reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.7 - Nature and Scope of Services › Rule 37.30.723 - VOCATIONAL REHABILITATION PROGRAM: POST EMPLOYMENT SERVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 53-7-102,
					 53-7-302 and
					 53-7-315,
					 MCA; IMP, Sec.
					 53-7-102,
					 53-7-103,
					 53-7-108,
					 53-7-303
					 and
					 53-7-310,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.7 - Nature and Scope of Services › Rule 37.30.724 - VOCATIONAL REHABILITATION PROGRAM: COUNSELING AND GUIDANCE SERVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 53-7-102,
					 53-7-302 and
					 53-7-315,
					 MCA; IMP, Sec.
					 53-7-102,
					 53-7-103,
					 53-7-108,
					 53-7-303
					 and
					 53-7-310,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.7 - Nature and Scope of Services › Rule 37.30.725 - VOCATIONAL REHABILITATION PROGRAM: WORK ACTIVITY SERVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 53-7-102,
					 53-7-302 and
					 53-7-315,
					 MCA; IMP, Sec.
					 53-7-102,
					 53-7-103,
					 53-7-108,
					 53-7-303
					 and
					 53-7-310,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.7 - Nature and Scope of Services › Rule 37.30.729 - GUIDELINES AND STANDARDS FOR SERVICES PROVIDED BY CLIENTS

Current through Register Vol. 13, July 5, 2024
(1) The department, in consultation with
				appropriate professional, trade, business, training and other organizations and
				institutions, may develop standards to serve as guidelines for the quality of
				services an individual may provide as an employee, contractor, tradesman,
				professional, or businessman while that person is a client of the
				department.
Sec.
					 53-7-102,
					 MCA; IMP, Sec.
					 53-7-102
					 and
					 53-7-105,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.7 - Nature and Scope of Services › Rule 37.30.730 - VOCATIONAL REHABILITATION PROGRAM: PROVIDER FEES

Current through Register Vol. 13, July 5, 2024
(1) The provision of vocational
				rehabilitation services by the department is subject to the following financial
				limitations.
(a) Services subject to rates of
				payment are as follows:
(i) payment for
				physical and mental restoration services is limited to those rates specified in
				Montana Vocational Rehabilitation Policy R, "Fee Schedule".
(ii) payment for hospital care is limited to
				those rates provided in the medical assistance rates of Title 37, chapter 86,
				subchapters 5 and 12 of the Administrative Rules of Montana; and
(iii) payment for hospital care from a
				hospital in another state is at the rates as established by that state's
				vocational rehabilitation agency.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.7 - Nature and Scope of Services › Rule 37.30.733 - VOCATIONAL REHABILITATION PROGRAM: INSTRUCTIONAL SERVICES FOR BLIND AND VISUALLY IMPAIRED VOCATIONAL REHABILITATION CLIENTS

Current through Register Vol. 13, July 5, 2024
(1) The department may arrange for
				instructional services to blind and visually impaired vocational rehabilitation
				clients.
(2) The department will
				not arrange for or provide instructional services if it determines that due to
				the time and distance involved, the services are not readily available at a
				reasonable cost.
(3) The department
				may purchase the instructional services if the department determines that the
				client has inadequate financial resources with which to purchase those
				services.
Sec.
					 53-7-102,
					 53-7-203 and
					 53-7-302, MCA;
					 IMP, Sec.
					 53-7-102,
					 53-7-103,
					 53-7-203,
					 53-7-302 and
					 53-7-303,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.7 - Nature and Scope of Services › Rule 37.30.734 - VOCATIONAL REHABILITATION PROGRAM: ATTENDANT SERVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 53-7-102,
					 53-7-302 and
					 53-7-315,
					 MCA; IMP, Sec.
					 53-7-102,
					 53-7-103,
					 53-7-108,
					 53-7-303
					 and
					 53-7-310,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.7 - Nature and Scope of Services › Rule 37.30.735 - VOCATIONAL REHABILITATION PROGRAM: LICENSES AND FEES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 53-7-102,
					 53-7-302 and
					 53-7-315,
					 MCA; IMP, Sec.
					 53-7-102,
					 53-7-103,
					 53-7-108,
					 53-7-303
					 and
					 53-7-310,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.7 - Nature and Scope of Services › Rule 37.30.736 - VOCATIONAL REHABILITATION PROGRAM: WORK ADJUSTMENT TRAINING (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 53-7-102,
					 53-7-302 and
					 53-7-315,
					 MCA; IMP, Sec.
					 53-7-102,
					 53-7-103,
					 53-7-108,
					 53-7-303
					 and
					 53-7-310,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.8 - Special Services › Rule 37.30.801 - GROUP SERVICES PROGRAM: AVAILABILITY OF SERVICES

Current through Register Vol. 13, July 5, 2024
(1) The department provides a program of
				financial assistance for services to persons and modifications to facilities
				which may be expected to contribute substantially to the rehabilitation of a
				group of persons with disabilities some of whom are currently or potentially
				clients of the vocational rehabilitation program.
(2) A service will not be developed or
				facility modified solely for the purpose of directly benefiting any one person
				with a disability.
(3) Preference
				will be given to services or facilities with the potential of benefiting the
				largest number of persons with disabilities at a minimum cost to the
				department.
(4) Services are
				limited to:
(a) correction of a particular
				structural problem that constitutes a barrier to persons with
				disabilities;
(b) purchase of
				equipment that will serve equally and substantively a group of persons with
				disabilities;
(c) provision of
				transportation to a group of persons with disabilities; and
(d) provision of instructional materials to
				persons with disabilities.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.8 - Special Services › Rule 37.30.805 - CERTIFICATION OF HANDICAPPED PERSONS FOR MINIMUM WAGE EXEMPTIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 53-7-102,
					 53-7-203 and
					 53-7-302, MCA;
					 IMP, Sec.
					 53-7-203,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.10 - Standards for Facilities and Providers of Services › Rule 37.30.1002 - STANDARDS FOR PROVIDERS OF SERVICES FUNDED THROUGH CERTAIN DISABILITY, EMPLOYMENT, AND TRANSITIONS PROGRAMS: ENROLLMENT AS A PROVIDER OF PROGRAM SERVICES

Current through Register Vol. 13, July 5, 2024
(1) The department
				in its discretion may enroll an entity as a provider of program services for
				the Vocational Rehabilitation, Blind and Low Vision, or Extended Employment
				Programs if the entity is currently accredited as follows or is provisionally
				enrolled as provided for in (7) or is approved for limited enrollment by the
				department as provided for in (8) or (9):
(a)
				for providers of vocational rehabilitation and extended employment services,
				the entity must be accredited by either the Commission of Accreditation of
				Rehabilitation Facilities (CARF) or the Rehabilitation Services Accreditation
				System (RSAS); and
(b) for
				providers of low vision and blind services, the entity must be accredited by
				either the National Accrediting Council (NAC) or of CARF.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.10 - Standards for Facilities and Providers of Services › Rule 37.30.1006 - STANDARDS FOR PROVIDERS: ON SITE EVALUATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-7-102,
					 53-7-203,
					 53-7-206,
					 53-7-302,
					 53-7-315,
					 MCA; IMP,
					 53-7-102,
					 53-7-103,
					 53-7-203,
					 53-7-302,
					 53-7-303,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.10 - Standards for Facilities and Providers of Services › Rule 37.30.1007 - STANDARDS FOR PROVIDERS: PROFESSIONAL PROVIDERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-7-102,
					 53-7-203,
					 53-7-206,
					 53-7-302,
					 53-7-315,
					 MCA; IMP,
					 53-7-102,
					 53-7-103,
					 53-7-203,
					 53-7-302,
					 53-7-303,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.10 - Standards for Facilities and Providers of Services › Rule 37.30.1030 - REHABILITATION FACILITIES: POLICIES ON ESTABLISHMENT

Current through Register Vol. 13, July 5, 2024
(1) The department may within its discretion
				financially participate in the establishment and development of rehabilitation
				facilities.
(2) The department does
				not financially participate in any of the following aspects of the
				establishment or development of rehabilitation facilities:
(a) acquisition of land;
(b) acquisition of buildings;
(c) remodeling, alteration or expansion of
				buildings;
(d) construction of
				buildings;
(e) architect's
				fees;
(f) site
				preparation;
(g) initial fixed or
				movable equipment; or
(h) works of
				art.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.13 - Confidential Information › Rule 37.30.1301 - CONFIDENTIAL INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) The
				confidentiality of client information will be assured in accordance with
				federal and state statutes and rules and with departmental policy.
Sec.
					 53-7-102,
					 53-7-203 and
					 53-7-302, MCA;
					 IMP, Sec.
					 53-7-102,
					 53-7-103,
					 53-7-203,
					 53-7-302 and
					 53-7-303,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.14 - Procedures for Client Grievances › Rule 37.30.1401 - FAIR HEARINGS

Current through Register Vol. 13, July 5, 2024
(1) An applicant
				for or consumer of services provided through this chapter who is the subject of
				an adverse action of the department may pursue a fair hearing as permitted by
				and in accordance with this rule, the applicable rules in ARM Title 37, chapter
				5 specified in ARM
				37.5.125 and Montana Vocational
				Rehabilitation Policy E, "Counselor Determinations".
(2) An adverse action is any determination
				made by the department with respect to an applicant's or consumer's concerning
				eligibility for, placement into a particular category for purposes of order of
				selection, or termination from services, or with respect to the selection and
				delivery of services delivered to a consumer under this chapter.
(3) At the time of application an applicant
				is informed of:
(a) the right of an applicant
				or consumer to a fair hearing;
(b)
				the procedure for requesting a fair hearing;
(c) the right to representation by legal
				counsel or others;
(d) the
				availability of any advocacy and free legal representation; and
(e) the availability of mediation provided
				through the services of a qualified impartial mediator.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.14 - Procedures for Client Grievances › Rule 37.30.1402 - PROVIDER CLIENT GRIEVANCES PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1)
				Providers of vocational rehabilitation services must establish and maintain
				client grievance procedures.
(2)
				Any matter of grievance not adequately resolved between a provider of services
				and a client may be brought to the department for review and
				resolution.
Sec.
					 53-7-102
					 and
					 53-19-112,
					 MCA; IMP, Sec.
					 53-7-102
					 and
					 53-19-103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.14 - Procedures for Client Grievances › Rule 37.30.1403 - FAIR HEARINGS: REVIEW OF FAIR HEARING DECISIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 53-7-102,
					 53-7-206,
					 53-7-302,
					 53-7-315 and
					 53-19-112,
					 MCA; IMP, Sec.
					 53-7-103,
					 53-7-105,
					 53-7-106,
					 53-7-203,
					 53-7-205,
					 53-7-206,
					 53-7-302,
					 53-7-303,
					 53-7-310,
					 53-7-314,
					 53-19-103,
					 53-19-106
					 and
					 53-19-112,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.16 - Extended Employment Program › Rule 37.30.1602 - EXTENDED EMPLOYMENT SERVICES: OBJECTIVES

Current through Register Vol. 13, July 5, 2024
(1) The objectives of the extended employment
				program are:
(a) to facilitate the
				development of appropriate employment opportunities in community-based
				integrated job sites for persons with severe disabilities determined by the
				department to be in need of extended employment;
(b) to encourage community integration of
				persons with disabilities by developing community-based, extended employment
				positions; and
(c) to provide
				opportunities for persons with significant disabilities who cannot be readily
				absorbed through the competitive job market to participate in extended
				employment programs in Montana.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.16 - Extended Employment Program › Rule 37.30.1603 - EXTENDED EMPLOYMENT SERVICES: RESPONSIBILITY FOR FUNCTIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-7-102,
					 53-7-203,
					 53-7-206,
					 53-7-302, MCA;
					 IMP,
					 53-7-203,
					 53-7-205,
					 53-7-206,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.16 - Extended Employment Program › Rule 37.30.1608 - EXTENDED EMPLOYMENT SERVICES: EXTENDED EMPLOYMENT COMMITTEES (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-7-102,
					 53-7-203,
					 53-7-206,
					 53-7-302, MCA;
					 IMP,
					 53-7-203,
					 53-7-205,
					 53-7-206,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.16 - Extended Employment Program › Rule 37.30.1612 - EXTENDED EMPLOYMENT SERVICES: PROGRAM REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-7-102,
					 53-7-203,
					 53-7-206,
					 53-7-302,
					 53-7-315,
					 MCA; IMP,
					 53-7-203,
					 53-7-206,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.16 - Extended Employment Program › Rule 37.30.1613 - EXTENDED EMPLOYMENT SERVICES: ELIGIBILITY

Current through Register Vol. 13, July 5, 2024
(1) The department develops and maintains a
				prioritized waiting list from which applicants for extended employment services
				are drawn as funding allows.
(2)
				Applicants are selected to be served from the waiting list based on
				determination of eligibility date. The applicant available for services with
				the earliest determination date is offered the service.
(3) A person is eligible for the extended
				employment program if the person has:
(a) a
				significant disability;
(b)
				historically lacked the skills of independence and other skills so as not to
				have been competitively employed or, if employed, the employment has been
				interrupted or intermittent as a result of those disabilities; and
(c) been determined by the department to need
				the services of the extended employment program.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.16 - Extended Employment Program › Rule 37.30.1614 - EXTENDED EMPLOYMENT SERVICES: SUPPORTED EMPLOYMENT REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Supported employment may be provided to a
				client who needs assistance in entering into competitive work in integrated
				work settings.
(2) Supported
				employment as an extended employment service may be provided only in an
				employment setting where:
(a) the person with
				disabilities is not part of a work group of other persons with disabilities and
				most coworkers are not disabled;
(b) the person with disabilities is part of a
				work group of no more than eight persons with disabilities and there is regular
				contact with persons who are not disabled and who are not providing support
				services to the persons with disabilities; or
(c) the person with disabilities works alone
				and is in regular contact with persons who are not disabled and who are not
				providing support services to the person with disabilities.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.16 - Extended Employment Program › Rule 37.30.1615 - EXTENDED EMPLOYMENT SERVICES: SHELTERED EMPLOYMENT REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Sheltered employment as an extended
				employment service may be provided only in an employment setting where the
				employer is a sheltered employment provider and the employment setting is
				within a sheltered workshop or is a setting that is not a supported employment
				setting.
53-7-206,
					 MCA; IMP,
					 53-7-203,
					 53-7-206,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.23 - Older Blind Program › Rule 37.30.2301 - OLDER BLIND PROGRAM: DEFINITIONS

Current through Register Vol. 13, July 5, 2024
Definitions for purposes of this subchapter:
(1) "Advisory council" means the Montana
				Vocational Rehabilitation Council.
(2) "Community awareness" means conducting
				activities to help improve public understanding and knowledge of the aspects of
				blindness and low vision and the problems facing older blind persons.
(3) "Consumer" means a person who the program
				has determined is eligible for and may receive older blind services.
(4) "Department" means the Department of
				Public Health and Human Services.
(5) "Functional areas" mean types of
				performance and assistance necessary for a person to successfully function
				independently in daily life and includes mobility, access to print information,
				self-care, independent living skills, access to technology, recreation, and
				social activities.
(6) "Impediment"
				means, for a person, an obstacle or inability to perform a task or achieve a
				goal that is caused by a disabling condition.
(7) "Independent Living Plan" means the plan
				prepared by the department in conjunction with the consumer. This plan
				specifies the independent living goals of the consumer, and the older blind
				services the department may provide to the consumer in order to assist the
				consumer to attain an improved quality of life.
(8) "Independent living skills training"
				means training in compensatory skills, including use of adaptive equipment that
				allows a consumer with visual impairments to cope with vision loss, perform
				daily living activities, and participate more independently in the
				community.
(9) "Individual advocacy
				training" means helping a consumer to identify their independent living needs,
				to develop a plan of action to meet those needs, to obtain and use resource
				information, and to develop problem-solving skills necessary for ensuring an
				independent and self-determined lifestyle.
(10) "Information and referral" means
				providing a consumer with basic information on equipment, financial assistance,
				recreation, housing, and attendant care, support groups, legal rights, and
				other disability and community topics and resources.
(11) "Legally blind" means:
(a) a person's central visual acuity does not
				exceed 20/200 in the better eye with correcting lenses; or
(b) a person's visual field at the widest
				diameter subtends an angle no greater than 20 degrees.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.23 - Older Blind Program › Rule 37.30.2302 - OLDER BLIND PROGRAM: ELIGIBILITY

Current through Register Vol. 13, July 5, 2024
(1) A
				person may receive older blind services if the program determines that the
				person:
(a) has appropriately applied for
				services;
(b) is 55 years or older
				in age;
(c) has a visual
				disability;
(d) due to the visual
				disability, will either have extreme difficulty in obtaining competitive
				employment or in the absence of an employment goal has feasible independent
				living goals;
(e) requires services
				available through the program that will contribute to the person's maintenance
				or increased independence; and
(f)
				meets the other requirements of this subchapter applicable to program
				eligibility.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.23 - Older Blind Program › Rule 37.30.2303 - OLDER BLIND PROGRAM: REDUCTION OF SERVICE POPULATION

Current through Register Vol. 13, July 5, 2024
(1) The department, in accordance with state
				and federal law, administers the program to assure the fiscal integrity of the
				program. If the division determines that there are insufficient fiscal or
				personnel resources to appropriately serve consumers, the department will limit
				service delivery based upon the criteria in (2) through (5).
(2) For the purposes of limiting service
				delivery in order to meet fiscal and personnel resources exigencies, the
				following categories are applicable:
(a)
				Category 1, for consumers already accepted into the Older Blind
				Program.
(b) Category 2, for
				consumers who are totally blind.
(c) Category 3, for consumers who are legally
				blind and at risk of moving into a less independent environment due to vision
				loss.
(d) Category 4, for consumers
				with low vision (best acuity with correction of 20/80 or less in the better
				eye) or significant visual impairment that affects four or more areas of
				functioning, and consumers who are legally blind but not at risk of moving into
				a less independent environment.
(e)
				Category 5, for all other consumers with a significant visual
				impairment.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.23 - Older Blind Program › Rule 37.30.2306 - OLDER BLIND PROGRAM: SCOPE OF SERVICES

Current through Register Vol. 13, July 5, 2024
(1)
				Older blind services are services determined by qualified staff to be necessary
				to assist a consumer with maintaining or increasing independence consistent
				with a consumer's priorities, concerns, abilities, interests, and
				choice.
(2) Older blind services
				include:
(a) outreach;
(b) low vision assessment, instruction, and
				assessment equipment;
(c) low
				vision aids and equipment;
(d)
				services and equipment fostering mobility and self-sufficiency;
(e) mobility training, Braille instruction,
				and other services and equipment to help an older individual who is blind
				adjust to blindness;
(f)
				independent living skills training;
(g) information and referral
				services;
(h) peer
				counseling;
(i) individual advocacy
				training;
(j) supportive
				services;
(k) rehabilitation
				teaching services;
(l) training
				necessary for living in the community and participating in community
				activities; and
(m) any other
				appropriate service designed to assist with daily living activities.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.23 - Older Blind Program › Rule 37.30.2310 - CONSUMER GRIEVANCES AND FAIR HEARINGS

Current through Register Vol. 13, July 5, 2024
(1)
				A provider of older blind services must make available an informal procedure
				for resolution of any grievance that a consumer may have. Any matter of
				grievance not adequately resolved between a provider of services and a consumer
				may be brought before the department for review and resolution.
(2) An applicant for or consumer of older
				blind services provided through this subchapter who is the subject of an
				alleged adverse action of the program may pursue a fair hearing as permitted by
				and in accordance with this rule and ARM
				37.30.1401.
53-2-201,
					 53-7-102,
					 53-7-302,
					 53-7-315,
					 MCA; IMP,
					 53-7-301,
					 53-7-302,
					 53-7-303,
					 53-7-306,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.25 - Blind Vendors Program › Rule 37.30.2505 - ESTABLISHMENT OF BUSINESS ENTERPRISE FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) Upon written notification by an agency in
				control of state property or responsible for the construction or remodeling of
				state property that a vending facility is desired on the property, or, upon its
				own initiative, the department shall:
(a)
				survey the property (or blueprints, plans, and other similar, available
				information) to determine if the installation of a business enterprise facility
				for the blind vendors program is feasible and consonant with its vocational
				rehabilitation objectives; and if it so determined, provide for a business
				enterprise faciity to be installed on that property by the
				department.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.25 - Blind Vendors Program › Rule 37.30.2510 - ISSUANCE AND CONDITIONS OF CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1)
				In order to be eligible to be a certified blind person for the purposes of this
				subchapter, one has to be an accepted client of the vocational rehabilitation
				program.
(2) Criteria in the
				issuance of certification. Preference will be given to blind persons who are in
				need of employment for economic reasons and who are residents of the state of
				Montana, but in all instances certifications will be issued only to persons who
				meet the following criteria:
(a) the person
				has been determined to be blind as defined in ARM
				37.30.2501(2) by
				the department;
(b) the person is a
				citizen of the United States;
(c)
				the person is at least 18 years of age;
(d) the person is determined by the
				department to be qualified to operate a business enterprise facility;
				and
(e) the person is determined by
				the department to be in need of vocational opportunities.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.25 - Blind Vendors Program › Rule 37.30.2515 - TRANSFER AND TERMINATION

Current through Register Vol. 13, July 5, 2024
(1) If the transfer
				of a blind vendor from one stand to another becomes desirable or necessary, a
				transfer will be made only when the department, the blind vendors program and
				the blind vendor would benefit from such transfer. To be taken into
				consideration will be the vendor's capacity to perform the duties of a
				particular facility, relationship to the public as a result of the transfer,
				effect to the particular business enterprise facility, the tenure and earnings
				of the vendor involved.
(2) In the
				event of the inability of the blind vendor to fulfill his responsibilities, the
				department may forthwith assume the operation of the facility. When
				circumstances warrant such action, the blind vendor may be temporarily relieved
				of duties by the department.
(3)
				Termination:
(a) Certifications shall be
				issued for an indefinite period but may be terminated by the blind vendor
				giving 60 days written notice to the department if he desires to
				resign.
(b) Any certification
				issued to a blind vendor may be revoked by the department, by written notice
				when the department determines that the facility is not being operated in
				accordance with these rules and regulations, the terms and conditions governing
				the permit with the building management, or the contract with the blind
				vendor.
(c) Any certification may
				be terminated or suspended, if because of improvement of vision, the blind
				vendor no longer meets the criteria as defined in this rule.
(d) Any certification may be terminated or
				suspended because of extended illness with medically documented diagnosis of
				prolonged incapacity of the blind vendor to operate a vending facility in a
				manner consistent with the needs of the location or other available locations
				in the program.
(e) The blind
				vendor shall expressly release the department, its agents or employees from any
				loss, injury, damage or expense which the vendor may suffer, sustain, or incur
				by reason of such termination.
(f)
				The 60 day written notice may be waived by mutual consent of all parties
				concerned.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.25 - Blind Vendors Program › Rule 37.30.2520 - EQUIPMENT, STOCKS AND INSURANCE

Current through Register Vol. 13, July 5, 2024
(1) The
				department will provide each business enterprise facility with fixtures and
				equipment in such quantity and of such quality so as to give reasonable
				assurance of successful operation by the vendor. Funds for this purpose may be
				made available from federal and state allocations or appropriations, including
				set aside funds.
(a) The department shall
				retain the right, title, and interest to all facility equipment and leases. It
				shall have the authority to direct, control, transfer, and dispose of such
				equipment when necessary.
(b) The
				vendor will make no additions or reductions to the facility and its operation
				either in the form of equipment, fixtures, goods for resale, or facilities
				without first obtaining authorization from the appropriate agent of the
				department.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.25 - Blind Vendors Program › Rule 37.30.2525 - VENDOR RESPONSIBILITIES

Current through Register Vol. 13, July 5, 2024
(1) The vendor
				shall receive all income derived from the operation of the business enterprise
				facility and any assigned vending machines after deducting the operational
				costs and charges mutually agreed upon. Income from vending machines on
				non-federal property in direct competition with the facility will be assigned
				to the vendor (a vending machine will be considered to be in direct competition
				with the business enterprise facility if it vends articles of a type authorized
				by the applicable license and is so located that it attracts customers who
				would otherwise patronize the business enterprise facility).
(2) The duties of the vendor shall be to:
(a) perform faithfully and to the best of his
				ability the necessary duties in connection with the operation of the facility
				in accordance with the department's rules and regulations, the terms of the
				permits, the agreement, and shall perform in the best interests of the blind
				vendors program as a whole;
(b)
				cooperate with duly authorized representatives of the department in connection
				with their official responsibilities under the program;
(c) operate the facility in accord with all
				applicable health laws and regulations;
(d) furnish such reports as the department
				may from time to time require;
(i) submit the
				SRS-VSD-BE-1 by fifteenth of each month;
(ii) submit quarterly inventory by the
				fifteenth of January, April, July and October;
(e) follow generally acceptable accounting
				practices;
(f) take no action in
				the derogation of, or inconsistent with, the paramount right, title, and
				interest of the department to the facility, its equipment and the lease or
				agreement with the management of the property;
(g) maintain the highest standard of personal
				appearance, grooming and behavior so as to win and retain the respect of the
				clientele of the facility;
(h) pay
				cash for all merchandise or immediate payment upon receipt of
				billing;
(i) to report to the
				department in writing, as soon as practicable, the occurrence of any accident
				at this facility. This requirement is in addition to the vendor's duty to
				report any accident to the insurance carrier;
(j) to report to the department any claim or
				suit which may be brought against the vendor as the result of any accident at
				the facility. This requirement is in addition to the vendor's duty to report
				such information to the insurance carrier.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.25 - Blind Vendors Program › Rule 37.30.2530 - TRAINING OF BLIND VENDORS

Current through Register Vol. 13, July 5, 2024
(1) The
				department will provide vocational and other training services to assist the
				individual in preparing for the operation of a vending facility, including
				personal and vocational adjustment, books, tools, and other training materials.
				These services shall be provided to blind individuals as vocational
				rehabilitation services under the Rehabilitation Act of 1973 ( P.L. 93-112 ),
				as amended by the Rehabilitation Act Amendments of 1978 ( P.L. 95-602 ). Such
				programs will also include on-the-job training in all aspects of vending
				facility operation and upward mobility training (including further education
				and additional training or retraining for improved work opportunities) for all
				certified blind persons.
Sec.
					 18-5-414,
					 MCA; IMP, Sec.
					 18-5-404
					 and
					 18-5-415,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.25 - Blind Vendors Program › Rule 37.30.2535 - DEPARTMENT'S SET ASIDE FUNDS

Current through Register Vol. 13, July 5, 2024
(1) The
				department will set aside funds from the net proceeds of the operation of
				business enterprise facilities under the blind vendors program. To the extent
				that set aside funds are accumulated as provided for in (2) and (3), those
				funds may be used for the purposes of:
(a)
				maintenance and replacement of equipment;
(b) the purchase of new equipment;
(c) management consultant services;
(d) assuring a fair minimum of return to
				vendors; or
(e) the establishment
				and maintenance of retirement or pension funds, health insurance contributions,
				paid sick leave and vacation time, if it is so determined by a majority vote of
				blind vendors certified by the department, after providing each such vendor
				information on all matters relevant to such proposed purposes.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.25 - Blind Vendors Program › Rule 37.30.2540 - NECESSARY COMPLIANCE

Current through Register Vol. 13, July 5, 2024
(1) All vendors
				shall be responsible for acquainting themselves with, and conforming to all
				laws, ordinances, and governmental rules and regulations pertinent to the
				conduct and operation of a business enterprise facility.
(2) It shall be the responsibility of the
				vendor to apply to the appropriate authority to secure required licenses,
				permits and authorizations.
(3)
				While every assistance will be given the vendor by the department it shall be
				the responsibility of the vendor to familiarize himself with the laws and
				ordinances relative to the operation of the facility and to file any necessary
				tax returns or other reports.
(4)
				This program will operate in compliance with section 80.4(b) of the regulations
				of the department of health, education and welfare (45 CFR, Part 80
				effectuating Title VI of the Civil Rights Act of 1964).
Sec.
					 18-5-414,
					 MCA; IMP, Sec.
					 18-5-404,
					 18-5-413,
					 18-5-415,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.25 - Blind Vendors Program › Rule 37.30.2545 - ORGANIZATION AND ELECTION - STATE COMMITTEE OF BLIND VENDORS

Current through Register Vol. 13, July 5, 2024
(1) Committee members shall be elected at an
				annual meeting of all blind vendors.
(2) The committee shall consist of 3 blind
				vendors, who shall select a chairperson.
(3) Nomination may be made by any of the
				assembled blind vendors.
(4)
				Committee members shall be elected for a 2 year term and may serve no more than
				3 consecutive terms.
(5) The
				committee shall meet on an annual basis at a place within the state agreed on
				by them. Additional meetings may be called by the department or by the
				chairperson.
(6) Between meetings,
				functions of the committee will be carried on by individual members of the
				committee so designated.
Sec.
					 18-5-414,
					 MCA; IMP, Sec.
					 18-5-413,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.25 - Blind Vendors Program › Rule 37.30.2550 - FUNCTIONS OF COMMITTEE

Current through Register Vol. 13, July 5, 2024
(1) The blind
				vendors committee may advise the department in all matters relating to the
				blind vendors program.
(2)
				Committee members shall be kept informed by the department of matters within
				its purview that are being considered for decision. The committee will receive
				written notice of and invitations to attend important discussion and decision
				making meetings in these areas.
(3)
				The department has the ultimate responsibility of the administration of the
				blind vendors program and if the department does not adopt the views and
				positions of the committee it will notify the committee in writing of the
				decision reached or the action taken and the reasons therefor.
(4) The committee shall receive and transmit
				to the department any grievance at the request of a vendor, and serve as
				advocates for such vendor in connection with such grievances.
(5) The committee actively participates with
				the department in the development of training and retraining program for blind
				vendors.
(6) If an elected
				committee member is unable to complete his term on the committee, the
				chairperson shall appoint another qualified vendor to serve his unexpired
				term.
Sec.
					 18-5-414,
					 MCA; IMP, Sec.
					 18-5-413,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.25 - Blind Vendors Program › Rule 37.30.2555 - TEMPORARY OPERATION OF FACILITY BY THE DEPARTMENT

Current through Register Vol. 13, July 5, 2024
(1) When a qualified blind vendor is
				unavailable to operate a vending facility administered by the department under
				the blind vendors program, the department may provide, through contract, for
				the temporary management of that facility by a person other than a blind
				vendor.
Sec.
					 18-5-414,
					 MCA; IMP, Sec.
					 18-5-415,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.25 - Blind Vendors Program › Rule 37.30.2560 - CONTRACTS WITH VENDING COMPANIES

Current through Register Vol. 13, July 5, 2024
(1) The
				department will negotiate all contracts with vending companies for the
				installation of vending machines.
(2) The vending company will be selected by
				competitive bid. Contracts with vending companies will stipulate the type of
				equipment, periods of service, quality of service, and the flat fees to accrue
				to the business enterprise program. A flat fee is an agreed upon monthly unit
				amount of payment on a per vending machine basis to the department or its agent
				for purposes of the set aside fund.
(3) The department will negotiate contracts
				with vending machine companies for the installation of vending machines in
				public and other buildings in which there is no competition with an existing
				business enterprise facility. Proceeds from these vending machines may be used,
				as determined by the department, as best benefits the blind vendors
				program.
(4) The vendor will be
				provided a list of assigned vending machines, their locations, and applicable
				contracts.
Sec.
					 18-5-414,
					 MCA; IMP, Sec.
					 18-5-416,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.25 - Blind Vendors Program › Rule 37.30.2565 - DISTRIBUTION AND USE OF VENDING MACHINE INCOME ON FEDERAL PROPERTY

Current through Register Vol. 13, July 5, 2024
(1) Vending machine income from vending
				machines on federal property and other property which has been disbursed to the
				department by a property managing department, agency, or instrumentality of the
				United States under the vending machine income sharing provisions in section
				395.8 of the Randolph-Sheppard Act of 1974 ( PL 93-516 ) shall accrue to each
				blind vendor operating a vending operating facility on such federal property in
				an amount not to exceed the average net income of the total number of blind
				vendors within such state, as determined each fiscal year on the basis of each
				prior year's operation, except that vending machine income shall not accrue to
				any blind vendor in any amount exceeding the average net income of the total
				number of blind vendors in the United States.
(2) No blind vendor shall receive less
				vending machine income than he was receiving during the calendar year prior to
				January 1, 1974, as a direct result of any limitation imposed on such income
				under this ceiling.
(3) No
				limitation shall be imposed on income from vending machines, combined to create
				a vending facility, when such facility is maintained, serviced, or operated by
				a blind vendor.
(4) The department
				will retain vending machine income disbursed by a property managing department,
				agency or instrumentality of the United States in excess of the amount eligible
				to accrue to blind vendors.
(5)
				That income accrued for blind vendors will be disbursed quarterly to them by
				the department.
(6) Vending machine
				income retained by the department will be used for the establishment and
				maintenance of retirement or pension plans, for health insurance contributions,
				and for the provision of paid sick leave and vacation time for blind vendors,
				if it is so determined by the majority vote of the certified vendors, after
				each vendor has been furnished information on all matters relevant to such
				purposes; that any vending machines income not necessary for such purposes
				shall be used for one or more of the following; maintenance and replacement of
				equipment; purchase of new equipment; management services; and assuring a fair
				minimum return to vendors; and that any assessment charged to blind vendors
				shall be reduced pro rata in an amount equal to the total of such remaining
				vending machine income.
Sec.
					 18-5-414,
					 MCA; IMP, Sec.
					 18-5-406,
					 18-5-413
					 and
					 18-5-416,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.25 - Blind Vendors Program › Rule 37.30.2570 - INFORMING VENDORS OF RIGHTS AND RESPONSIBILITIES

Current through Register Vol. 13, July 5, 2024
(1) Each blind vendor will be provided with a
				copy of these rules and regulations.
(2) Each blind vendor will be provided with a
				vending stand operator's manual explaining their duties as vendors of various
				type vending stands with the qualifications for the various type stand
				operators.
(3) Blind vendors shall
				be provided the opportunity for an administrative review and a fair hearing in
				accordance with ARM
				37.5.304,
				37.5.305,
				37.5.307,
				37.5.310,
				37.5.311,
				37.5.313,
				37.5.318,
				37.5.322,
				37.5.325,
				37.5.328,
				37.5.331,
				37.5.334 and
				37.5.337 in any contested matter.
(a) A blind vendor dissatisfied with the
				decision rendered after a fair hearing, may pursue that due process accorded by
				the Randolph-Sheppard Act (
				20 USC
				107 a).
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.26 - Visual Medical Program › Rule 37.30.2601 - VISUAL MEDICAL PROGRAM: PURPOSES

Current through Register Vol. 13, July 5, 2024
(1) The
				purposes of the visual medical program are:
(a) to prevent blindness;
(b) to restore sight;
(c) to provide appropriate treatment where
				loss of sight cannot be prevented or sight cannot be restored.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.26 - Visual Medical Program › Rule 37.30.2605 - VISUAL MEDICAL PROGRAM: SERVICES

Current through Register Vol. 13, July 5, 2024
(1) Visual
				medical services are:
(a) diagnostic
				services;
(b) surgery and treatment
				services;
(c) hospitalization
				services;
(d) prosthetic
				appliances, if determined to be necessary in treatment;
(e) transportation services; and
(f) follow-up services.