rule 37.71.401 - LOW INCOME WEATHERIZATION ASSISTANCE PROGRAM, DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Act of God" means an event caused solely
				by forces of nature without human involvement.
(2) "Child" means a person who is under age
				18.
(3) "Disability" means the same
				as when the term is used in Social Security law purposes and is determined by
				the Federal Social Security Administration (SSA) under Title II or Title XVI of
				the Social Security Act. Verification of disability will be demonstrated by
				persons showing a supplemental security income disability card, Social Security
				disability check, or award letter.
(4) "Elderly" means a person who is 60 years
				of age or older.
(5) "Energy
				burden" means the percentage of a household's income which is allocated to
				energy costs for the household's dwelling. The energy burden is calculated by
				dividing the household's actual or estimated annual heating costs by the
				household's annual income.
(6)
				"Energy usage" means the amount of energy used over a given period. The annual
				energy usage is determined by using actual or estimated heating cost over a
				twelve-month period.
(7)
				"Weatherization related imminent threat to the health or safety of a household"
				means any adverse condition in a dwelling that:
(a) relates to a structure, appliance,
				system, or equipment that directly and significantly impacts the dwelling's
				energy usage or energy conservation, including but not limited to the
				dwelling's primary water heating and/or space heating systems; and
(b) creates a serious and immediate risk to
				the physical health or safety of residents of the dwelling.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.71 - LOW INCOME WEATHERIZATION ASSISTANCE PROGRAM (LIWAP) › Subchapter 37.71.4 - Specific Nontransporting Services License Requirements › Rule 37.71.404 - LOW INCOME WEATHERIZATION ASSISTANCE PROGRAM, ELIGIBILITY

Current through Register Vol. 13, July 5, 2024
(1) A household is eligible for the Low
				Income Weatherization Assistance Program (LIWAP) if:
(a) the household satisfies the financial
				requirements of (2)(a) or (b) of this rule; and
(b) the household's dwelling satisfies the
				nonfinancial requirements of ARM
				37.71.601.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.71 - LOW INCOME WEATHERIZATION ASSISTANCE PROGRAM (LIWAP) › Subchapter 37.71.6 - Automated External Defibrillators (AED) › Rule 37.71.601 - ELIGIBILITY FOR WEATHERIZATION SERVICE: PRIORITIES

Current through Register Vol. 13, July 5, 2024
(1) Except as provided in (1)(a), a dwelling
				is not eligible for weatherization services funded with U.S. Department of
				Energy (DOE) funds if the dwelling has been weatherized within the fifteen
				years following the date of the previous weatherization completion.
(a) Regardless of the time limitations
				imposed in (1), DOE funds may be used at any time to weatherize a dwelling that
				has been damaged by fire, flood, or act of God if the damage to weatherization
				materials will not be paid for by insurance.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.71 - LOW INCOME WEATHERIZATION ASSISTANCE PROGRAM (LIWAP) › Subchapter 37.71.6 - Automated External Defibrillators (AED) › Rule 37.71.602 - DETERMINING LOW INCOME WEATHERIZATION ASSISTANCE

Current through Register Vol. 13, July 5, 2024
(1) Weatherization assistance is available to
				eligible households in accordance with the prioritized measures as determined
				by the State's Computerized Energy Audit (CEA) system.
(2) Dwellings chosen to be weatherized must
				receive those measures determined to be cost effective as defined in 10 CFR
				440, as amended through July 1, 2022. The department adopts and incorporates by
				reference 10 CFR 440, as amended through July 1, 2022. A copy of these federal
				regulations is available at
https://www.ecfr.gov/current/title-10/chapter-II/subchapter-D/part-440
or may be obtained from the Department of Public Health and Human Services,
				Human and Community Services Division, Intergovernmental Human Services
				Division, 1400 Carter Drive, P.O. Box 202956, Helena, MT 59620- 2956.
(3) The department adopts and incorporates by
				reference the department's 2022 Weatherization Policy Manual and National
				Renewable Energy Laboratory (NREL) Standard Work Specifications effective July
				1, 2022. The Weatherization Policy Manual is located at the department's web
				site at
https://dphhs.mt.gov/hcsd/energyassistance/
or a copy may be obtained from the Department of Public Health and Human
				Services, Human and Community Services Division, Intergovernmental Human
				Services Bureau, 1400 Carter Drive, P.O. Box 202956, Helena, MT 59620-2956. The
				NREL Standard Work Specifications are located at the NREL web site at
https://sws.nrel.gov/
.
AUTH:
					 53-2-201,
					 90-4-201,
					 MCA; IMP:
					 53-2-201,
					 90-4-201,
					 90-4-202,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.74 - REFUGEE ASSISTANCE › Subchapter 37.74.1 - General Administration and Assistance › Rule 37.74.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) For the purpose of this chapter, the
				following definitions apply:
(a) Refugee
				means an individual who:
(i) is a national of
				Cambodia, Vietnam or Laos and entered the United States on or after April 8,
				1975; or
(ii) is a national of Cuba
				or Haiti and is an entrant to the United States as verified by the immigration
				and naturalization service through INS form I-94;
(iii) is a national of any country granted
				refugee status in the United States as verified by the immigration and
				naturalization service through INS form I-94.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.74 - REFUGEE ASSISTANCE › Subchapter 37.74.1 - General Administration and Assistance › Rule 37.74.102 - REFUGEE CASH ASSISTANCE

Current through Register Vol. 13, July 5, 2024
(1) Refugee cash
				assistance (RCA) shall be provided to a refugee who:
(a) is not eligible for other cash assistance
				programs such as AFDC, SSI, OAA, AB, APTD and AABD;
(b) meets the following immigration status
				and identification requirements;
(i) has
				parole status as a refugee or asylee under section 212(d) (5) of the
				Immigration and Nationality Act;
(ii) has been admitted as a conditional
				entrant under section 203(a) (7) of the Immigration and Nationality
				Act;
(iii) has been admitted as a
				refugee under section 207 of the Immigration and Nationality Act;
(iv) has been granted asylum under section
				208 of the Immigration and Nationality Act;
(v) has been admitted with an immigration
				status that entitled the individual to refugee assistance prior to enactment of
				the Refugee Act of 1980, as specified by the director;
(vi) is a dependent child of and part of the
				same filing unit as individuals who meet immigration status requirements;
				or
(vii) has been admitted for
				permanent residence provided the individual previously held one of the statuses
				identified above.
(c)
				provides the name of the resettlement agency which resettled him;
(d) is not a full-time student in a college
				or university except where such enrollment is approved as part of an
				individual's state-approved employability plan; or
(e) meets all income and resource criteria of
				the AFDC program except that the $30 plus 1/3 disregard and the $30 disregard
				to earned income is not allowed. Refer to ARM 46.10.401 through 46.10.404 and
				46.10.505 through 46.10.514.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.74 - REFUGEE ASSISTANCE › Subchapter 37.74.1 - General Administration and Assistance › Rule 37.74.103 - REFUGEE MEDICAL ASSISTANCE

Current through Register Vol. 13, July 5, 2024
(1) Medical
				assistance will be provided to refugees who qualify under (2) or (3) for the
				eight month period beginning with the month of entry to the United
				States.
(2) Recipients of refugee
				cash assistance are categorically eligible for medical assistance.
(3) Refugees not receiving refugee cash
				assistance are eligible for refugee medical assistance provided they:
(a) are ineligible for medicaid but meet the
				financial eligibility requirements of the medically needy program as set forth
				in ARM 37.82.1106,
				37.82.1107 and
				37.82.1110;
(b) meet immigration status and
				identification requirements as set forth in ARM
				37.74.102(b) (i) 
				through (vii) or are the dependent children of, and part of the same filing
				unit as, individuals who meet these requirements;
(c) have not applied for, been denied or
				terminated from refugee cash assistance;
(d) provide the name of the resettlement
				agency which resettled them; and
(e) are not full-time students in
				institutions of higher education, except when enrollment in such an institution
				is approved by the state as part of an individual employability plan.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.75 - CHILD AND ADULT CARE FOOD PROGRAM › Subchapter 37.75.1 - General › Rule 37.75.102 - CIVIL RIGHTS

Current through Register Vol. 13, July 5, 2024
(1) The CACFP is a
				federal program and all participants must comply with Title VI of the Civil
				Rights Act of 1964. The full description of participant responsibilities is set
				forth in the civil rights section of the CACFP Manual, and is adopted and
				incorporated by this reference. A copy of the CACFP Manual's civil rights
				section is available from the Department of Public Health and Human Services,
				Human and Community Services Division, 111 N. Jackson, P.O. Box 202925, Helena,
				MT 59620-2925.
(2) The federal
				CACFP requires the inclusion of the USDA nondiscrimination and equal
				opportunity statements as set forth in (2)(a) to be used in all informational
				materials disseminated to the public.
(a) "In
				accordance with federal law and U.S. Department of Agriculture policy, this
				institution is prohibited from discriminating on the basis of race, color,
				national origin, sex, age, or disability.
To file a complaint of discrimination, write USDA, Director,
				  Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue
				  SW, Washington, DC 20250-9410, or call (202) 720-5964 (voice and TDD). USDA is
				  an equal opportunity provider and employer."
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.75 - CHILD AND ADULT CARE FOOD PROGRAM › Subchapter 37.75.1 - General › Rule 37.75.103 - CHILD AND ADULT CARE FOOD PROGRAM (CACFP): FEDERAL REGULATIONS ADOPTED BY REFERENCE

Current through Register Vol. 13, July 5, 2024
(1) The CACFP shall
				be administered in accordance with the requirements of federal law governing
				the Child and Adult Care Food Program as set forth in Title 7 CFR part 226
				(2005), which regulates all state child and adult care food programs. Title 7
				CFR part 226 (2005) is adopted and incorporated as a part of these rules. A
				copy may be obtained from the Department of Public Health and Human Services,
				Human and Community Services Division, Child and Adult Care Food Program, P.O.
				Box 202925, 111 North Jackson Street, Fifth Floor, Helena, MT 59620-2925 or
				through the federal government website access at
www.gpoaccess.gov/cfr/index.html
.
52-2-704,
					 MCA; IMP,
					 52-2-702,
					 52-2-704,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.75 - CHILD AND ADULT CARE FOOD PROGRAM › Subchapter 37.75.1 - General › Rule 37.75.105 - HEAD START CATEGORICAL ELIGIBILITY

Current through Register Vol. 13, July 5, 2024
(1) A
				Head Start institution that serves children whose families do not meet the low
				income criteria of Head Start for eligibility must use the Montana CACFP income
				eligibility form and income guidelines to determine the free, reduced, or paid
				reimbursement category for any such children.
(2) For CACFP documentation and eligibility
				purposes, the Head Start organization must maintain a list of Head Start
				participants eligible for free meal reimbursement. The list must include a
				statement certifying that the participant is enrolled in Head Start on the
				basis of Head Start income eligibility. This list must be signed each month by
				a head start official authorized to act on behalf of Head Start and must be
				retained on site and be readily available, or must be made available during the
				time of a review.
52-2-704,
					 MCA; IMP,
					 52-2-702,
					 52-2-704,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.75 - CHILD AND ADULT CARE FOOD PROGRAM › Subchapter 37.75.1 - General › Rule 37.75.108 - ADVANCES

Current through Register Vol. 13, July 5, 2024
(1) The department may, in its discretion,
				advance a payment. The amount of any advance payment will be based on the
				historical payment data for the specific institution. Any and all advance
				payments must be repaid to the department prior to the beginning of the next
				fiscal year.
52-2-704,
					 MCA; IMP,
					 52-2-702,
					 52-2-704,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.75 - CHILD AND ADULT CARE FOOD PROGRAM › Subchapter 37.75.1 - General › Rule 37.75.109 - AUDIT GRANTS

Current through Register Vol. 13, July 5, 2024
(1) An institution
				may be eligible to receive a grant from the department for the purpose of
				reimbursing the institution for all or part of the CACFP portion of an audit.
				To qualify for a grant, an institution must meet the following minimum
				requirements:
(a) An audit must be a
				condition for participation or continued participation in the CACFP.
(b) The professional services of the auditor
				or auditors must be performed in accordance with all applicable state and
				federal laws, regulations, and policies relating to procurement of professional
				services.
(c) Complete and return
				the annual Audit Questionnaire and Grant Application to be provided by the
				department for the purpose of complying with the accounting and audit
				requirements of the federal Office of Management and Budget (OMB) Circular
				A-133, "Audits of States, Local Governments, and Nonprofit Organizations", and
				the provisions of OMB Circular A-122, "Cost Principles for Nonprofit
				Institutions", concerning the use of the funds provided by the contractual
				agreement.
(d) Prior to beginning
				an audit, the institution must submit to the department for approval:
(i) a completed request for partial
				reimbursement of audit expenses;
(ii) a signed copy of the audit proposal,
				including the proposed audit cost, the resume of the on site auditor or
				auditors, and certification that the audit will include tests of the CACFP in
				accordance with the current federal "Office of Management and Budget (OMB)"
				circular A-133 and the USDA OMB supplement for the "Catalog of Federal Domestic
				Assistance (CFDA)" 10.558, Child and Adult Care Food Program, dated March 2002;
				and
(iii) evidence the supervising
				auditor is a certified public accountant.
(e) Prior to beginning the audit, the
				institution must:
(i) provide a copy of the
				current state CACFP audit policy to the auditor engaged to perform the audit;
				and
(ii) obtain prior written
				approval for the audit from the department.
(f) The audit must be completed no later than
				nine months after the end of the fiscal year being audited.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.75 - CHILD AND ADULT CARE FOOD PROGRAM › Subchapter 37.75.2 - Sponsors › Rule 37.75.202 - TIERING CHANGES

Current through Register Vol. 13, July 5, 2024
(1) A sponsor may
				only claim meals for purposes of reimbursement for its sponsored day care homes
				once per month for any one tier category.
(2) A change in tier status resulting from
				new data, such as census, income information, or elementary school information
				distributed to sponsors for use in evaluating tier status, is effective
				statewide the first day of the month during which the income information,
				census, or elementary school information is available to the sponsor.
(3) A day care home may submit a request for
				a tier change evaluation to its sponsor. If approved, the change will be
				effective as noted below:
(a) changes based
				on elementary school attendance area or census block are effective on the first
				of the month during which the evaluation request is received, except as
				provided in (3)(c);
(b) changes
				based on income fluctuations or relocation of the provider are effective on the
				first day of the month that the evaluation request is documented and verified;
				and
(c) a change made to correct a
				tiering error will be retroactive to the first day of the month in which the
				date of the error occurred.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.75 - CHILD AND ADULT CARE FOOD PROGRAM › Subchapter 37.75.2 - Sponsors › Rule 37.75.205 - PROVIDER ENROLLMENT

Current through Register Vol. 13, July 5, 2024
(1) A new provider
				must have a current, valid registration to provide child care in order to
				participate in the CACFP. An existing provider may be working toward renewal of
				its registration and participate in the CACFP if assurance is obtained from
				licensing staff that they are approved and the registration is
				forthcoming.
(2) Each sponsor must
				do the following when enrolling a new day care home for participation in the
				CACFP:
(a) unless (3) applies, obtain
				licensing verification in the form of:
(i) a
				current, valid copy of the provider's registration to provide child
				care;
(ii) written documentation
				from licensing staff indicating the provider has submitted all required
				information and has been approved for registration;
(iii) a screen print from the Child Care
				Under the Big Sky System (CCUBS), showing that the provider is registered and
				the effective date of the registration; or
(iv) a screen print from the department's web
				site, www.childcare.mt.gov, under "Programs & Services, Find Child Care"
				showing that the provider is registered and the effective dates of the
				registration; and
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.75 - CHILD AND ADULT CARE FOOD PROGRAM › Subchapter 37.75.2 - Sponsors › Rule 37.75.206 - RECRUITMENT

Current through Register Vol. 13, July 5, 2024
(1) Day care home (DCH) sponsors are
				encouraged to recruit DCH providers to participate in the CACFP that are not
				currently participating and that have not participated in the CACFP through any
				sponsor within the last 30 days.
(2) A DCH sponsor may not engage in active
				recruitment as defined in ARM
				37.75.101(1) of a
				provider that is participating in the CACFP under a current CACFP
				Sponsor/Provider Agreement with any other DCH sponsor.
(3) A sponsor that the Montana CACFP
				determines has engaged in active recruitment as defined in ARM
				37.75.101(1) will
				be subject to disciplinary action.
(4) Suspected active recruitment violations,
				if reported, must be submitted to the Montana CACFP staff in writing for
				investigation.
(5) Corrective
				action will include the following:
(a) Upon
				first violation, the Montana CACFP will issue a letter of warning to the
				sponsor stating that a recruiting violation has occurred, and the sponsor is
				required to complete a corrective action plan.
(b) Upon a second violation, the Montana
				CACFP will issue notice to the sponsor warning that a second recruiting
				violation has occurred and indicate that the sponsor must complete a corrective
				action plan; and
(i) The sponsor will be
				restricted to recruiting only new providers who are not currently participating
				in the CACFP; and
(ii) The sponsor
				may not accept any DCH providers that are changing sponsors or enroll a
				provider if the provider has participated in the CACFP within the preceding six
				months.
(c) For
				subsequent violations, the Montana CACFP will issue written notice to the
				sponsor that the number of DCH providers served by the sponsor will be capped
				for a minimum of one year, and the sponsor will not be allowed to enroll any
				new providers or any providers changing sponsors without specific prior written
				approval from the Montana CACFP.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.75 - CHILD AND ADULT CARE FOOD PROGRAM › Subchapter 37.75.2 - Sponsors › Rule 37.75.209 - SPONSOR CHANGE BY PROVIDER

Current through Register Vol. 13, July 5, 2024
(1) A provider may
				be enrolled with only one CACFP sponsor at a time while participating in the
				CACFP.
(2) Each sponsor must supply
				a copy of this rule to all providers upon their enrollment in the
				CACFP.
(3) Except as provided in
				(5), a participating day care home may change its CACFP sponsor according to
				these guidelines:
(a) A provider may change
				from one sponsor to another sponsor one time per year, the change to be
				effective the first day of the month following the notice provided in (3)(b).
				One time per year means once during any 12 month period.
(b) To change sponsors, a provider must
				notify its current sponsor in writing of its intention to change to another
				sponsor on or before the final working day of the month prior to the month in
				which the change to a new sponsor is to be effective. The current sponsor must
				submit a copy of the written notification to the department.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.75 - CHILD AND ADULT CARE FOOD PROGRAM › Subchapter 37.75.3 - Food Requirements › Rule 37.75.301 - MENU EVALUATION

Current through Register Vol. 13, July 5, 2024
(1) CACFP
				institutions and providers must ensure that all meals and snacks claimed for
				reimbursement meet all federal and state minimum standards in accordance with
				7 CFR
				226.20.
(2) Each DCH sponsor must annually evaluate
				the menus of each day care home participating in the CACFP through their
				sponsorship. The menu evaluation shall include a review of menus served over
				the course of at least one month.
(3) All institutions must monitor, verify,
				document, and ensure that only meals and snacks that meet federal regulations
				and state minimum standards are claimed for reimbursement.
52-2-704,
					 MCA; IMP,
					 52-2-702,
					 52-2-704,
					 MCA;