reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.7 - Adult Services › Rule 37.34.702 - ADULT SERVICES: PERFORMANCE REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Adult services must be provided in accordance with the performance requirements
				in this rule.
(2) A contractor
				providing adult services, other than a contractor providing transportation
				services that are also available to the general public and contracting with the
				department to provide only transportation services, must comply with the
				performance requirements in this rule. All performance requirements are to be
				met as provided in department rules and the contract with the
				department.
(3) In the provision of
				adult services, the contractor must:
(a)
				ensure that all facilities used in the provision of services meet all
				applicable licensure requirements and health and safety codes;
(b) maintain and implement policies and
				procedures for a safe, healthy environment for all individuals
				served;
(c) maintain and implement
				policies and procedures which ensure health monitoring occurs and necessary
				medical assistance is provided or sought for all individuals served;
(d) provide supervision, support, care,
				education, and training according to the needs of the individual and as
				specified by the personal support plan (PSP);
(e) implement any assigned activities of the
				PSP;
(f) maintain and implement
				policies and procedures to assist individuals and staff in emergencies such as
				medical problems, behavior intervention, disasters, and other similar
				emergencies;
(g) participate in the
				PSP team process, recommending objectives, as applicable, to the PSP team for
				the individual; and
(h) coordinate
				transportation to assist the individual in meeting the individual's
				needs.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.7 - Adult Services › Rule 37.34.706 - ADULT SERVICES: COMMUNITY HOME SERVICES REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Adult community home services must be
				provided in accordance with the performance requirements in this
				rule.
(2) A contractor providing
				adult community home services must comply with the performance requirements in
				this rule. All performance requirements are to be met as provided in department
				rules and the contract with the department.
(3) Adult community home services are living
				arrangements in which 2 to 8 individuals, 16 years of age or older, reside with
				supervision, care, support and training. In addition to safe, comfortable
				housing, an individual is provided a healthy, well-balanced diet and is
				assisted in choosing, caring for and selecting for wear, suitable clothing.
				Community homes are available to meet a wide range of needs including those of
				individuals who have intensive or senior needs.
(4) In addition to these rules, community
				home contractors are required by
				53-20-305,
				MCA to meet the state of Montana licensing requirements for community homes for
				persons with developmental disabilities.
(5) Service options and funding sources may
				have specific requirements that must be met.
(6) In the provision of adult community home
				services, the contractor must provide:
(a)
				safe and comfortable housing;
(b) a
				healthy, well-balanced diet;
(c)
				assistance in choosing, caring for and selecting for wear, suitable
				clothing;
(d) weekly opportunities
				for a variety of integrated community activities unless otherwise specified by
				the IP team;
(e) daily
				opportunities for a variety of leisure activities unless otherwise specified by
				the IP team; and
(f) an emergency
				response system for an individual who is at home during the day without a staff
				person present. The contractor must have approval from the IP team prior to an
				individual remaining at home. The system must be approved by the IP team based
				on the capability of the individual to remain at home and to use the emergency
				response system.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.7 - Adult Services › Rule 37.34.711 - ADULT SERVICES: WORK OR DAY SERVICES REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Work or day services must be provided in
				accordance with the performance requirements in this rule.
(2) A contractor providing work or day
				services must comply with the performance requirements in this rule. All
				performance requirements are to be met as provided in department rules and
				policies, and the contract with the department.
(3) Work or day services include
				facility-based services and community supported work activities. Supported work
				activities include individual supported employment, crews, enclaves, and
				volunteer work. Work or day services are available to meet a wide range of
				needs including those of individuals who have intensive or senior
				needs.
(4) Service options and
				funding sources may have specific requirements that must be met.
(5) In the provision of work or day services,
				the contractor must:
(a) provide any
				combination of work or day services, including supported work activities,
				according to the choices and needs of the individual and as specified by the IP
				team; and
(b) design activities,
				built on an array of options, that meet the needs and desires of the
				individual.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.7 - Adult Services › Rule 37.34.712 - ADULT SERVICES: SUPPORTED LIVING SERVICES REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Supported living services must be
				provided in accordance with the performance requirements in this
				rule.
(2) A contractor providing
				supported living services must comply with the performance requirements in this
				rule. All performance requirements are to be met as provided in department
				rules and the contract with the department.
(3) A service placement designated as an
				independent living or transitional living placement as of June 30, 1995 or
				designated after June 30, 1995 as a supported living placement but specified by
				contract to be a not fully converted placement, is subject only to the
				requirements in (4) through (7).
(4) Supported living services identify,
				provide, and coordinate necessary supports to maintain individuals in
				communities of their choice and create opportunities to have valued
				residential, vocational, and social opportunities. Supported living services
				make living arrangements available to individuals who are at least 18 years old
				and reside in neighborhood housing. The level and intensity of supervision,
				care, support, training, guidance and coordination of services and resources is
				based on individual needs, as determined by the IP team.
(5) Service options and funding sources may
				have specific requirements which must be met.
(6) In the provision of supported living
				services, the contractor must provide:
(a)
				identification of service needs including necessary resources and
				supports;
(b) identification,
				development, and access to existing resources and support networks;
(c) necessary current and future planning;
				and
(d) facilitation of personal
				choice, opportunities, and supports.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.7 - Adult Services › Rule 37.34.713 - ADULT SERVICES: SUPPORTED LIVING SERVICES SAFETY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A contractor who provides supported
				living services must comply with the safety requirements in this
				rule.
(2) The contractor must
				document that the individual, with or without assistance, demonstrates the
				ability to respond to fire and other emergency procedures as specified in this
				rule, and as specified by the IP team. If the individual lives in the family
				home, the contractor must document that the individual, with or without
				assistance, demonstrates the ability to respond to fire and other emergency
				procedures agreed to by the family. These results must be shared with the IP
				team. If the individual lives in the family home the results must be shared
				with the family.
(3) The
				contractor, if it owns, leases or rents the residence or assists in locating
				the residence, must provide a safe and healthy living environment.
(4) The contractor must ensure that each
				residence meets the following life safety requirements:
(a) Smoke detectors must be present in each
				sleeping room and at a point centrally located in the area giving access to
				each separate sleeping area. A documented monthly check must occur to ensure
				that each detector is operating correctly.
(b) A fire extinguisher must be located in
				the kitchen. A documented annual check must occur to ensure that each
				extinguisher is operating correctly.
(c) Every room used for sleeping, living or
				dining must have at least 2 exits, at least 1 of which will be a door or
				stairway providing a means of unobstructed travel to the street or ground level
				outside of the building.
(d) All
				exits must be maintained in an unobstructed, easily traveled condition at all
				times.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.901 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: AUTHORITY

Current through Register Vol. 13, July 5, 2024
(1) The department has been granted by the
				United States Department of Health and Human Services (HHS) the authority,
				through
				42 USC
				1396 n(c) and
				42 CFR 441.300
				through
				441.310,
				to provide Medicaid home and community-based services (HCBS) to persons with
				developmental disabilities. These rules implement in Montana the 0208 Medicaid
				Home and Community Services Waiver Program for persons with developmental
				disabilities.
(2) In accordance
				with the state and federal statutes and rules generally governing the provision
				of Medicaid-funded home and community-based services and the federal-state
				agreement specifically governing the provision of the Medicaid-funded home and
				community waiver services to be delivered through this program, and within the
				fiscal limitations of the funding appropriated and available for the program,
				the department may determine within its discretion the following features of
				the program:
(a) the types of services to be
				available;
(b) the amount, scope,
				and duration of the services;
(c)
				the target population;
(d)
				individual eligibility; and
(e)
				delivery approach.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.902 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: GENERALLY

Current through Register Vol. 13, July 5, 2024
(1) Services and selection into services
				through the 0208 Medicaid Home and Community Services Waiver Program are
				available only to the extent that the federal approval of the state's program
				permits and that available funding allows.
(2) The department, in order to comply with
				federal requirements or to limit expenditures to available funding, may:
(a) reduce the number of persons that may be
				served under the program;
(b)
				postpone or waive implementation of a particular service of the program;
				or
(c) eliminate one or more of the
				services of the program.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.906 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: ELIGIBILITY

Current through Register Vol. 13, July 5, 2024
(1) A determination that a person is eligible
				to be considered for acceptance into the Medicaid Home and Community-Based
				Services (HCBS) Waiver Program does not entitle a person to selection and entry
				into the HCBS Waiver Program.
(2) A
				person is eligible to be considered for acceptance into the Medicaid HCBS
				Waiver Program if the person:
(a) is
				determined by the Developmental Disabilities Program (DDP) to be a person with
				a developmental disability in accordance with the criteria specified and
				approved in the waiver from the Centers for Medicare and Medicaid Services and
				in accordance with ARM Title 37, chapter 34, subchapter 2;
(b) applies for and meets the applicable
				Medicaid financial eligibility requirements found in ARM Title 37, chapter 82;
				and
(c) requires the level of care
				provided in an intermediate care facility for individuals with intellectual
				disability (ICF/IID), as determined by an evaluation of the person's service
				needs by the DDP.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.907 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: SELECTION AND ENTRY

Current through Register Vol. 13, July 5, 2024
(1) A person may be placed on the statewide
				waiting list for consideration for selection and entry into the 0208 Medicaid
				Home and Community-Based (HCBS) Waiver Program if the person is found eligible
				for the Developmental Disabilities Program (DDP) service in accordance with ARM
				37.34.906.
(2) The DDP will enter the person's name onto
				the waiting list in chronological order based upon the date the case manager
				receives a complete request for services.
(3) The selection for consideration of
				persons with the same waiting list date will be made through a random selection
				process by the department.
(4) The
				DDP designee must notify a person selected for entry into the 0208 HCBS Waiver
				Program and the person's case manager in writing within ten working days of
				selection.
(5) Within five working
				days from the date of the notification letter, the department designee must
				present all waiver service options available to the person selected, document
				which providers the person requests to meet, and submit to the providers:
(a) the provider service referral
				packet;
(b) the plan of care;
				and
(c) other documents, as
				requested.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.908 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: SELF-DIRECTED SERVICES, DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Agency with
				choice model" means an agency that is the legal entity under a contract with
				the Developmental Disabilities Program to administratively undertake legally
				necessary tax and labor law compliance responsibilities in relation to the
				delivery of services on behalf of a person receiving services who is authorized
				by the program to select and direct the staff who deliver those services. The
				person receiving services manages the scheduling, orienting, instructing,
				supervising, evaluating, and work records of the staff. The contracted agency
				is responsible for the following activities as they pertain to the person's
				staff:
(a) compiles records necessary for the
				reporting and payment of wages and benefits for the person's staff;
(b) calculates, withholds, and pays federal
				and state taxes;
(c) calculates and
				pays wages; and
(d) undertakes all
				other legally necessary activities.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.909 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: SELF-DIRECTED SERVICES, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A person living
				in a natural home or private residence may elect to self-direct some or all of
				their waiver services using:
(a) an agency
				with choice model; or
(b) an
				employer authority using a financial management services (FMS)
				option.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.911 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: AVAILABLE SERVICES

Current through Register Vol. 13, July 5, 2024
(1) The following services may be provided
				under the Medicaid Home and Community-Based Services Program:
(a) adaptive equipment, as provided in ARM
				37.34.925;
(b) adult companion, as provided in ARM
				37.34.926;
(c) adult foster, as provided in ARM
				37.34.929;
(d) assisted living, as provided in ARM
				37.34.930;
(e) behavioral support, as provided in ARM
				37.34.933;
(f) caregiver training and support, as
				provided in ARM
				37.34.934;
(g) community transition, as provided in ARM
				37.34.937;
(h) day supports and activities, as provided
				in ARM 37.34.938;
(i) environmental modifications, as provided
				in ARM 37.34.941;
(j) homemaker, as provided in ARM
				37.34.942;
(k) individual goods and services, as
				provided in ARM
				37.34.946;
(l) job discovery, as provided in ARM
				37.34.947;
(m) job preparation, as provided in ARM
				37.34.950;
(n) live-in caregiver, as provided in ARM
				37.34.951;
(o) meals, as provided in ARM
				37.34.954;
(p) nutritionist, as provided in ARM
				37.34.955;
(q) occupational therapy, as provided in ARM
				37.34.956;
(r) personal care, as provided in ARM
				37.34.957;
(s) personal emergency response, as provided
				in ARM 37.34.960;
(t) personal supports, as provided in ARM
				37.34.961;
(u) physical therapy, as provided in ARM
				37.34.962;
(v) private duty nursing, as provided in ARM
				37.34.963;
(w) psychological services, as provided in
				ARM 37.34.967;
(x) remote monitoring, as provided in ARM
				37.34.968;
(y) remote monitoring equipment, as provided
				in ARM 37.34.971;
(z) residential habilitation, as provided in
				ARM 37.34.972;
(aa) residential training support, as
				provided in ARM
				37.34.973;
(ab) respite, as provided in ARM
				37.34.974;
(ac) retirement services, as provided in ARM
				37.34.978;
(ad) speech therapy, as provided in ARM
				37.34.979;
(ae) supported employment, follow along, as
				provided in ARM
				37.34.980;
(af) supported employment, individual
				employment support, as provided in ARM
				37.34.981;
(ag) supported employment, small group, as
				provided in ARM
				37.34.985;
(ah) supported employment, coworker support,
				as provided in ARM
				37.34.986;
(ai) supports brokerage, as provided in ARM
				37.34.987;
(aj) transportation, as provided in ARM
				37.34.988; and
(ak) waiver-funded children's case
				management, as provided in ARM
				37.34.989.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.912 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: PROVIDER REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The criteria
				for a qualified provider to be authorized to deliver a service available
				through the 0208 HCBS Waiver Program are specified in the Provider
				Specifications for Services Matrix for the 0208 HCBS Waiver Program.
(2) The Provider Specifications for Services
				Matrix for the 0208 HCBS Waiver Program, dated December 27, 2013, sets forth
				the qualifications and standards that govern provider requirements in the
				provision of 0208 HCBS waiver services.
(3) The department adopts and incorporates by
				reference the Provider Specifications for Services Matrix for the 0208 HCBS
				Waiver Program, dated December 27, 2013.
(4) A copy of the matrix may be obtained
				through the Department of Public Health and Human Services, Developmental
				Disabilities Program, 111 N. Sanders, PO Box 4210, Helena, MT 59604-4210 or at
				http://www.dphhs.mt.gov/dsd/ddp/medicaidwaivers.shtml [File Link Not
				Available].
(5) A provider must
				document the completion of training in the personnel file of the staff or in
				the provider's staff training file including:
(a) the date of the training;
(b) name and title of trainer;
(c) name and signature of person receiving
				the training;
(d) type of
				training;
(e) the agenda of the
				training; and
(f) hours of
				training.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.913 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: REIMBURSEMENT

Current through Register Vol. 13, July 5, 2024
(1) Reimbursement for the provision of
				services or items funded through the 0208 Medicaid Home and Community-Based
				Services Waiver Program is available in accordance with criteria and procedures
				in ARM 37.34.3001 and
				37.34.3002.
(2) The rates of reimbursement for particular
				types of services and items that may be funded through the 0208 Medicaid Home
				and Community-Based Services Waiver Program are established in accordance with
				ARM 37.34.3005.
53-6-113,
					 53-6-402,
					 MCA; IMP,
					 53-6-101,
					 53-6-402,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.917 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: TERMINATION OF PLACEMENT

Current through Register Vol. 13, July 5, 2024
(1) The department
				may terminate a person's placement in the 0208 Medicaid Home and
				Community-Based Services Waiver Program if the person does not meet the
				requirements for the program, in accordance with this subchapter.
(2) The department may terminate a person's
				placement if:
(a) the program services or
				funding necessary to implement the person's service plan are unavailable from
				the program;
(b) the professional
				and other services necessary to implement the person's service plan are
				unavailable;
(c) the person does
				not cooperate in the eligibility determination process;
(d) the person does not participate in the
				planning for service delivery;
(e)
				the program services are no longer appropriate or cost efficient in relation to
				the person's needs and there are no alternative program services available by
				which a service plan can be implemented to provide for the person's
				needs;
(f) the person poses
				imminent risk to the health and safety of the person or another person by not
				participating in the program services available to that person;
(g) behaviors of the person precluded the
				delivery of program services as provided for in the person's service
				plan;
(h) behaviors of the person
				necessitate that the person must be served in a setting that is not available
				through the program or in which the services of the program may not be
				delivered; or
(i) health status of
				the person necessitates that the person must be served in a setting that is not
				available through the program or in which the services of the program may not
				be delivered.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.918 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: FREEDOM OF CHOICE

Current through Register Vol. 13, July 5, 2024
(1) A person determined by the department to
				require the level of care provided in an ICF/IID must be given a choice between
				placement in an ICF/IID or in the 0208 Medicaid Home and Community-Based
				Services (HCBS) Waiver Program.
(2)
				The person or legal representative must be informed of the feasible
				alternatives in the community, if any, available under the 0208 Medicaid HCBS
				Waiver Program.
(3) The Quality
				Improvement Specialist will complete the Waiver 5, Freedom of Choice form with
				the person during the initial face-to-face level of care determination and
				document, in the person's file, that the person was given the choice and record
				the choice the person made.
(4)
				Case managers must inform the person currently served in the 0208 HCBS Waiver
				Program annually of feasible alternatives in the community and provide
				documentation for the person's file.
53-6-113,
					 53-6-402,
					 MCA; IMP,
					 53-6-101,
					 53-6-402,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.919 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: NOTICE AND FAIR HEARING

Current through Register Vol. 13, July 5, 2024
(1) A person
				aggrieved by an adverse determination by the department may request a fair
				hearing as provided in ARM Title 37, chapter 5, subchapter 3.
53-6-113,
					 53-6-402,
					 MCA; IMP,
					 53-6-101,
					 53-6-402,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.925 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: ADAPTIVE EQUIPMENT

Current through Register Vol. 13, July 5, 2024
(1) Adaptive equipment is equipment necessary
				for the person to obtain or retain employment or to increase independent
				functioning in completing activities of daily living.
(2) Adaptive equipment must:
(a) relate specifically to and be primarily
				for the person's disability;
(b)
				have utility primarily for a person who has a disability;
(c) meet the specifications, if applicable,
				for the equipment set by the American National Standards Institute
				(ANSI);
(d) be prior authorized by
				the department if the cost of the project may exceed $4,000; and
(e) be unavailable through any other
				sources.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.926 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: ADULT COMPANION

Current through Register Vol. 13, July 5, 2024
(1) Adult companion services consist of
				nonmedical supervision and socialization provided to a person with a
				developmental disability. Companions may assist or supervise the person with
				tasks such as meal preparation, laundry, light housekeeping, and shopping but
				do not perform these activities as discrete services.
(2) Adult companion services must be provided
				in accordance with a therapeutic goal.
(3) Adult companion services may not be
				provided concurrent with:
(a) persons in
				residential settings in which primary care is funded 24/7; or
(b) with personal supports
				services.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.929 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: ADULT FOSTER

Current through Register Vol. 13, July 5, 2024
(1) Adult foster support is a comprehensive
				service in which the person resides with an unrelated caregiver, licensed as an
				adult foster care provider, in order to receive support and
				supervision.
(2) A provider may
				provide service for up to four unrelated persons.
(3) Room and board, items of comfort or
				convenience, or the cost of the maintenance and improvement of the facility are
				not included.
(4) Adult foster
				support may not be provided concurrent with the following services:
(a) personal supports;
(b) live-in caregiver;
(c) homemaker; or
(d) personal care.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.930 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: ASSISTED LIVING

Current through Register Vol. 13, July 5, 2024
(1) Assisted living is a congregate
				residential setting that provides or coordinates personal care, 24-hour
				supervision and assistance to meet the unpredictable needs of the person,
				activities, and health-related services.
(2) Assisted living is the provision of
				personal care, 24-hour supervision and assistance, and activities and
				health-related services.
(3) Room
				and board, items of comfort or convenience, or the cost of the maintenance and
				improvement of the facility are not included.
(4) Assisted living may not be provided
				concurrent with the following services:
(a)
				personal care;
(b)
				homemaker;
(c) residential
				habilitation;
(d) live-in
				caregiver;
(e) personal supports;
				and
(f) residential training
				supports.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.933 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: BEHAVIORAL SUPPORT SERVICES

Current through Register Vol. 13, July 5, 2024
(1) Behavioral
				support services teach others to carry out ethical and effective behavior
				interventions based on positive behavior supports. Behavioral support services
				staff may supervise the work of others who implement behavior
				interventions.
(2) Behavioral
				support services may include:
(a) designing
				behavioral assessments and functional analysis of behavior;
(b) interpreting assessment and evaluation
				results for staff and unpaid caregivers;
(c) designing, monitoring, and modifying
				written behavior support intervention procedures;
(d) training staff and unpaid caregivers in
				the implementation of formal and informal behavioral support procedures;
				and
(e) attending planning meetings
				for the purpose of providing guidance and information to plan team
				members.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.934 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: CAREGIVER TRAINING AND SUPPORT

Current through Register Vol. 13, July 5, 2024
(1) Caregiver
				training and support (CTS) are services for unpaid caregivers who provide
				training, companionship, or supervision to a person with a developmental
				disability in a family setting or a private noncongregate residence.
(2) Training for the caregiver may include:
(a) instruction about treatment
				regimens;
(b) use of specified
				equipment; and
(c) updates as
				necessary to safely maintain the person at home.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.937 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: COMMUNITY TRANSITION SERVICES

Current through Register Vol. 13, July 5, 2024
(1) Community
				transition services are nonrecurring set-up expenses for a person who is
				transitioning from an institution to a Developmental Disabilities Program (DDP)
				waiver-funded home and community-based residential service.
(2) The community transition service must be
				necessary to enable a person to establish a basic household.
(3) Community transition services are
				furnished only to the extent that:
(a) they
				are reasonable and necessary;
(b)
				the person is unable to meet such an expense; or
(c) the services cannot be obtained from
				other sources.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.938 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: DAY SUPPORTS AND ACTIVITIES

Current through Register Vol. 13, July 5, 2024
(1) Day supports
				and activities consist of formalized habilitation services and staff support
				for the acquisition, retention, or improvement in self-help, behavioral,
				educational, socialization, and adaptive skills.
(2) Day supports and activities are
				person-centered, preplanned, purposeful, documented, and scheduled activities
				which take place during typical working hours, in a nonresidential setting,
				separate from the private residence of the person or other residential living
				arrangements.
(3) Day supports and
				activities may occur within a day activity setting, in the community, or in
				both settings.
(4) Day supports and
				activities may be provided as a continuous or intermittent service.
(5) Day supports and activities must consist
				of community inclusion activities.
53-6-113,
					 53-6-402,
					 MCA; IMP,
					 53-6-101,
					 53-6-402,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.941 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: ENVIRONMENTAL MODIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1)
				Environmental modifications are those physical adaptations to the home or
				vehicle which are necessary to safeguard the health, welfare, and safety of the
				person, or which enable the person to function with greater independence and
				without which the person would require institutionalization.
(2) An environmental modification must:
(a) relate specifically to and be primarily
				for a person with a disability;
(b)
				have utility primarily for a person who has a disability;
(c) not be an item or modification that a
				family would normally be expected to provide for a nondisabled family
				member;
(d) not be in the form of
				room and board or general maintenance;
(e) meet the specifications, if applicable,
				for the modification set by the American National Standards Institute (ANSI);
				and
(f) be prior authorized by the
				department if the cost of the project may exceed $4,000.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.942 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: HOMEMAKER

Current through Register Vol. 13, July 5, 2024
(1) Homemaker services are general household
				activities performed when the person regularly responsible for these activities
				is unable to manage the home or care for self or others in the home or is
				engaged in providing habilitation and support services to the person with the
				developmental disability.
(2)
				Homemaker services may include meal preparation, cleaning, simple household
				repairs, laundry, shopping for food and supplies, and other routine household
				care.
(3) Homemaker services do not
				include the provision of personal care services as described in ARM
				37.34.957.
53-6-113,
					 53-6-402,
					 MCA; IMP,
					 53-6-101,
					 53-6-402,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.946 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: INDIVIDUAL GOODS AND SERVICES

Current through Register Vol. 13, July 5, 2024
(1) Individual
				goods and services are services, supports, or goods that enhance opportunities
				to achieve outcomes related to living arrangements, relationships, and
				inclusion in the community as identified and documented in the plan of
				care.
(2) Individual goods and
				services must fall into one of the following categories:
(a) memberships and fees; or
(b) equipment and supplies.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.947 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: JOB DISCOVERY

Current through Register Vol. 13, July 5, 2024
(1) Job discovery is individual assistance to
				identify supports and develop employment goals and a career profile or career
				plan for achieving integrated employment. Career profiles or career plans may
				be developed through various strategies such as job exploration, job shadowing,
				informational interviewing, job and task analysis activities, employment
				preparation, business plan development for self-employment, and
				volunteerism.
(2) Job discovery is
				limited to 40 hours of service per year, unless additional hours are prior
				approved by the Developmental Disabilities Program (DDP).
(3) Job discovery may be provided in
				conjunction with other employment services.
(4) Agency-based services may be provided in:
(a) a community setting; or
(b) a developmental disability legal entity
				site.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.950 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: JOB PREPARATION

Current through Register Vol. 13, July 5, 2024
(1) Job preparation provides formalized
				training and work experiences, based upon the goals identified during job
				discovery, intended to teach a person the skills necessary to succeed in a paid
				competitive, customized, or self-employment setting. Training may also address
				workplace social skills and the development of practices and behaviors
				necessary for successful employment.
(2) Job preparation must be primarily for the
				purpose of habilitation.
(3) If the
				person has not obtained integrated employment after two years of receiving job
				preparation, the job discovery process must be repeated.
(4) Job preparation may be provided in
				conjunction with other employment services.
53-6-113,
					 53-6-402,
					 MCA; IMP,
					 53-6-101,
					 53-6-402,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.951 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: LIVE-IN CAREGIVER

Current through Register Vol. 13, July 5, 2024
(1) Live-in caregiver services provide
				support to enable a person to live independently and participate in community
				activities to the fullest extent possible. The live-in caregiver assists with
				implementing the needed supports as identified in the plan of care which enable
				the person to retain or improve skills related to health, activities of daily
				living, money management, community resources, community safety, and other
				adaptive skills needed to live in the community.
(2) Live-in caregiver services cannot be
				provided in the caregiver's private residence or in a residence that is owned
				or leased by a Montana Medicaid provider.
(3) Live-in caregiver services must include
				an approved back-up plan in the event of service disruption.
(4) Terms and conditions of the service must
				be specified in a written live-in caregiver agreement between the legal entity,
				the live-in caregiver, and the person receiving the service and approved by the
				department.
(5) Parents or legal
				representatives may not be reimbursed for live-in caregiver services.
(6) Live-in caregiver services are reimbursed
				a daily room and board stipend.
(7)
				The annual cap for live-in caregiver services is $9,000.
53-6-113,
					 53-6-402,
					 MCA; IMP,
					 53-6-101,
					 53-6-402,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.954 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: MEALS

Current through Register Vol. 13, July 5, 2024
(1) Meal services provide hot or other
				appropriate meals once or twice a day, up to seven days a week, to ensure that
				a person receives adequate nourishment and to prevent institutional
				placement.
(2) Meal services may
				only be provided to a person who is not eligible to receive meals from any
				other source, or who need different or more extensive services than are
				otherwise available.
53-6-113,
					 53-6-402,
					 MCA; IMP,
					 53-6-101,
					 53-6-402,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.955 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: NUTRITIONIST

Current through Register Vol. 13, July 5, 2024
(1) Nutritionist services are services
				related to the management of a person's nutritional needs and include:
(a) meal planning;
(b) consultation with and training for
				persons providing direct care; and
(c) education for the person receiving the
				service.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.956 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: OCCUPATIONAL THERAPY

Current through Register Vol. 13, July 5, 2024
(1) Occupational therapy is as defined in
				37-24-103(5),
				MCA.
(2) Providers of occupational
				therapy services must be licensed in accordance with the rules and regulations
				governing the profession.
(3)
				Occupational therapy must be provided through direct contact with a licensed
				therapist and the person or to train persons working directly with the person
				receiving the service.
(4)
				Occupational therapists may provide evaluation, consultation, training, and
				treatment.
(5) Occupational therapy
				may be provided when required occupational therapy services exceed Montana
				state plan or are different from the services available in the Montana state
				plan.
53-6-113,
					 53-6-402,
					 MCA; IMP,
					 53-6-101,
					 53-6-402,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.957 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: PERSONAL CARE

Current through Register Vol. 13, July 5, 2024
(1) Personal care services provide medically
				necessary in-home services to persons who are functionally limited in
				performing activities of daily living.
(2) Personal care services may include:
(a) assistance with personal hygiene,
				dressing, eating, and ambulatory needs;
(b) household tasks incidental to the health
				care needs of the person or otherwise necessary to maintain the person in the
				home; and
(c) supervision for
				health and safety reasons.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.960 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: PERSONAL EMERGENCY RESPONSE SYSTEM

Current through Register Vol. 13, July 5, 2024
(1) Personal
				emergency response system (PERS) is an electronic device that enables the
				person to secure help in an emergency. The system is connected to the person's
				phone and programmed to signal a response center once a help button is
				activated. The response center is staffed by trained professionals. PERS
				services may be appropriate for persons who live alone, or who are alone for
				parts of the day, and have no regular caregiver for periods of time.
(2) PERS service may be delivered via a
				cellular phone.
(3) To access the
				cellular phone option, the person must:
(a)
				require access to assistance or supports; and
(b) frequently be beyond the range of
				coverage of a PERS system.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.961 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: PERSONAL SUPPORTS

Current through Register Vol. 13, July 5, 2024
(1) Personal supports service assist the
				person in carrying out daily living tasks and other activities essential for
				living in the community and provide supervision and monitoring to ensure the
				person's health and safety.
(2)
				Personal supports may assist the person with:
(a) ensuring the person's health and
				safety;
(b) accessing the
				community;
(c) development of
				self-advocacy skills;
(d)
				identifying and sustaining a personal support network;
(e) household activities necessary to
				maintain the home-living environment;
(f) home maintenance activities;
(g) maintaining employment; and
(h) accessing opportunities.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program › Rule 37.34.962 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: PHYSICAL THERAPY

Current through Register Vol. 13, July 5, 2024
(1) Physical therapy is as defined in
				37-11-101(7),
				MCA.
(2) Providers of physical
				therapy services must be licensed in accordance with the rules and regulations
				governing the profession.
(3)
				Physical therapy must be provided through direct contact with the therapist and
				the person or to train persons working directly with the person receiving the
				service.
(4) Physical therapist may
				provide supports that:
(a) improve or
				preserve abilities of independent functioning; and
(b) prevent, in as much as possible, chronic
				or progressive conditions.