reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.17 - Reports to Credit Reporting Agencies › Rule 37.62.1705 - AMOUNTS TO BE REPORTED

Current through Register Vol. 13, July 5, 2024
(1) The CSSD will
				report to the consumer reporting agency only those support debts when:
(a) the amount of the debt retainable by the
				CSSD for the reimbursement of assigned public assistance expenditures is an
				amount equal to at least seven times the monthly current support; or
(b) the amount of the debt owing to an
				obligee is an amount equal to at least seven times the monthly current
				support.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.17 - Reports to Credit Reporting Agencies › Rule 37.62.1707 - CONTESTING ACCURACY OF REPORTED INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) After service
				of notice specified in ARM
				37.62.1701 which contains a
				statement of intent to report a support debt to a consumer reporting agency,
				the obligor may contest the accuracy of the intended report during a hearing
				conducted pursuant to the notice.
(2) Except as provided in (3) , at any time
				after a reinvestigation conducted by a consumer reporting agency, an obligor
				dissatisfied with the results of the reinvestigation may request an
				administrative hearing to contest the accuracy of the support debt. Except as
				provided in (3) no hearing shall be denied for lack of timely
				request.
(3) An obligor may not be
				granted a hearing to contest the accuracy of a support debt whenever the amount
				of the debt:
(a) has previously been
				determined by a court or administrative final decision and order; or
(b) was at issue under a notice served upon
				the obligor under
				40-5-222,
				40-5-223,
				40-5-225,
				40-5-232,
				40-5-413,
				and
				40-5-702,
				MCA, and the obligor either failed to timely request a hearing or failed to
				appear at a scheduled hearing.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.19 - Medical Support Enforcement › Rule 37.62.1901 - PROVIDING INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) Whenever an
				obligor is required under
				40-5-208,
				MCA to provide the CSSD with information regarding health or medical insurance
				coverage, the obligor shall provide the information within 20 days following
				the receipt of a written request from the CSSD. The information must be
				provided by a verified writing using a form provided by the CSSD or a form
				provided by the obligor which contains essentially the same
				information.
(2) The request for
				health or medical insurance coverage information shall be deemed continuing,
				and the obligor must report changes in the information to the CSSD within 20
				days of the change.
(3) Failure to
				provide or update the information may result in the assessment of a monetary
				sanction under
				40-5-208,
				MCA.
AUTH:
					 40-5-202,
					 MCA; IMP:
					 40-5-208,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.19 - Medical Support Enforcement › Rule 37.62.1903 - NOTICE TO OBLIGOR

Current through Register Vol. 13, July 5, 2024
(1) If the CSSD
				determines that an obligor failed to provide or maintain health or medical
				insurance coverage pursuant to statute or court or administrative order, or if
				the obligor fails to provide information concerning such coverage, or both, the
				CSSD may cause to be served upon the obligor, a notice of such failure. The
				notice shall include:
(a) names of the
				obligor, the obligee and the child;
(b) a description of the court or
				administrative order, or statute which created the obligation to obtain and
				maintain insurance coverage;
(c) a
				statement of the monetary sanction to be assessed and the months for which the
				assessment is made;
(d) an order
				commanding the obligor to appear and show cause why the amount assessed should
				not become final;
(e) a statement
				that the amount finally assessed will be subject to income withholding, warrant
				for distraint and other remedies available to the CSSD to collect the assessed
				amount; and
(f) a statement of
				possible defenses to the assessment of monetary sanctions.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.19 - Medical Support Enforcement › Rule 37.62.1905 - REQUEST FOR HEARING (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 40-5-202,
					 MCA; IMP:
					 40-5-208,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.19 - Medical Support Enforcement › Rule 37.62.1907 - AMOUNT OF MONETARY SANCTION (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 40-5-202,
					 MCA; IMP:
					 40-5-208,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.19 - Medical Support Enforcement › Rule 37.62.1909 - REASONABLE COST OF HEALTH INSURANCE

Current through Register Vol. 13, July 5, 2024
(1)
				An individual insurance or a health benefit plan is presumed to be available to
				a parent at a reasonable cost if:
(a) the
				amount payable for individual insurance or health benefit plan premiums does
				not exceed 5% of that parent's gross income; or
(b) a health benefit plan is available
				through an employer or other group organization for which the premium is
				partially or entirely paid by the employer or other group
				organization.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.21 - Modification of Support Orders › Rule 37.62.2101 - MODIFICATION OF SUPPORT ORDERS

Current through Register Vol. 13, July 5, 2024
(1) The
				CSSD may conduct a review for modification of a support order which it is
				enforcing upon a verified written application showing one or more of the
				criteria for review under
				40-5-272,
				MCA.
(2) The party filing an
				application for a review may withdraw the application prior to service of the
				administrative notice described in
				40-5-273,
				MCA without triggering the prohibitions of ARM
				37.62.2103(2)(a).
(3) The CSSD may conduct a review for
				modification of a support order which it is enforcing upon receipt of
				documentation that the obligated parent will be incarcerated for more than 180
				days. The results of this review may be abatement of any support due during the
				period of incarceration and for 60 days following the release from
				incarceration.
AUTH:
					 40-5-202,
					 MCA; IMP:
					 40-5-226,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.21 - Modification of Support Orders › Rule 37.62.2103 - AVAILABILITY OF REVIEW

Current through Register Vol. 13, July 5, 2024
(1) For purposes of
				40-5-272(4)(a),
				MCA, a substantial change in circumstances includes, but is not limited to:
(a) an increase or decrease of at least 30%
				in a parent's income for child support, as defined by the Montana child support
				guidelines, ARM
				37.62.105(1);
(b) the adoption, emancipation, or death of a
				child in households where more than one child are the subjects of the guideline
				calculation, if the existing order is not a per child amount;
(c) the movement of a child from one parent's
				home to the home of the other parent, with the intent that the move is
				permanent and is:
(i) evidenced by the
				written consent of the other parent;
(ii) ordered by a court of competent
				jurisdiction; or
(iii) demonstrated
				to have continued for 90 days prior to the request for review and modification;
(d) the development of
				special needs by a child, if those needs were not considered in the original
				order; or
(e) evidence that the
				original Montana order was set without reference to the child support
				guidelines.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.21 - Modification of Support Orders › Rule 37.62.2105 - HEARING ON DENIAL OF REVIEW REQUEST

Current through Register Vol. 13, July 5, 2024
(1)
				When a review is denied under ARM
				37.62.2103,
				the parent requesting the review has the right to request a hearing on whether
				the review was properly denied. The request for hearing shall be made to the
				CSSD Office of the Administrative Law Judge, and must be received within 10
				days after service of a notice denying the review request.
(2) The hearing shall be conducted in
				accordance with CSSD rules at ARM
				37.62.901,
				et seq., except that the hearing is not a contested case hearing, and therefore
				no judicial review is available. The scope of the hearing is limited to the
				CSSD 's decision rejecting the review request, and the order of the
				administrative law judge is not subject to ARM
				37.62.949
				regarding proposed orders.
AUTH:
					 40-5-202,
					 MCA; IMP:
					 40-5-202,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.21 - Modification of Support Orders › Rule 37.62.2107 - PROCEDURE FOR TERMINATING REVIEW OR MODIFICATION AFTER CLOSURE OF IV-D CASE

Current through Register Vol. 13, July 5, 2024
(1) If a IV-D case is closed while a review
				application or modification action is pending, the CSSD will mail notice to the
				party who did not open the IV-D case and offer that party the opportunity to
				apply for support enforcement services.
(2) If a new IV-D referral or an application
				for support enforcement services is not received by the CSSD within 20 calendar
				days of the date the notice was received by the party, the modification notice
				will be dismissed or the review application denied.
(3) If a new IV-D referral or an application
				for support enforcement services is received by the CSSD within 20 calendar
				days of the date the notice was received by the party, the action will continue
				from the point at which the IV-D case was closed.
(4) No additional or duplicate fees for
				performing the administrative review and modification will be charged in a case
				re-opened under this rule.
(5)
				This rule does not apply when closure is the result of a good cause
				determination by the appropriate agency under
				42
				CFR 433.147 or 45 CFR 232.40 through 232.49
				that support enforcement may not proceed without risk of harm to the child or
				caretaker relative.
AUTH:
					 40-5-202,
					 MCA; IMP:
					 40-5-202,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.21 - Modification of Support Orders › Rule 37.62.2109 - CHOICE OF LAW

Current through Register Vol. 13, July 5, 2024
(1) All reviews and
				modifications under this subchapter will be conducted using Montana law, rules,
				procedures and child support guidelines.
(2) Any disputes about the effect or
				interpretation of Montana law, rules or procedures shall, if possible, be
				resolved with reference to the interpretations of the courts of
				Montana.
40-5-202,
					 MCA; IMP,
					 40-5-202,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.21 - Modification of Support Orders › Rule 37.62.2111 - TIME FRAME DETERMINATIONS

Current through Register Vol. 13, July 5, 2024
(1) For
				purposes of determining time frames in reviews and modifications conducted
				under this subchapter, the following provisions apply:
(a) a request for review is received when the
				CSSD has sufficient information to determine if review is available under ARM
				37.62.2103;
				or
(b) the CSSD shall take no
				action on a review or modification while the procedures under ARM
				37.62.2107
				are being performed. The time provided for the performance of procedures under
				ARM
				37.62.2107
				shall not be counted in any determination of time frames.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.21 - Modification of Support Orders › Rule 37.62.2113 - REQUESTS FOR DISCOVERY

Current through Register Vol. 13, July 5, 2024
(1) Requests for
				discovery by parties in administrative modification cases must be received in
				the CSSD Office of the Administrative Law Judge on or before the 10th day after
				service of a Notice of Review of Child Support Order and Order to Produce
				Financial Information upon the party requesting discovery. The CSSD may request
				discovery by including a discovery order within its notice of proposed
				modification.
(2) Requests for
				discovery may be denied for untimeliness or for other good and reasonable
				cause.
(3) Except as otherwise
				provided in these rules or the authorizing statutes, discovery shall be
				conducted as provided in ARM Title 37, chapter 62, part 9.
AUTH:
					 40-5-202,
					 MCA; IMP:
					 40-5-202,
					 40-5-273,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.21 - Modification of Support Orders › Rule 37.62.2115 - SETTLEMENT CONFERENCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
40-5-202,
					 MCA; IMP,
					 40-5-202,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.21 - Modification of Support Orders › Rule 37.62.2117 - NEGLIGIBLE CHANGE

Current through Register Vol. 13, July 5, 2024
(1) If the
				difference between the existing total monthly support order and the proposed
				support obligation is less than 15%, the change may be considered negligible
				and the child support provisions of the existing support order need not be
				modified.
(2) Provisions in the
				existing order for the medical needs of the child may be modified even if the
				change in the child support amount is negligible. Where an existing support
				order does not contain a provision for the medical needs of the child, the
				order may be modified to include a medical support order even if the change in
				the child support amount is negligible.
40-5-202,
					 MCA; IMP,
					 40-5-202,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.21 - Modification of Support Orders › Rule 37.62.2119 - MODIFICATION HEARING

Current through Register Vol. 13, July 5, 2024
(1) A party may
				request a hearing on the Notice of Administrative Review.
(2) The request for hearing must be received
				in the office of the administrative law judge within 20 days after the Notice
				of Administrative Review is received by the party requesting a hearing.
(3) If no party timely requests a
				hearing, the administrative law judge may enter an order adopting the terms and
				provisions proposed in the notice, including the child support amount and the
				imposition or modification of a medical support order.
(4) After the modification hearing, the
				administrative law judge shall enter an order in accordance with
				40-5-277,
				MCA.
(5) The order shall be
				effective the first day of the month following the issuance of the Notice of
				Proposed Modification, or as determined by a district court. If the
				modification result is a lowered child support obligation, all payments
				received during the pendency of the modification action shall be credited
				against the new obligation, and amounts exceeding the modified obligation shall
				be applied first to outstanding arrearages, fees, and fines. Any amount
				remaining after such credits shall be applied to future child support by
				reducing the amount of child support collected under the new order for no more
				than six months, or before the order terminates, whichever comes first. Parties
				may agree to an alternate schedule. No refunds shall be available from the
				CSSD.
AUTH:
					 40-5-202,
					 MCA; IMP:
					 40-5-202,
					 40-5-272,
					 40-5-273,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.21 - Modification of Support Orders › Rule 37.62.2121 - ADDITIONAL HEARING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) To the
				extent they are not inconsistent with the provisions of this subchapter, the
				overall hearing procedures set forth in subchapter 9 of this chapter are
				applicable to administrative hearings under this subchapter.
40-5-202,
					 MCA; IMP,
					 40-5-273,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.66 - MENTAL HEALTH INPATIENT FACILITIES › Subchapter 37.66.1 - Admission Policy for Mental Health Inpatient Facilities › Rule 37.66.101 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The Montana mental health nursing care
				center, a licensed nursing care facility, provides long term care and treatment
				of persons with mental disorders. The primary function of the center is set
				forth in
				53-21-411,
				MCA. The center provides a secure unit for persons with alzheimer/dementia.
				This program provides for persons who do not require the intensity of treatment
				available at Montana state hospital.
Sec.
					 53-21-402
					 and
					 53-21-411,
					 MCA; IMP, Sec.
					 53-21-411,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.66 - MENTAL HEALTH INPATIENT FACILITIES › Subchapter 37.66.1 - Admission Policy for Mental Health Inpatient Facilities › Rule 37.66.102 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Mental disorder" means impairment as
				defined in
				53-21-102,
				MCA.
(2) "Professional person"
				means a person as defined in
				53-21-102,
				MCA.
(3) "Center" means the Montana
				mental health nursing care center.
(4) "Superintendent" means the superintendent
				of the Montana mental health nursing care center.
Sec.
					 53-21-402
					 and
					 53-21-411,
					 MCA; IMP, Sec.
					 53-21-411,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.66 - MENTAL HEALTH INPATIENT FACILITIES › Subchapter 37.66.1 - Admission Policy for Mental Health Inpatient Facilities › Rule 37.66.106 - ADMISSION CRITERIA

Current through Register Vol. 13, July 5, 2024
(1) Eligibility for
				admission to the Montana center is determined without regard to race, color,
				sex, culture, social origin or condition, political or religious ideas, or
				ability to pay for the cost of care.
(2) To be eligible for admission on a
				voluntary basis, a person must:
(a) be 18
				years of age;
(b) be diagnosed as
				having a mental disorder;
(c)
				require long term nursing care;
(d)
				exhibit behaviors rendering the person unable to be served appropriately in the
				community of residence or in a less restrictive setting;
(e) not require acute medical hospital
				care;
(f) not require active
				psychiatric treatment as provided by Montana state hospital;
(g) not require the services of a full time
				psychiatrist;
(h) have received a
				mental health evaluation and recommendation for admission by a mental health
				professional person within 60 days prior to application;
(i) be admitted on a voluntary basis through
				application by the person, a legally appointed guardian or durable power of
				attorney providing for health care decisions; and
(j) complete a center application for
				admission.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.66 - MENTAL HEALTH INPATIENT FACILITIES › Subchapter 37.66.1 - Admission Policy for Mental Health Inpatient Facilities › Rule 37.66.107 - APPLICATION PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) To be
				considered
for admission, the applicant, applicant's guardian, or person
				  who has a power of attorney for the applicant, must submit to the
				  superintendent of the center:
(a) a
				completed admissions packet; and
(b) a medical history including the
				comprehensive medical evaluation and recommendation of a mental health
				professional.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.66 - MENTAL HEALTH INPATIENT FACILITIES › Subchapter 37.66.1 - Admission Policy for Mental Health Inpatient Facilities › Rule 37.66.108 - APPLICATION MATERIALS

Current through Register Vol. 13, July 5, 2024
(1) Application
				packets are available by writing to the superintendent of the Montana Mental
				Health Nursing Care Center, 800 Casino Creek Drive, Lewistown, Montana
				59457.
Sec.
					 53-21-402
					 and
					 53-21-411,
					 MCA; IMP, Sec.
					 53-21-411
					 and
					 53-21-414,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.66 - MENTAL HEALTH INPATIENT FACILITIES › Subchapter 37.66.1 - Admission Policy for Mental Health Inpatient Facilities › Rule 37.66.109 - ADMISSIONS PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) The
				superintendent will review all application materials and determine the
				applicant's eligibility for admission.
(2) The superintendent will notify the
				applicant, in writing, of the decision regarding eligibility.
(3) The eligible applicant will be admitted
				when an appropriate bed is available.
(4) If there is no bed immediately available,
				the applicant will be placed on a waiting list.
(5) Except for priority admissions as
				described in ARM
				37.66.106, the center will admit
				applicants from the waiting list on the basis of the date of determination of
				eligibility for admission as beds become available.
(6) The superintendent may waive the use of
				the waiting list if:
(a) the location of an
				available bed requires that the next person admitted be of a particular sex;
				or
(b) there is an applicant whose
				current living conditions require that he or she be admitted
				immediately.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.66 - MENTAL HEALTH INPATIENT FACILITIES › Subchapter 37.66.1 - Admission Policy for Mental Health Inpatient Facilities › Rule 37.66.115 - TREATMENT

Current through Register Vol. 13, July 5, 2024
(1) Treatment provided at the center focuses
				on maintaining the resident's physical and mental functioning to the extent
				possible. Residents will be provided medical, nursing, dietary, recreation and
				social services through an individualized care plan for each resident. The
				center may utilize the services of the regional mental health center when
				individual residents might benefit from such services.
Sec.
					 53-21-411,
					 MCA; IMP, Sec.
					 53-21-411,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.66 - MENTAL HEALTH INPATIENT FACILITIES › Subchapter 37.66.1 - Admission Policy for Mental Health Inpatient Facilities › Rule 37.66.120 - TRANSFER AND DISCHARGE CRITERIA

Current through Register Vol. 13, July 5, 2024
(1) The
				superintendent may authorize the transfer of a center resident to a licensed
				hospital in a medical emergency without the resident's consent.
(2) The director of the department of public
				health and human services, may authorize the transfer of a center resident to
				Montana state hospital for a period not to exceed 10 days.
(3) Residents of the center may be
				voluntarily admitted to Montana state hospital pursuant to
				53-21-111,
				MCA, or involuntarily committed pursuant to
				53-21-128,
				MCA.
(4) If the patient is
				currently the subject of an involuntary commitment, the patient may be
				transferred to Montana state hospital after notification pursuant to
				53-21-413,
				MCA.
(5) A legally competent
				voluntary resident will be discharged from the center within 5 days following a
				written request from the resident. If guardianship or durable power of attorney
				for the health care of the resident has been established, the written request
				must be made by the guardian or power of attorney.
(6) The superintendent may also discharge a
				resident after making proper arrangements if:
(a) the resident consistently displays
				behavior which violates other residents= rights;
(b) the resident=s behavior poses a
				consistent and/or serious danger to other residents, staff or
				visitors;
(c) the resident requires
				specialized care or treatment not available at the center;
(d) the resident is able to function in a
				setting requiring greater independence;
(e) the resident may be served in a less
				restrictive environment such as a non-specialized nursing home; or
(f) the resident poses a health danger to
				other residents.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.66 - MENTAL HEALTH INPATIENT FACILITIES › Subchapter 37.66.1 - Admission Policy for Mental Health Inpatient Facilities › Rule 37.66.130 - APPEAL PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) Applicants who
				are denied admission, or residents who are involuntarily discharged
may appeal by submitting, in writing, their reasons
				  for
appealing the decision to the Director of the Department of
				  Public Health and Human Services, 111 N. Sanders, P.O. Box 4210, Helena, MT
				  59604-4210 prior to discharge or within 30 days of the denial of
				  admission.
(2) The director
				will respond to the appeal, in writing, within 30 days of receipt of the
				appeal.
(3) Pending appeal of an
				involuntary discharge, the patient may be transferred pursuant to ARM
				37.66.120 or allowed to remain at
				the center until the final decision of the director.
Sec.
					 53-21-402
					 and
					 53-21-411,
					 MCA; IMP, Sec.
					 53-21-411,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.66 - MENTAL HEALTH INPATIENT FACILITIES › Subchapter 37.66.2 - Documentation for Admission to Montana State Hospital › Rule 37.66.201 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Court of Competent Jurisdiction" means a
				court having authority over the subject matter of civil commitment for
				treatment of a mental disorder and personal jurisdiction over the patient. In
				Montana, courts of competent jurisdiction are:
(a) state district courts, for all persons
				found within the state except members of an Indian tribe as described in (b);
				and
(b) tribal courts in Montana,
				for a tribal member physically located within the boundaries of the tribal
				member's reservation of enrollment at the time of commitment.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.66 - MENTAL HEALTH INPATIENT FACILITIES › Subchapter 37.66.2 - Documentation for Admission to Montana State Hospital › Rule 37.66.203 - PREADMISSION DOCUMENTATION: CIVIL

Current through Register Vol. 13, July 5, 2024
(1) Before
				taking any of the actions listed in (a) through (e), a professional person must
				contact MSH by calling the main MSH switchboard at (406) 693-7000 to speak to
				the person responsible for admissions, and provide information and records as
				requested by MSH, including both physical and psychiatric medical information,
				sufficient to evaluate the immediate treatment needs and appropriate placement
				of the patient and whether alternative, less restrictive and medically
				appropriate facilities are available. Actions triggering this requirement are:
(a) authorizing an emergency detention at MSH
				under
				53-21-129,
				MCA;
(b) requesting a 10-day
				transfer to MSH under
				53-21-130,
				MCA;
(c) submitting an application
				for voluntary admission to MSH under
				53-21-111,
				MCA and ARM
				37.66.306;
(d) requesting the county attorney to file a
				petition for involuntary civil commitment to MSH under Title 53, chapter 21,
				MCA; or
(e) filing or requesting
				tribal authorities to file a petition for involuntary civil commitment to MSH
				under applicable tribal law.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.66 - MENTAL HEALTH INPATIENT FACILITIES › Subchapter 37.66.2 - Documentation for Admission to Montana State Hospital › Rule 37.66.205 - PREADMISSION DOCUMENTATION: FORENSIC

Current through Register Vol. 13, July 5, 2024
(1)
				Before admitting a criminal defendant committed under any provision of Title
				46, chapter 14, MCA, MSH must collect information and records, including both
				physical and psychiatric medical information, sufficient to evaluate the
				immediate treatment needs of the patient, and consult with outpatient providers
				and criminal justice authorities to coordinate patient care during the
				admission process.
53-1-603,
					 53-21-601,
					 MCA; IMP,
					 53-1-601,
					 53-21-101,
					 53-21-601,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.66 - MENTAL HEALTH INPATIENT FACILITIES › Subchapter 37.66.2 - Documentation for Admission to Montana State Hospital › Rule 37.66.207 - DOCUMENTATION OF LEGAL AUTHORITY TO ADMIT - PRELIMINARY DOCUMENTATION BY FAX

Current through Register Vol. 13, July 5, 2024
(1) MSH may not admit any person for
				evaluation, custody, care, or treatment without having received documentation
				that the admission is voluntary or that other legal authority exists to admit
				the person.
(2) Documentation of
				legal authority to admit consists of:
(a) for
				voluntarily admission, an original signed and witnessed application for
				voluntary admission as provided in
				53-21-111,
				MCA, and ARM
				37.66.306;
(b) for emergency detention to the next
				regular business day, an original signed statement from a professional person
				after evaluation of the person pursuant to
				53-21-129,
				MCA, that the person appears to have a mental disorder and that an emergency
				situation exists because any person is in imminent danger of death or bodily
				harm from the activity of the person;
(c) for ten-day interinstitutional transfer,
				an original written request for transfer from another DPHHS institution or the
				Department of Corrections pursuant to
				53-21-130,
				MCA, which has been accepted in writing by the superintendent;
(d) for court-ordered detention, a certified
				copy of an order from a court of competent jurisdiction that authorizes the
				detention of the person to receive treatment for a mental disorder on a
				temporary basis until a hearing is held on a petition for civil
				commitment;
(e) for civil
				commitment, a certified copy of an order from a court of competent jurisdiction
				that authorizes the detention of the person to receive treatment for a mental
				disorder; or
(f) for forensic
				commitment, a certified copy of an order from a court having jurisdiction of
				criminal proceedings, committing the person under the provisions of Title 46,
				chapter 14, MCA, for evaluation, custody, care, or treatment.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.66 - MENTAL HEALTH INPATIENT FACILITIES › Subchapter 37.66.3 - Voluntary Admissions To Montana State Hospital › Rule 37.66.301 - VOLUNTARY ADMISSION PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) The
				purpose of this chapter is to assure that voluntary admissions to Montana state
				hospital comply with the procedure established by
				53-21-111
				and
				53-1-203,
				MCA to assure that persons are not admitted to Montana state hospital if
				adequate treatment is available to them in the mental health region, and to
				establish a procedure whereby persons may be refused admission if the
				requirements of
				53-21-111
				and
				53-1-203,
				MCA are not met.
Sec.
					 53-21-111
					 and
					 53-1-203,
					 MCA; IMP, Sec.
					 53-21-111
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.66 - MENTAL HEALTH INPATIENT FACILITIES › Subchapter 37.66.3 - Voluntary Admissions To Montana State Hospital › Rule 37.66.302 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Department" means the department of
				public health and human services.
(2) "Professional person" means a medical
				doctor or a person who has been certified as a professional person by the
				department pursuant to
				53-21-106,
				MCA.
(3) "Hospital" means Montana
				state hospital, Warm Springs campus.
(4) "Superintendent" means the superintendent
				of Montana state hospital.
(5)
				"Region" means a mental health region as described in
				53-21-204,
				MCA.
(6) "Center" means a
				comprehensive community mental health center as described in
				53-21-201,
				MCA.
(7) "Director" means the
				person appointed by a regional mental health corporation board to administer a
				comprehensive mental health center.
(8) "Designee" means a person employed by the
				center, who is appointed by the director to act on his/her behalf for the
				purposes of this chapter.
(9)
				"Applicant" means a person at least 18 years of age who is seeking voluntary
				admission to Montana state hospital.
(10) "Community support program (CSP) "
				employee means a center staff person whose primary work responsibilities
				involve the region's provision of support services, including but not limited
				to, day treatment, case management, residential, and crisis services to adults
				with severe disabling mental illness.
Sec.
					 53-21-111
					 and
					 53-1-203,
					 MCA; IMP, Sec.
					 53-21-111,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.66 - MENTAL HEALTH INPATIENT FACILITIES › Subchapter 37.66.3 - Voluntary Admissions To Montana State Hospital › Rule 37.66.306 - SCREENING PROCESS

Current through Register Vol. 13, July 5, 2024
(1) Each region
				shall have a minimum of 6 voluntary admission screening designees to assure
				that an applicant's geographical location within the region does not prevent
				prompt completion of the screening process.
(a) The designees shall be appointed by the
				director and approved by the department.
(b) A list of authorized designees shall be
				provided to the hospital and to all professional persons within the region and
				the director shall keep the list current.
(c) The hospital shall maintain a current
				list of professional persons and a current list of authorized designees at
				appropriate locations within the hospital.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.66 - MENTAL HEALTH INPATIENT FACILITIES › Subchapter 37.66.3 - Voluntary Admissions To Montana State Hospital › Rule 37.66.312 - PARAMETERS FOR VOLUNTARY ADMISSION TO MONTANA STATE HOSPITAL

Current through Register Vol. 13, July 5, 2024
(1) Voluntary admissions to Montana state
				hospital will be appropriate only when Montana state hospital is the least
				restrictive and most appropriate placement available.
(2) Montana state hospital will be considered
				the least restrictive and most appropriate placement for an individual who:
(a) is violent and assaultive as a result of
				mental illness and is unable to be served in local inpatient
				facilities;
(b) is so suicidal as
				to require 1:1 attention over extended periods of time and is unable to be
				served in mental health center programs or local inpatient
				facilities;
(c) is so disorganized
				by mental illness that the individual is unable to appropriately care for a
				medical condition other than mental illness, which places the individual in a
				life threatening situation; or
(d)
				is suffering from an acute exacerbation of mental illness which renders the
				individual unable, even with intensive supports, to maintain a level of
				functioning which is sufficiently high so as to allow the individual to remain
				in the community, and which would predictably require more than 14 days of
				inpatient care to stabilize.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.66 - MENTAL HEALTH INPATIENT FACILITIES › Subchapter 37.66.3 - Voluntary Admissions To Montana State Hospital › Rule 37.66.316 - RELEASE OF CONFIDENTIAL RECORDS

Current through Register Vol. 13, July 5, 2024
(1) All
				information obtained and records prepared in the course of a state mental
				health facility providing service are confidential and privileged. Information
				and records may be disclosed to qualified personnel for the purpose of
				conducting scientific or genealogical research, but such personnel may not
				identify, directly or indirectly, any individual patient in any report of such
				research, or otherwise disclose patient identities in any manner.
(2) Consent of the patient is required in
				order to release information or records concerning an individual who is
				currently
an inpatient or who has been discharged within the 12
				  previous months. In the case of a patient who has been adjudicated
				  incapacitated, any consent which is required under these rules may be given by
				  the guardian or other person authorized under state law to act in the patient's
				  behalf. If a written consent is needed to disclose information identifying a
				  deceased patient, that consent may be given by an executor, administrator, or
				  other personal representative appointed under applicable state law. If there is
				  no such appointment, the consent may be given by the patient's spouse, or, if
				  none, by any responsible member of the patient's family.
(3) Patient identifying information may be
				disclosed for the purpose of conducting research if the department director or,
				for records in state archives, the state archivist, makes a determination that
				the recipient of the patient identifying information:
(a) is qualified to conduct the research, as
				determined from the recipient's application for authorization of
				confidentiality;
(b) signs an oath
				of confidentiality; and
(c) agrees
				in writing to:
(i) maintain copies of the
				patient identifying information in accordance with security
				requirements;
(ii) destroy or
				deposit with the state archives all copies of the patient identifying
				information upon completion of the research. All information deposited with the
				state archives will be subject to retention rules of that agency.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.70 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Subchapter 37.70.1 - General Program Administration › Rule 37.70.101 - SAFEGUARDING/SHARING INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) Disclosing
				information about applicants for or recipients of low income home energy
				assistance is restricted to purposes directly connected with the administration
				of such aid. Such purposes include establishing eligibility, determining amount
				of assistance, and providing benefits to or on behalf of applicants and
				recipients.
(a) Proper requests for
				information from a government authority, a court, or a law enforcement agency
				will be honored and the information released along with a notification of the
				confidentiality of the information and the penalty for misuse of such
				information.
(b) Whenever possible,
				the department will attempt to obtain prior consent from the applicant or
				recipient to release information about the applicant or recipient. Notification
				will be provided after release of information in the following situations:
				emergency situations; cases where the information is released for legal and
				investigative actions concerning fraud; collection of support, and third party
				medical recovery.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.70 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Subchapter 37.70.1 - General Program Administration › Rule 37.70.102 - ROLE OF THE LOCAL CONTRACTOR

Current through Register Vol. 13, July 5, 2024
(1) The
				department will contract with appropriate community-based organizations in the
				state to provide outreach and to receive and process applications for the low
				income home energy assistance and weatherization programs.
(a) In providing outreach, the local
				contractor performs specified activities designed to inform all potentially
				eligible households in the contract area of the existence of and the benefits
				available under the low income home energy assistance program.
(b) In receiving and processing applications,
				the local contractor determines household eligibility and benefit award under
				the rules contained in this chapter. An application for low income home energy
				assistance may also constitute an application for weatherization.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.70 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Subchapter 37.70.1 - General Program Administration › Rule 37.70.106 - FAIR HEARINGS

Current through Register Vol. 13, July 5, 2024
(1) Any
				applicant/recipient who is aggrieved by an adverse department action as defined
				in ARM 37.5.304 may request a fair
				hearing as provided in ARM
				37.5.307. Fair hearings and
				appeals of fair hearing decisions shall be conducted as provided in ARM
				37.5.313,
				37.5.318,
				37.5.322,
				37.5.325,
				37.5.328,
				37.5.331 and
				37.5.334.
(2) It is the responsibility of the
				department through the local contractor to inform every applicant/recipient in
				writing at the time of application and at the time any action affects his
				benefits of the right to request a fair hearing.
Sec.
					 53-2-201,
					 MCA; IMP, Sec.
					 53-2-201,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.70 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Subchapter 37.70.1 - General Program Administration › Rule 37.70.107 - REFERRALS TO THE OFFICE OF INSPECTOR GENERAL, PROGRAM COMPLIANCE BUREAU

Current through Register Vol. 13, July 5, 2024
(1) The Office of Inspector General, Program
				Compliance Bureau (PCB), has the power and duty to:
(a) investigate matters relating to LIHEAP
				including applications, awards of benefits, and information received relating
				to an application;
(b) determine,
				based on the evidence gathered, whether an overpayment of benefits has
				occurred; and
(c) determine whether
				the overpayment was due to:
(i) a false or
				misleading statement or a misrepresentation, concealment, or withholding of
				facts; or
(ii) any other action
				intended to mislead, misrepresent, conceal, or withhold
				facts.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.70 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Subchapter 37.70.1 - General Program Administration › Rule 37.70.110 - FRAUD/TRANSFER OF RESOURCES

Current through Register Vol. 13, July 5, 2024
(1) A person who
				knowingly obtains LIHEAP benefits to which he or she is not entitled by means
				of a purposely or knowingly false statement, representation, impersonation, or
				other fraudulent device is guilty of theft as provided in
				45-6-301, MCA, and is ineligible
				for assistance for the entire current heating season.
(2) Resale or transfer of benefits to another
				person is expressly prohibited.
(3)
				Fuel vendors may not retain benefits of households who have discontinued
				service.
(4) Fuel assistance will
				not be granted to a person who has deprived himself or herself, directly or
				indirectly, of any resources for the purpose of qualifying for assistance. A
				person who has transferred resources or interest in resources within one year
				of application without receiving adequate consideration in money or money's
				worth will be presumed to have made such transfer for the purpose of qualifying
				for assistance.
(a) A person may submit
				evidence that he or she did not make the transfer of resources to qualify for
				LIHEAP benefits.
(b) It is the
				responsibility of the person to submit this evidence.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.70 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Subchapter 37.70.1 - General Program Administration › Rule 37.70.115 - UNDERPAYMENTS AND OVERPAYMENTS

Current through Register Vol. 13, July 5, 2024
(1) When it is
				discovered that an administrative error resulted in an underpayment of LIHEAP
				benefits, it may be corrected by increasing the benefit award to cover the
				underpayment.
(a) For purposes of determining
				financial eligibility, such retroactive corrective payments will not be
				considered as income.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.70 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Subchapter 37.70.3 - Application and Eligibility Determination › Rule 37.70.301 - INTERVIEWS REQUIRED AND CONTENT OF INTERVIEWS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 53-2-201,
					 MCA; IMP, Sec.
					 53-2-201,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.70 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Subchapter 37.70.3 - Application and Eligibility Determination › Rule 37.70.304 - APPLICATIONS TO BE VOLUNTARY

Current through Register Vol. 13, July 5, 2024
(1) Applications
				must be voluntary and initiated by the person in need, except an application
				may be made by a third party when the physical or mental condition of the
				person in need precludes his ability to make application himself.
53-2-201,
					 MCA; IMP,
					 53-2-201,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.70 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Subchapter 37.70.3 - Application and Eligibility Determination › Rule 37.70.310 - INVESTIGATION OF ELIGIBILITY

Current through Register Vol. 13, July 5, 2024
(1)
				Investigations of eligibility will include securing information from the person
				applying for or receiving benefits and such other investigation as may be
				determined necessary by the department.
(a)
				Each application for assistance will be promptly and thoroughly investigated by
				a staff member of the local contractor. If a case is picked for quality control
				review, the client must cooperate or be subject to reduced, suspended, or
				terminated benefits.