reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.1 - Area Agencies on Aging › Rule 37.41.108 - DESIGNATION OF AREA AGENCIES

Current through Register Vol. 13, July 5, 2024
(1) The
				division may designate as an area agency in a planning and service area an
				entity which demonstrates its ability to:
(a)
				develop and administer an area plan for a comprehensive and coordinated system
				of services; and
(b) serve as the
				advocate and focal point for older persons in the planning and service
				area.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.1 - Area Agencies on Aging › Rule 37.41.109 - DIVISION AGING SERVICES HEARING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1)
				A designated area agency is entitled to a hearing if it is aggrieved by an
				adverse department determination which:
(a)
				disapproves a plan or plan amendment submitted by the agency;
(b) disapproves an area plan for failure to
				comply substantially with the requirements of the act or manual; or
(c) withdraws the agency's
				designation.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.1 - Area Agencies on Aging › Rule 37.41.110 - FUNCTIONS OF AREA AGENCY

Current through Register Vol. 13, July 5, 2024
An area agency shall:
(1) develop and administer an area plan for a
				comprehensive and coordinated delivery system in a planning and service
				area;
(2) assess the kinds and
				levels of services needed by older persons in the planning and service
				area;
(3) enter into subgrants or
				contracts to provide all services under the plan, except as provided under ARM
				37.41.121;
(4) provide technical assistance, monitor,
				and quarterly evaluate the performance of all service providers under the
				plan;
(5) coordinate the
				administration of its plan with other federal, state and local
				resources;
(6) establish an
				advisory council as required by ARM
				37.41.116;
(7) assure that older persons in the planning
				and service area have access to information and referral services;
(8) divide the entire planning and service
				area into community service areas and designate community focal
				points;
(9) provide outreach
				efforts to identify older persons and inform them of the availability of
				services under the plan; and
(10)
				develop and publish a manual of methods it uses to establish priorities for
				services and provide a copy of the manual to each service provider in the
				planning and service area.
Sec.
					 53-5-606,
					 MCA; IMP, Sec.
					 53-5-602
					 and
					 53-5-604,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.1 - Area Agencies on Aging › Rule 37.41.116 - AREA AGENCY ADVISORY COUNCIL

Current through Register Vol. 13, July 5, 2024
(1) An area
				agency shall establish an advisory council to advise the agency in:
(a) development and administration of the
				area plan;
(b) conducting public
				hearings;
(c) representing the
				interests of older persons; and
(d)
				reviewing and commenting on all community policies and programs which affect
				older persons.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.1 - Area Agencies on Aging › Rule 37.41.117 - AREA PLAN CONTENT

Current through Register Vol. 13, July 5, 2024
(1) An area plan
				shall provide for a comprehensive and coordinated delivery system.
(2) An area plan shall demonstrate how the
				area agency will meet functions required by ARM
				37.41.110.
(3) An area plan shall provide that:
(a) services are provided as provided in ARM
				37.41.120;
(b) any existing state and local licensure
				requirements for the provision of services are met.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.1 - Area Agencies on Aging › Rule 37.41.118 - AREA PLAN REVIEW

Current through Register Vol. 13, July 5, 2024
The area agency shall:
(1) hold a public hearing on the area plan
				and any amendments to the area plan;
(2) give at least 14 days notice to older
				persons, public officials and other interested parties of the times, dates, and
				locations of the public hearings; and
(3) submit the area plan and amendments to:
(a) the area advisory council for review and
				comment;
(b) the state grant
				clearinghouse in the governor's office of budget and program planning for
				review and comment;
(c) the
				division for approval.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.1 - Area Agencies on Aging › Rule 37.41.119 - AREA PLAN, APPROVAL/DISAPPROVAL

Current through Register Vol. 13, July 5, 2024
(1) The
				division shall approve an area plan or amendments which meet the requirements
				of the act.
(2) The division shall
				follow the procedures in ARM
				37.41.109 to terminate an area
				plan or area agency designation if the division:
(a) finds that an area plan is
				unapprovable;
(b) proposes to
				terminate the designation of an area agency; or
(c) finds that the provisions or
				administration of an approved area plan no longer substantially comply with the
				requirements of the act.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.1 - Area Agencies on Aging › Rule 37.41.120 - AREA PLAN, AMENDMENT/DEVELOPMENT

Current through Register Vol. 13, July 5, 2024
An area agency shall:
(1) amend the area plan if:
(a) a new or amended state or federal statute
				or regulation requires a new provision or conflicts with any existing plan
				provision;
(b) local law,
				organization, policy or agency operation changes and is no longer accurately
				reflected in the area plan;
(c) the
				area agency proposes to add, change, or delete any area plan provisions;
				or,
(d) the division requires
				further annual amendments;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.1 - Area Agencies on Aging › Rule 37.41.121 - DIRECT PROVISION OF SERVICES BY AN AREA AGENCY

Current through Register Vol. 13, July 5, 2024
(1) The area agency shall use subgrants or
				contracts with service providers to provide all services under the act unless
				the division decides that direct provision of a service by the area agency is
				necessary to assure an adequate supply of the service.
(2) The area agency may directly provide
				information and referral, outreach, advocacy, program development,
				coordination, individual needs assessment and case management services if the
				division decides that the area agency can perform the services more effectively
				and efficiently than any other agency in the planning and service
				area.
(3) For all other services
				funded under the act, the division may allow the area agency to directly
				provide services in the planning and service area if no other agency can and
				will provide the service.
(4) The
				area agency may plan, coordinate and provide services funded under other
				programs if:
(a) it does not use funds under
				the act for those services; and
(b)
				it continues to meet all its area agency responsibilities.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.1 - Area Agencies on Aging › Rule 37.41.122 - AREA AGENCY, FUNDS TERMINATION

Current through Register Vol. 13, July 5, 2024
The division shall withhold further payments to an area
				  agency when the division, after notice and opportunity for a hearing required
				  in ARM 37.41.109, finds that:
(1) the area agency does not meet the
				requirements of the act;
(2) the
				area plan or plan amendment is not approvable; or,
(3) there is failure in the provisions or
				administration of an approved area plan to comply with any provision of the
				act.
Sec.
					 53-5-606,
					 MCA; IMP, Sec.
					 53-5-602
					 and
					 53-5-604,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.1 - Area Agencies on Aging › Rule 37.41.130 - SERVICE CONTINUATION BY DIVISION

Current through Register Vol. 13, July 5, 2024
(1)
				If the division terminates funding under ARM
				37.41.122, it shall:
(a) notify the administration on
				aging;
(b) provide a plan for the
				continuity of services in the planning and service area; and
(c) designate a new area agency in the
				planning and service area.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.1 - Area Agencies on Aging › Rule 37.41.131 - CONTRIBUTIONS FOR SERVICES

Current through Register Vol. 13, July 5, 2024
(1) The area agency
				shall require each service provider under the area plan to:
(a) give each older person who receives a
				service information about the cost of the service;
(b) give each older person an opportunity to
				contribute to part or all of the cost of the service;
(c) inform each older person that he may
				decide freely whether or not to contribute and how much;
(d) protect the privacy of each older person
				with respect to his contribution;
(e) have procedures to safeguard and account
				for all contributions;
(f) use all
				contributions to expand the services of the provider under the act;
				and
(g) use all contributions for
				nutrition services to increase the number of meals served.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.1 - Area Agencies on Aging › Rule 37.41.132 - PROVISION OF CONGREGATE NUTRITION SERVICES

Current through Register Vol. 13, July 5, 2024
(1) An area agency may award nutrition
				services funds only to a nutrition services provider which:
(a) provides congregate nutrition
				services;
(b) provides home
				delivered nutrition services directly or by contract;
(c) agrees to coordinate its activities with,
				and provide some meals at, the community focal point; and
(d) meets the relevant requirements of ARM
				37.41.301 through
				37.41.306.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.1 - Area Agencies on Aging › Rule 37.41.133 - FOOD DISTRIBUTION RATIOS

Current through Register Vol. 13, July 5, 2024
(1) The
				division shall distribute all food, cash or a combination of food and cash
				received from the United States department of agriculture through area agencies
				to nutrition service providers based on each provider's proportion of the total
				number of meals served in the state under the Older Americans Act.
Sec.
					 53-2-201
					 and
					 53-6-402,
					 MCA; IMP, Sec.
					 53-2-201
					 and
					 53-6-402,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.2 - Senior Farmers' Market Nutrition Program › Rule 37.41.201 - SENIOR FARMERS' MARKET NUTRITION PROGRAM (SFMNP): PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of
				this subchapter is to provide a framework under which the department
				administers the SFMNP enacted under Section 4402 of the Farm Security and Rural
				Investment Act of 2002, codified at
				7 U.S.C.
				3007, and operated by the United States
				Department of Agriculture under the authority granted to it through 7 CFR
				249.
AUTH:
					 52-1-103,
					 52-3-504,
					 MCA IMP:
					 52-3-102,
					 52-3-505,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.2 - Senior Farmers' Market Nutrition Program › Rule 37.41.205 - SENIOR FARMERS' MARKET NUTRITION PROGRAM (SFMNP): PARTICIPANT ELIGIBILITY AND BENEFITS

Current through Register Vol. 13, July 5, 2024
(1) A participant
				will be considered eligible for the SFMNP if the following criteria are met:
(a) the participant is a senior defined in
				ARM 37.41.202;
(b) the participant
				income is at or below 185% of the annual federal poverty level;
(c) the participant resides within the local
				agency area contracted to service the SFMNP;
(d) the participant submits a completed
				current year's application through the contracted local agency in their area;
				and
(e) the participant agrees to
				follow the terms and conditions of the signed participant application which
				then becomes the agreement.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.2 - Senior Farmers' Market Nutrition Program › Rule 37.41.206 - SENIOR FARMERS' MARKET NUTRITION PROGRAM (SFMNP): FARMER ELIGIBILITY AND PARTICIPATION

Current through Register Vol. 13, July 5, 2024
(1) Only authorized
				farmers may accept SFMNP coupons in exchange for eligible foods.
(2) In order to be eligible for participation
				in the SFMNP, a farmer applicant must:
(a)
				complete or renew the farmer agreement provided by the department;
(b) agree to follow the terms and conditions
				in the farmer agreement; and
(c)
				complete the initial and annual SFMNP training provided by the department in
				accordance with
				7 CFR
				249.10.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.2 - Senior Farmers' Market Nutrition Program › Rule 37.41.207 - SENIOR FARMERS' MARKET NUTRITION PROGRAM (SFMNP): FARMER PARTICIPATION REQUIREMENTS AND VIOLATIONS

Current through Register Vol. 13, July 5, 2024
(1) An authorized
				farmer must comply with SFMNP requirements contained in the terms and
				conditions of the farmer agreement and 7 CFR 249.
(2) A farmer is in violation of the SFMNP if
				the farmer fails to:
(a) comply with the
				SFMNP and terms and conditions of the farmer agreement as required in ARM
				37.41.206; and
(b) accept the
				initial and annual training on SFMNP requirements provided by the
				department.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.2 - Senior Farmers' Market Nutrition Program › Rule 37.41.208 - SENIOR FARMERS' MARKET NUTRITION PROGRAM (SFMNP): MONITORING OF FARMERS

Current through Register Vol. 13, July 5, 2024
(1) The department
				will conduct monitoring reviews of the operations of randomly selected
				authorized farmers at the designated summer farmers' market locations. The
				annual monitoring review is conducted to determine:
(a) whether the farmer demonstrates ability
				to meet Montana SFMNP requirements, as evidenced by the on-site observations,
				interviews, and third party information during the current agreement;
				and
(b) whether patterns of
				participant use demonstrate compliance with the SFMNP.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.2 - Senior Farmers' Market Nutrition Program › Rule 37.41.211 - SENIOR FARMERS' MARKET NUTRITION PROGRAM (SFMNP): FARMER DISQUALIFICATION AND SANCTIONS

Current through Register Vol. 13, July 5, 2024
(1) Based upon
				outcome of the monitoring as defined in ARM 37.41.208, the department may take
				an adverse action against the farmer, including disqualification of the farmer
				from participation in the program.
(2) A written warning may be issued for a
				first violation of the following:
(a)
				noncompliance with SFMNP rules and procedures as outlined in the farmer
				agreement not specifically listed as a violation;
(b) refusal to accept valid coupons for
				eligible produce;
(c) failure to
				permit or comply with procedures regarding on-site monitoring visits;
(d) charging participants a price for an item
				that is greater than that charged to nonparticipants;
(e) charging for items not received;
				or
(f) accepting coupons after the
				end of the summer market season.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.2 - Senior Farmers' Market Nutrition Program › Rule 37.41.212 - SENIOR FARMERS' MARKET NUTRITION PROGRAM (SFMNP): MONITORING, REVIEW, AND DISQUALIFICATION OF LOCAL AGENCIES

Current through Register Vol. 13, July 5, 2024
(1) The department
				will conduct on-site monitoring reviews of the qualifications of authorized
				local agencies. In conducting such reviews, the department will consider the
				program's history of prior program compliance. On-site review will be conducted
				to determine program compliance and may include:
(a) a file review of ten percent or more of
				completed participant applications;
(b) review of procedures for secure storage
				of coupons, participant agreements, and other documents with identifying
				information;
(c) review of
				procedures and documentation of coupon distribution, accountability, and
				redemption.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.2 - Senior Farmers' Market Nutrition Program › Rule 37.41.213 - SENIOR FARMERS' MARKET NUTRITION PROGRAM (SFMNP): APPEALS BY PARTICIPANTS, FARMERS, AND LOCAL AGENCIES

Current through Register Vol. 13, July 5, 2024
(1) A participant
				who is denied participation or been disqualified from the program by the local
				agency may request a fair hearing before the department in accordance with ARM
				37.41.214 and
				7 CFR
				249.16.
(2) Expiration of the participant application
				or disqualification of the application due to ineligibility as the result of
				age, income, or insufficient program funds as established by
				7 CFR
				249.6 is not subject to appeal.
(3) A local agency or farmer may request a
				fair hearing before the department if:
(a)
				they are denied participation;
(b)
				they are disqualified during the current valid written agreement; or
(c) their participation is otherwise
				adversely affected.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.2 - Senior Farmers' Market Nutrition Program › Rule 37.41.214 - SENIOR FARMERS' MARKET NUTRITION PROGRAM (SFMNP): FAIR HEARING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) A designated
				local agency, farmer, or participant is entitled to a hearing if they are
				aggrieved by an adverse department determination which:
(a) results in a denial of an application or
				agreement by the local or state agency; or
(b) results in a revocation or correction
				plan for failure to comply substantially with the requirements of the
				application or agreement.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.3 - Nutrition Services › Rule 37.41.301 - NUTRITION SERVICES, ELIGIBILITY

Current through Register Vol. 13, July 5, 2024
(1)
				Eligibility for congregate nutrition services will be determined as follows:
(a) a person will be considered for
				eligibility if a member of one of the following categories:
(i) a person aged 60 years or
				older;
(ii) the spouse of a person
				aged 60 years or older regardless of that spouse's age;
(iii) a handicapped or disabled non-elderly
				person residing in a housing facility occupied primarily by elderly persons and
				at which congregate nutrition services are provided; or
(iv) a person providing volunteer services to
				a congregate nutrition service provider during meal hours.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.3 - Nutrition Services › Rule 37.41.302 - NUTRITION SERVICES, DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1)
				"Congregate meals" means those meals served in a group setting at a selected
				site that has the seating and dining furniture necessary for service of meals
				family style, restaurant style or cafeteria style.
(2) "Home delivered meals" means those meals
				transported from a preparation site to persons in their residences and is
				inclusive of those programs commonly known as meals on wheels. (3) "Nutrition
				service provider" means a non-profit corporation or public agency providing, on
				a regular basis, congregate or home delivered meals to elderly or other adult
				persons who, due to age, handicaps, etc., are unable to provide themselves with
				regular meals.
Sec.
					 53-2-201
					 and
					 53-6-402,
					 MCA; IMP, Sec.
					 53-2-201
					 and
					 53-6-402,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.3 - Nutrition Services › Rule 37.41.306 - NUTRITION SERVICES, FOOD REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				The nutrition service provider shall ensure that:
(a) procedures are used which preserve
				nutritional value and food safety in the purchase and preparation of food and
				delivery of meals;
(b) appropriate
				food containers and necessary utensils are used for blind and handicapped
				persons;
(c) no food prepared or
				canned in the home way may be used in meals provided by providers. Only
				commercially processed, canned food may be used;
(d) hot transported food be at 140 E F or
				above from time of final food preparation to completion of serving;
(e) cold food be maintained at 45 E F or
				below from time of initial service to completion of service; and
(f) all food transported to sites is
				considered "leftover", except unopened pre-packaged food, and food remaining at
				the meal site or main food preparation center be thrown away.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.3 - Nutrition Services › Rule 37.41.307 - NUTRITION SERVICES, GENERAL PROVIDER REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A nutrition service provider shall:
(a) accept and use any United States
				department of agriculture food made available to it;
(b) assure arrangement for the appropriate
				transportation, storage and use of the food;
(c) assist older persons to take advantage of
				benefits available to them under the food stamp program;
(d) coordinate its activities with agencies
				responsible for administering the food stamp program;
(e) comply with all state and local
				sanitation and safety regulations applicable to food preparation, delivery, and
				serving; and
(f) provide persons
				with nutrition education information that promotes improved food selection,
				better eating habits and other health and nutrition related
				practices.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.3 - Nutrition Services › Rule 37.41.308 - CONGREGATE NUTRITION SERVICES, PROVIDER REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The nutrition service provider shall
				provide:
(a) a hot or other appropriate meal
				in a congregate setting at least once a day, 5 or more days a week;
(b) services as close as possible to the
				majority of eligible older persons;
(c) preference to community facilities when
				locating a congregate site;
(d) to
				all staff working in the preparation of food, supervision by a person who will
				ensure the application of hygiene techniques and practices in food handling
				preparation and service;
(e)
				training by qualified personnel in sanitation, food preparation, and portion
				control for all paid and volunteer staff who prepare, handle and serve
				food;
(f) at least semi-annual
				review of the menus used and when the menus are completely changed by a
				registered dietician, to assure that compliance with ARM
				37.41.306(3) is
				met. It is recommended that a cycle menu be used to assure such
				compliance;
(g) that development
				and analysis of menus be the responsibility of a qualified
				dietician/nutritionist; and
(h)
				that menus and menu analyses be maintained for audit purposes on file for 3
				years.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.41 - AGING SERVICES › Subchapter 37.41.3 - Nutrition Services › Rule 37.41.315 - HOME DELIVERED NUTRITION SERVICES, PROVIDER REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Nutrition service providers who provide
				home delivered meals shall:
(a) provide for
				home delivered meals at least once a day, 5 or more days a week;
(b) provide meals with a satisfactory storage
				life;
(c) with the consent of the
				older person, or his representative, bring to the attention of appropriate
				officials for follow-up, conditions or circumstances which place the older
				person or the household in imminent danger;
(d) where feasible and appropriate, make
				arrangements for the availability of meals to older persons in weather-related
				emergencies; and
(e) make at least
				an annual written evaluation of each recipient in order to re-evaluate the need
				for the continuation of home delivered meals.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.43 - SUPPLEMENTAL SECURITY INCOME PAYMENTS › Subchapter 37.43.1 - Supplemental Payments to Recipients of Supplemental Security Income › Rule 37.43.101 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) A supplemental payment may be made by the
				state to recipients of supplemental security income for the aged, blind, or
				disabled under Title XVI of the Social Security Act of the United States as
				amended ( 42 USC 1300 et seq.). The purpose of the supplemental payment is to
				enhance the recipient's ability to be as self-sufficient as possible and to be
				integrated into the social life of the community. The payment is intended to
				provide for the basic living needs of recipients who, due to social, physical
				and environmental factors, cannot currently live independent from special
				programs and facilities as defined in ARM
				37.43.103.
Sec.
					 53-2-201,
					 MCA; IMP, Sec.
					 53-2-204,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.43 - SUPPLEMENTAL SECURITY INCOME PAYMENTS › Subchapter 37.43.1 - Supplemental Payments to Recipients of Supplemental Security Income › Rule 37.43.102 - INDIVIDUAL ELIGIBILITY FOR STATE SUPPLEMENT

Current through Register Vol. 13, July 5, 2024
(1) Aged, blind and disabled persons residing
				in Montana who were, for December, 1973, recipients of assistance or had filed
				an application and were otherwise eligible for assistance under a state plan
				approved by the federal government for Title I, X, XIV or XVI of the Social
				Security Act, are eligible for mandatory state supplemental payments as
				required by sections 211 and 212 of P.L. 93-66 and by P.L. 93-233.
(a) Eligibility for mandatory state
				supplemental payments is subject to the limitations of
				20 CFR
				416.2040 which describes limitations on
				eligibility. The department hereby adopts and incorporates by reference
				20 CFR
				416.2040. A copy of the incorporated
				regulation may be obtained from the Department of Public Health and Human
				Services, Senior and Long Term Care Division, P.O. Box 4210, Helena, Montana
				59604-4210.
(b) The amount of
				mandatory state supplement to be provided is determined in accordance with
				20 CFR
				416.2050,
				416.2055,
				416.2060,
				416.2065,
				416.2070,
				416.2085 and
				416.2097
				which are federal regulations governing payments under state supplemental
				programs. The department hereby adopts and incorporates by reference the above
				cited sections. A copy of the above cited regulations may be obtained from the
				Department of Public Health and Human Services, Senior and Long Term Care
				Division, P.O. Box 4210, Helena, Montana 59604-4210.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.43 - SUPPLEMENTAL SECURITY INCOME PAYMENTS › Subchapter 37.43.1 - Supplemental Payments to Recipients of Supplemental Security Income › Rule 37.43.103 - ELIGIBILITY BASED ON LIVING ARRANGEMENT

Current through Register Vol. 13, July 5, 2024
(1)
				In order for an individual to receive a state supplement, that individual must
				be a resident of one of the residential types of service facilities specified
				and defined in this rule.
(a) Personal care
				facilities defined by
				50-5-101(19)
				(e),
				50-5-225
				and
				50-5-226,
				MCA, and licensed by the department of public health and human services in
				accordance with
				50-5-227,
				MCA, and ARM 16.32.380 through 16.32.388 and which for the purposes of this
				rule the department of public health and human services determines:
(i) provide personal care to five or more
				persons;
(ii) provide 24 hour
				on-duty personal care services that include all of the following:
(A) three nutritious meals daily served in a
				family setting or separate dining area;
(B) washing and drying of personal clothes
				and linens with such frequency as to provide for proper hygiene;
(C) protective oversight of residents meaning
				enhancement of their ability to live in and be integrated into the community
				and includes recreational activities, social activities, and assurance that
				individual needs are met;
(D)
				transportation to medical, social, therapeutic, church and other
				activities;
(E) preparation of
				special diets if required by the physician; and
(F) assistance with personal daily living
				activities as needed, e.g., eating, dressing, shaving, hair care, bathing, and
				getting in and out of bed.
(iii) provide to the department of public
				health and human services information and documentation as requested to
				implement the supplemental payment.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.43 - SUPPLEMENTAL SECURITY INCOME PAYMENTS › Subchapter 37.43.1 - Supplemental Payments to Recipients of Supplemental Security Income › Rule 37.43.104 - PAYMENT STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) The department
				of public health and human services has set the following monthly maximum
				payment standards of state supplement per client for each of the five
				facilities listed in ARM
				37.43.103:
(a) personal care facilities -
				$94.00;
(b) community homes for the
				developmentally disabled - $94.00;
(c) group homes for the mentally disabled -
				$94.00;
(d) community homes for the
				severely disabled - $94.00;
(e)
				foster care homes - $52.75;
(f)
				transitional living services to developmentally disabled - $26.00.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.45 - VETERANS' FACILITIES › Subchapter 37.45.1 - General Requirements › Rule 37.45.101 - MISSION STATEMENT

Current through Register Vol. 13, July 5, 2024
(1) The Montana
				veterans' home, located at Columbia Falls, is a state operated facility which
				provides a home for honorably discharged veterans of the armed forces of the
				United States and the spouses of honorably discharged veterans. The Montana
				veterans' home provides intermediate nursing care and domiciliary care. All
				admissions are by voluntary application. Residents of the Montana veterans home
				are assessed charges for their care according to their ability to
				pay.
Sec.
					 10-2-403,
					 MCA; IMP, Sec.
					 10-2-403,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.45 - VETERANS' FACILITIES › Subchapter 37.45.1 - General Requirements › Rule 37.45.102 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) For the purpose of interpreting these
				rules, the following definitions apply:
(a)
				"Veteran" means a person who served in the active military service and who was
				discharged with an honorable discharge.
(b) "Spouse" means a person who is legally
				married to a veteran.
(c)
				"Surviving spouse" means a person who was legally married to a veteran, who is
				the widow or widower of that veteran and who has not remarried.
(d) "Applicant" means a veteran, a spouse, a
				surviving spouse, or a married couple, one member of which is a qualified
				veteran, who is seeking admission to the Montana veterans' home or for whom
				admission is sought by a court appointed legal guardian.
(e) "Intermediate nursing care" means the
				provision of nursing care services, health-related services and social services
				under the supervision of a licensed nurse to patients not requiring 24 hour
				nursing care.
(f) "Domiciliary
				care" means the provision of services and care which do not require nursing
				skills to residents needing some assistance in performing the activities of
				daily living.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.45 - VETERANS' FACILITIES › Subchapter 37.45.2 - Admission Procedures › Rule 37.45.201 - ADMISSION CRITERIA

Current through Register Vol. 13, July 5, 2024
(1) Eligibility for
				admission to the Montana veterans' home 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 admitted to the Montana veterans'
				home, an applicant must:
(a) be a veteran,
				spouse, or surviving spouse;
(b) be
				55 years of age or, if younger than 55, an invalid and/or unable to earn a
				livelihood;
(c) meet medical and
				physical requirements for intermediate nursing care or domiciliary
				care;
(d) have the mental status
				necessary to function in a manner conducive to the safety and comfort of
				residents and staff.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.45 - VETERANS' FACILITIES › Subchapter 37.45.2 - Admission Procedures › Rule 37.45.205 - APPLICATION PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) To be
				considered for admission, the following documents must be submitted by the
				applicant to the superintendent of the Montana veterans = home:
(a) a completed application form which
				includes a request for admission to either intermediate or domiciliary
				care;
(b) documentation of
				honorable discharge from the armed forces of the United States;
(c) proof of marriage to a veteran, if a
				spouse or surviving spouse; and
(d)
				a medical history, including the results of a comprehensive medical evaluation
				conducted no more than 60 days prior to the date of application.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.45 - VETERANS' FACILITIES › Subchapter 37.45.2 - Admission Procedures › Rule 37.45.206 - APPLICATION MATERIALS

Current through Register Vol. 13, July 5, 2024
(1) Application
				forms are available from the Superintendent, Montana Veterans' Home, Columbia
				Falls, MT 59912.
Sec.
					 10-2-403,
					 MCA; IMP, Sec.
					 10-2-403,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.45 - VETERANS' FACILITIES › Subchapter 37.45.2 - Admission Procedures › Rule 37.45.207 - ADMISSION 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
				immediately if there is a bed available which:
(a) provides the level of care required by
				the applicant; and
(b) is
				appropriate for a person of the applicant's sex.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.45 - VETERANS' FACILITIES › Subchapter 37.45.3 - Discharge Procedures › Rule 37.45.301 - DISCHARGE

Current through Register Vol. 13, July 5, 2024
(1) Residents of the Montana veterans = home
				will be discharged upon request of the resident or his or her legal guardian.
				The superintendent may discharge a resident for serious violations of the
				Montana veterans' home rules and regulations.
Sec.
					 10-2-403,
					 MCA; IMP, Sec.
					 10-2-403,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.45 - VETERANS' FACILITIES › Subchapter 37.45.5 - Appeal Procedures › Rule 37.45.501 - APPEAL PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) Applicants who
				are denied admission may appeal that decision 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, Montana
				59604-4210, 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.
Sec.
					 10-2-403,
					 MCA; IMP, Sec.
					 10-2-403,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.1 - Adult Protective Services › Rule 37.47.101 - ADULT PROTECTIVE SERVICES: PURPOSE

Current through Register Vol. 13, July 5, 2024
(1)
				Adult protective services are services intended to reduce or remove the risk of
				physical or mental harm that has occurred or is occurring to a vulnerable
				adult, as a result of abuse, neglect, or exploitation.
AUTH:
					 52-3-205,
					 52-3-802,
					 MCA; IMP:
					 52-3-205,
					 52-3-804,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.1 - Adult Protective Services › Rule 37.47.102 - ADULT PROTECTIVE SERVICES: DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in this subchapter, the following definitions
				  apply:
(1) "Aged person" means a
				person 60 years of age or older.
(2) "Department" means the department of
				public health and human services.
(3) "Disabled adult" means a person 18
				through 59 years of age who is defined as disabled pursuant to
				53-19-102,
				MCA, or who is a person with developmental or intellectual disabilities, as
				defined in
				53-20-102,
				MCA, or who is determined to be:
(a) disabled
				by the Social Security Administration;
(b) fully disabled by the Veterans'
				Administration;
(c) disabled by the
				department's Vocational Rehabilitation Division;
(d) adjudicated disabled by a court of
				competent jurisdiction;
(e)
				eligible for the medically needy program, as set forth in ARM
				37.82.1107,
				because of disability; or
(f)
				intellectually disabled as determined by the department as defined by
				53-20-102,
				MCA.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.1 - Adult Protective Services › Rule 37.47.106 - ADULT PROTECTIVE SERVICES: AVAILABLE SERVICES

Current through Register Vol. 13, July 5, 2024
(1) Voluntary services include, but are not
				limited to:
(a) identifying persons needing
				protective services through referrals;
(b) investigating referrals and identifying
				problems to determine extent and type of services needed;
(c) assisting in locating behavioral health
				services for the individual and family;
(d) assisting in locating appropriate
				alternative living arrangements or protective placements;
(e) enlisting support and services from
				interested persons or agencies;
(f)
				assisting in arrangement of medical health related services;
(g) assisting in locating legal
				services;
(h) providing advocacy;
				or
(i) assisting in arranging
				services to preserve or enhance the current living arrangement, when desirable,
				in the best interest of the vulnerable adult.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.1 - Adult Protective Services › Rule 37.47.107 - ADULT PROTECTIVE SERVICES, ELIGIBILITY

Current through Register Vol. 13, July 5, 2024
(1) Adult protective services will be
				provided when necessary without regard to income to any vulnerable adult as
				defined in ARM
				37.47.102.
AUTH:
					 52-3-205,
					 52-3-802,
					 MCA; IMP:
					 52-3-205,
					 52-3-804,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.1 - Adult Protective Services › Rule 37.47.111 - ADULT PROTECTIVE SERVICES: OBTAINING SERVICES

Current through Register Vol. 13, July 5, 2024
(1) The Adult Protective Services office of
				the county in which the vulnerable adult resides or is found will investigate
				requests for protective services.
(2) Request for service is accepted from the
				vulnerable adult on their own behalf or from any relative or persons interested
				in the individual's safety and wellbeing.
(3) A request for service may be written,
				electronic, or oral.
AUTH:
					 52-3-205,
					 52-3-802,
					 MCA; IMP:
					 52-3-205,
					 52-3-804,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.3 - Child Protective Services › Rule 37.47.301 - CHILD PROTECTIVE SERVICES: DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-4-201,
					 41-3-208 and
					 52-2-111,
					 MCA; IMP, Sec.
					 41-3-102,
					 41-3-201,
					 41-3-202 and
					 41-3-302,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.3 - Child Protective Services › Rule 37.47.302 - CENTRALIZED INTAKE BUREAU

Current through Register Vol. 13, July 5, 2024
(1) The
				centralized intake (CI) bureau is established within the department and is
				responsible for the operation of the statewide centralized intake system which
				receives all reports of suspected child abuse, neglect or abandonment statewide
				from both mandatory and discretionary reporters 24 hours a day, seven days a
				week.
(2) The department operates a
				child abuse hotline within the CI bureau to receive and screen incoming
				communications.
(3) All reports of
				child abuse or neglect must be made through the child abuse hotline. If a
				person calls, visits or writes a department office other than the child abuse
				hotline to report child abuse or neglect, that department office shall refer
				the person or written communication to the hotline.
Sec.
					 2-4-201
					 and
					 41-3-208,
					 MCA; IMP, Sec.
					 41-3-102,
					 41-3-201,
					 41-3-202 and
					 41-3-302,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.3 - Child Protective Services › Rule 37.47.303 - CHILD ABUSE HOTLINE: REPORT AND SCREENING OF INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) When the child abuse hotline receives an
				incoming communication, the CI specialist will:
(a) ask the caller's identity:
(i) if the caller does not wish to
				self-identify, the CI specialist shall also accept an anonymous call;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.3 - Child Protective Services › Rule 37.47.304 - CHILD PROTECTIVE SERVICES: INVESTIGATIONS REGARDING PERSONS PRESENT IN LICENSED OR REGISTERED FACILITIES OR IN ASSISTANCE OF LAW ENFORCEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 41-3-208 and
					 52-2-111,
					 MCA; IMP, Sec.
					 41-3-102,
					 41-3-202,
					 41-3-302,
					 41-3-1142
					 and
					 52-2-741,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.3 - Child Protective Services › Rule 37.47.305 - DISQUALIFYING CRIMINAL OFFENSE FOR ADULTS RESIDING IN POTENTIAL EMERGENCY PLACEMENT

Current through Register Vol. 13, July 5, 2024
(1) "Disqualifying
				criminal offenses" for adults residing in emergency placements are the same
				criminal offenses set forth for youth foster homes in ARM
				37.51.216(1) and
				45
				CFR 1356.30.
AUTH:
					 41-3-304,
					 MCA; IMP:
					 41-3-304,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.3 - Child Protective Services › Rule 37.47.308 - CHILD PROTECTION SPECIALIST CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) All Child and Family Services Division
				employees who are employed in child-facing employment positions, including
				child protection specialist supervisors and child protection specialists, must
				maintain certification.
(2) All
				division employees in child-facing positions hired after October 1, 2021 must
				successfully complete the training requirements for initial certification in
				their first year of employment.
(3)
				Following the completion of the mandatory training requirements, the division
				employee in a child-facing position must obtain a passing score on a competency
				examination approved by the division administration. An overall score of 80% is
				required for passage of the competency examination.
(a) Any division employee in a child-facing
				position who does not obtain a passing score as outlined above, must meet with
				their direct supervisor and regional training staff to review all relevant
				materials prior to attempting the competency examination again.
(b) Any division employee in a child-facing
				position who does not obtain a passing score on the competency examination
				following a second attempt must meet with the regional administrator and the
				division training development supervisor to review all relevant materials prior
				to attempting the competency examination again.
(c) Following the third unsuccessful attempt
				to obtain a passing score on the competency examination, the progressive
				discipline process through the department's human resources office will be
				utilized.
(d) If an employee hired
				after October 1, 2021 resigns and returns to the division within one year, and
				prior to resignation had completed the required training, the employee may
				choose to take the competency examination without repeating the training
				program.
(e) Current employees who
				were hired prior to October 1, 2021 who have completed training within the
				first year of hire are not required to repeat the training.
(i) Current employees must complete and pass
				the competency examination by October 1, 2023.
(ii) If the employee does not pass the
				competency examination within two attempts, the employee must repeat the
				training program prior to the third attempt.