reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.30 - VOCATIONAL REHABILITATION PROGRAM › Subchapter 37.30.26 - Visual Medical Program › Rule 37.30.2608 - VISUAL MEDICAL PROGRAM: ELIGIBILITY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Eligibility requirements for the visual
				medical program are:
(a) The person has an
				eye condition which needs the attention of an ophthalmologist or optometrist in
				order to prevent blindness, to restore sight or to treat an eye condition due
				to blindness.
(b) The person is not
				otherwise eligible for medical assistance from any other state or federal
				program including the vocational rehabilitation services program.
(c) The person must be financially in need
				due to the anticipated costs of the medical services he is to receive.
(i) A person who is above the cost of living
				standards provided for in ARM 46.10.403, may at the discretion of the
				department receive visual medical services if the costs of the treatment and
				eye care would result in that person's having inadequate financial resources to
				meet the relevant cost of living standards.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.31 - INDEPENDENT LIVING REHABILITATION PROGRAM › Subchapter 37.31.1 - General Requirements › Rule 37.31.101 - INDEPENDENT LIVING REHABILITATION PROGRAM: PURPOSES

Current through Register Vol. 13, July 5, 2024
(1) The independent living program provides
				in accordance with Title VII of the federal Rehabilitation Act of 1973 (
				29 USC
				796 ) comprehensive services to persons with
				severe disabilities to enable them to live and function independently in
				community settings.
(2) The program
				fosters the establishment of centers for independent living in
				communities.
(3) The independent
				living centers also may provide for independent living services designed to
				assist older persons who are blind to adjust to blindness by furthering their
				ability to care for their individual needs.
Sec.
					 53-7-102,
					 53-7-315 and
					 53-19-112,
					 MCA; IMP, Sec.
					 53-7-102,
					 53-7-103,
					 53-7-302,
					 53-19-101,
					 53-19-103
					 and
					 53-19-105,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.31 - INDEPENDENT LIVING REHABILITATION PROGRAM › Subchapter 37.31.2 - Services › Rule 37.31.201 - INDEPENDENT LIVING REHABILITATION PROGRAM: SERVICES

Current through Register Vol. 13, July 5, 2024
(1) Independent living services include
				vocational rehabilitation services and other services that the department
				determines are necessary and will enhance the ability of persons with severe
				disabilities to live independently and to function within a community setting
				and, if appropriate, to secure and maintain appropriate employment.
(2) Independent living services are limited
				to those services specified in Montana's three-year state plan for independent
				living rehabilitation services submitted to and approved by the federal
				government. The Montana three-year state plan for independent living services
				under Title VII of the federal Rehabilitation Act of 1973 (
				29 USC
				796 ) is adopted and incorporated by
				reference and may be obtained from the Department of Public Health and Human
				Services, Disability, Employment, and Transitions Division, P.O. Box 4210,
				Helena, MT 59604-4210.
(3) Services
				may include, but are not limited to:
(a)
				counseling;
(b) services to secure
				housing or shelter including housing adaptation;
(c) physical and mental
				restoration;
(d) transportation
				including transportation training, assistance and referral;
(e) personal assistance, including attendant
				care and the training of personnel providing services;
(f) services and training for persons with
				cognitive and sensory disabilities, including life skills training, and
				interpreter and reader services;
(g) services to family members and
				dependents;
(h) vocational
				assistance and other training;
(i)
				information and referral;
(j)
				services for children with significant disabilities;
(k) advocacy and legal assistance;
(l) independent living skill
				training;
(m) peer counseling,
				including cross-disability peer counseling;
(n) individual and group social and
				recreational activities;
(o)
				outreach and recruitment;
(p)
				mobility training;
(q) therapeutic
				treatment;
(r) rehabilitation
				technology;
(s) surveys,
				directories, and other activities to identify appropriate housing, recreation
				opportunities, and accessible transportation, and other support
				services;
(t) consumer information
				programs on rehabilitation and independent living services especially for
				minorities and other groups of persons that have traditionally been unserved
				and underserved;
(u) prostheses and
				other appliances and devices;
(v)
				training for youth with significant disabilities to promote self-awareness and
				esteem, develop advocacy and self-empowerment skills, and explore career
				options;
(w) appropriate preventive
				services;
(x) community awareness
				programs to enhance the understanding and integration into society of persons
				with disabilities; and
(y) other
				services as may be necessary.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.31 - INDEPENDENT LIVING REHABILITATION PROGRAM › Subchapter 37.31.2 - Services › Rule 37.31.206 - INDEPENDENT LIVING REHABILITATION PROGRAM: PROVISION OF SERVICES

Current through Register Vol. 13, July 5, 2024
(1) The department may, within its
				discretion, provide services to a person who is eligible for the independent
				living program.
(2) Only such
				services as are determined appropriate in accordance with the state plan for
				independent living may be provided to a person accepted for services.
(3) Housing adaptation services are limited
				to accommodations and modifications of a client's home which the department
				determines are necessary to the client's receipt of services.
Sec.
					 53-7-102,
					 53-7-315 and
					 53-19-112,
					 MCA; IMP, Sec.
					 53-7-102,
					 53-7-103,
					 53-7-302,
					 53-19-103,
					 53-19-104
					 and
					 53-19-105,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.31 - INDEPENDENT LIVING REHABILITATION PROGRAM › Subchapter 37.31.4 - Eligibility Requirements › Rule 37.31.401 - INDEPENDENT LIVING REHABILITATION PROGRAM: ELIGIBILITY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Independent living services may be
				provided to a person with severe disabilities if:
(a) the person's ability to function
				independently in the community is limited by the severity of the disability;
				and
(b) the department determines
				that there is a reasonable expectation that the person will benefit from
				independent living services.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.1 - General Requirements › Rule 37.34.101 - PURPOSE OF THE DEVELOPMENTAL DISABILITIES PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) The purpose of the developmental
				disabilities program is to provide quality community-based services in the
				least restrictive environment which promotes the principle of normalization for
				persons who are developmentally disabled.
53-20-204, MCA;
					 IMP,
					 53-20-305,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.1 - General Requirements › Rule 37.34.102 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For purposes of this chapter, the following definitions
				  apply:
(1) "Abuse" means the
				infliction of physical or mental injury or the deprivation of food, shelter,
				clothing or services necessary to maintain the physical or mental health of an
				older person or a person with a developmental disability without lawful
				authority, as described in
				52-3-803,
				MCA. A declaration made pursuant to
				50-9-103,
				MCA constitutes lawful authority.
(2) "Advocate" means a person who:
(a) represents the interests and rights of a
				person receiving services consistent with the person's interests;
(b) is not an employee of any agency directly
				providing services to the person receiving services; and
(c) who is acknowledged by the person
				receiving services to be the person's advocate currently.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.1 - General Requirements › Rule 37.34.105 - EVALUATION SERVICES

Current through Register Vol. 13, July 5, 2024
(1) The division
				must provide for the evaluation of any person eligible for diagnostic and
				evaluation services either through services funded by the department or by
				referral to another agency.
(2)
				Under ARM 37.34.1101 et seq., within 30
				calendar days of the enrollment of a developmentally disabled person in a
				provider service program, with the exception of respite and transportation
				services, the provider must perform a comprehensive skill assessment for that
				person. Each assessment must be reviewed annually by the provider. Results of
				the assessment must be provided to the person's planning team, including the
				person receiving services.
53-20-203,
					 MCA; IMP,
					 53-20-203,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.1 - General Requirements › Rule 37.34.108 - CONFIDENTIALITY OF INFORMATION

Current through Register Vol. 13, July 5, 2024
(1)
				Confidential information, for purposes of this chapter, includes the following
				information about any person applying for or receiving services through the
				developmental disabilities program:
(a) name,
				address, and phone number;
(b) the
				amount or type of services provided;
(c) information related to the social and
				economic conditions or circumstances;
(d) agency evaluation of
				information;
(e) medical data,
				including diagnosis, treatment, and past history of disease or
				disability;
(f) educational,
				training, habilitation or any similar data;
(g) any of the above information pertaining
				to the immediate family members.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.1 - General Requirements › Rule 37.34.109 - GRIEVANCE PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) Providers must
				have a written grievance procedure, approved in writing by the department prior
				to implementation, for resolution of grievances brought by persons receiving
				developmental disabilities services.
(2) The procedure must provide for resolution
				of a grievance within 45 days of receipt of the grievance. Resolution may be
				extended beyond 45 days only with written approval by the department.
(3) The person must exhaust the provider's
				grievance procedure before appeal of the matter may be made to the department
				under the provisions of ARM
				37.5.304,
				37.5.305,
				37.5.307,
				37.5.311,
				37.5.313,
				37.5.316,
				37.5.318,
				37.5.322,
				37.5.325,
				37.5.328,
				37.5.331,
				37.5.334, and
				37.5.337.
(4) Upon entry into a program and annually
				thereafter, the provider must advise the person of their right to present
				grievances. The provider must assist persons, as may be necessary, in utilizing
				the grievance procedure.
53-20-204, MCA;
					 IMP,
					 53-20-205,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.1 - General Requirements › Rule 37.34.113 - CERTIFICATION OF PERSONS ASSISTING IN THE ADMINISTRATION OF MEDICATION: ADOPTION OF THE MEDICATION ADMINISTRATION MANUAL

Current through Register Vol. 13, July 5, 2024
(1) For the purpose of certification of
				persons who supervise or assist in the administration of medication to persons
				through the state- sponsored developmental disabilities services, the
				department has developed and published an instructional and reference aid
				entitled Health and Medication Administration Manual for Individuals with
				Developmental Disabilities: A Self-Paced Study Guide and Reference Manual,
				published and effective October 1, 2009. The department adopts and incorporates
				by reference this manual. Copies may be obtained from the Department of Public
				Health and Human Services, Developmental Disabilities Program, P.O. Box 4210,
				Helena, MT 59604.
53-20-204, MCA;
					 IMP,
					 53-20-204,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.1 - General Requirements › Rule 37.34.114 - CERTIFICATION OF PERSONS ASSISTING IN THE ADMINISTRATION OF MEDICATION

Current through Register Vol. 13, July 5, 2024
(1) This rule establishes criteria and
				procedures under which an employee or an agent of a provider of developmental
				disabilities services responsible for the delivery of direct care may receive
				certification to assist and supervise a person in state-sponsored developmental
				disabilities services in taking prescribed medication.
(2) Assistance and supervision may only be
				given where a medication which is normally self-administered has been
				prescribed for the person and where the medical professional who prescribed the
				medication also prescribed assistance or supervision in the administration of
				the medication.
(3) For the
				purposes of this rule, the following definitions apply:
(a) "Assistance" means providing any degree
				of support or aid to a person who independently performs at least one component
				of medication-taking behavior.
(b)
				"Supervision" means critically observing and directing a person engaged in
				medication-taking behavior.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.2 - Eligibility › Rule 37.34.201 - ELIGIBILITY: GENERAL ELIGIBILITY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A person, in order to be considered for
				placement into a developmental disabilities services program funded through the
				Developmental Disabilities Program (DDP) of the department, must be determined
				by the department in accordance with the criteria of this rule to be a person
				with a developmental disability.
(2) The Determining Eligibility for Services
				to Persons with Developmental Disabilities in Montana: A Staff Reference
				Manual, 6th Edition, 2013, sets forth the requirements for eligibility of the
				DDP's service programs.
(3)
				Eligibility for the DDP service programs, with the exception of federally
				funded Part C services, must be determined in accordance with the requirements
				of the Determining Eligibility for Services to Persons with Developmental
				Disabilities in Montana: A Staff Reference Manual, 6th Edition, 2013. A copy of
				the manual may be obtained from the Department of Public Health and Human
				Services, Developmental Services Division, Developmental Disabilities Program,
				111 N. Sanders, P.O. Box 4210, Helena, MT 59604 or at
http://www.dphhs.mt.gov/dsd/ddp/EligibilityReferenceManual.pdf
.
53-20-204, MCA;
					 IMP,
					 53-20-203,
					 53-20-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.2 - Eligibility › Rule 37.34.202 - ELIGIBILITY: EVALUATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-20-204, MCA;
					 IMP,
					 53-20-203,
					 53-20-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.2 - Eligibility › Rule 37.34.206 - ELIGIBILITY: STATE FUNDED FAMILY EDUCATION AND SUPPORT SERVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-20-204, MCA;
					 IMP,
					 53-20-203,
					 53-20-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.2 - Eligibility › Rule 37.34.207 - ELIGIBILITY: FEDERALLY FUNDED PART H FAMILY EDUCATION AND SUPPORT SERVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-20-204, MCA;
					 IMP,
					 53-20-203,
					 53-20-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.2 - Eligibility › Rule 37.34.208 - ELIGIBILITY: FEDERALLY FUNDED INTENSIVE FAMILY EDUCATION AND SUPPORT SERVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-20-204, MCA;
					 IMP,
					 53-20-203,
					 53-20-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.2 - Eligibility › Rule 37.34.211 - ELIGIBILITY: CHILDREN'S COMMUNITY HOME SERVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-20-204, MCA;
					 IMP,
					 53-20-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.2 - Eligibility › Rule 37.34.212 - ELIGIBILITY: CHILDREN'S SUMMER DAY SERVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-20-204, MCA;
					 IMP,
					 53-20-203,
					 53-20-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.2 - Eligibility › Rule 37.34.215 - ELIGIBILITY: STATE FUNDED ADULT SERVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-20-204, MCA;
					 IMP,
					 53-20-203,
					 53-20-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.2 - Eligibility › Rule 37.34.216 - ELIGIBILITY: STATE FUNDED ADULT INTENSIVE SERVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-20-204, MCA;
					 IMP,
					 53-20-203,
					 53-20-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.2 - Eligibility › Rule 37.34.217 - ELIGIBILITY: FEDERALLY FUNDED INTENSIVE ADULT SERVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-20-204, MCA;
					 IMP,
					 53-20-203,
					 53-20-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.2 - Eligibility › Rule 37.34.221 - ELIGIBILITY: STATE FUNDED SENIOR SERVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-20-204, MCA;
					 IMP,
					 53-20-203,
					 53-20-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.2 - Eligibility › Rule 37.34.222 - ELIGIBILITY: FEDERALLY FUNDED SENIOR SERVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-20-204, MCA;
					 IMP,
					 53-20-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.2 - Eligibility › Rule 37.34.224 - DEVELOPMENTAL DISABILITIES COMMUNITY SERVICES ADULT FINANCIAL ELIGIBILITY

Current through Register Vol. 13, July 5, 2024
(1) On July 1, 2011, funding will terminate
				for all persons 19 years of age or older who were receiving developmental
				disability community services as of February 28, 2011 and funded by a
				combination of the state general fund and the federal Title XX Social Services
				Block Grant.
(a) Persons subject to this loss
				of state general fund and federal Title XX Social Services Block Grant funding
				may continue to receive developmental disabilities services if they apply for
				and are determined by the department to meet the following:
(i) the financial and categorical eligibility
				for the Medicaid program; and
(ii)
				the eligibility criteria for one of the Medicaid funded programs of home and
				community developmental disabilities services and are accepted into that
				program.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.2 - Eligibility › Rule 37.34.225 - DEVELOPMENTAL DISABILITIES COMMUNITY SERVICES ELIGIBILITY: TERMINATION OF ELIGIBILITY FOR A PROGRAM (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-20-204, MCA;
					 IMP,
					 53-20-203,
					 53-20-205,
					 53-20-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.2 - Eligibility › Rule 37.34.226 - ELIGIBILITY: APPEAL PROCEDURES (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-20-204, MCA;
					 IMP,
					 53-20-203,
					 53-20-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.3 - Placement Determinations › Rule 37.34.301 - PLACEMENT DETERMINATIONS: PURPOSE (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-2-201,
					 53-20-203,
					 53-20-204, MCA;
					 IMP,
					 53-20-203,
					 53-20-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.3 - Placement Determinations › Rule 37.34.302 - PLACEMENT DETERMINATIONS: DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-2-201,
					 53-20-203,
					 53-20-204, MCA;
					 IMP,
					 53-20-203,
					 53-20-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.3 - Placement Determinations › Rule 37.34.306 - PLACEMENT DETERMINATIONS: REFERRAL PROCESS (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-2-201,
					 53-20-203,
					 53-20-204, MCA;
					 IMP,
					 53-20-203,
					 53-20-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.3 - Placement Determinations › Rule 37.34.307 - PLACEMENT DETERMINATIONS: SCREENING PROCEDURES (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-2-201,
					 53-20-203,
					 53-20-204, MCA;
					 IMP,
					 53-20-203,
					 53-20-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.3 - Placement Determinations › Rule 37.34.308 - PLACEMENT DETERMINATIONS: CRITERIA (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-2-201,
					 53-20-203,
					 53-20-204, MCA;
					 IMP,
					 53-20-203,
					 53-20-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.3 - Placement Determinations › Rule 37.34.309 - PLACEMENT DETERMINATIONS: LOCAL SCREENING COMMITTEES (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-2-201,
					 53-20-203,
					 53-20-204, MCA;
					 IMP,
					 53-20-203,
					 53-20-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.3 - Placement Determinations › Rule 37.34.310 - PLACEMENT DETERMINATIONS: CENTRAL SCREENING COMMITTEE (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-2-201,
					 53-20-203,
					 53-20-204, MCA;
					 IMP,
					 53-20-203,
					 53-20-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.3 - Placement Determinations › Rule 37.34.311 - PLACEMENT DETERMINATIONS: CATEGORICAL EXCEPTIONS TO PLACEMENT RULES (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-2-201,
					 53-20-203,
					 53-20-204, MCA;
					 IMP,
					 53-20-203,
					 53-20-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.3 - Placement Determinations › Rule 37.34.318 - PLACEMENT DETERMINATIONS: SUPPORTED LIVING SCREENING (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-2-201,
					 53-20-203,
					 53-20-204, MCA;
					 IMP,
					 53-20-203,
					 53-20-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.3 - Placement Determinations › Rule 37.34.319 - PLACEMENT DETERMINATIONS: SUPPORTED EMPLOYMENT SCREENING (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-2-201,
					 53-20-203,
					 53-20-204, MCA;
					 IMP,
					 53-20-203,
					 53-20-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.3 - Placement Determinations › Rule 37.34.325 - PLACEMENT DETERMINATIONS: SERVICE EXCHANGE (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-2-201,
					 53-20-203,
					 53-20-204, MCA;
					 IMP,
					 53-20-203,
					 53-20-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.3 - Placement Determinations › Rule 37.34.329 - PLACEMENT DETERMINATIONS: TRIAL PLACEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-2-201,
					 53-20-203,
					 53-20-204, MCA;
					 IMP,
					 53-20-203,
					 53-20-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.3 - Placement Determinations › Rule 37.34.330 - PLACEMENT DETERMINATIONS: TEMPORARY SERVICE AUTHORIZATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-2-201,
					 53-20-203,
					 53-20-204, MCA;
					 IMP,
					 53-20-203,
					 53-20-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.3 - Placement Determinations › Rule 37.34.335 - PLACEMENT DETERMINATIONS: NOTICES AND APPEALS (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-2-201,
					 53-20-203,
					 53-20-204, MCA;
					 IMP,
					 53-20-203,
					 53-20-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.6 - Family Services › Rule 37.34.601 - FAMILY SERVICES: PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) Family
				services include family education and support services, children's community
				home services and children's summer day services.
(2) The purpose of family education and
				support services is to obtain or provide resources, support, training and
				assistance designed to assist a child and to enhance the capacity of a family
				to promote the development of a child.
(3) The purpose of children's community home
				services is to provide a healthy and safe living environment to meet the needs
				of children with intensive developmental disabilities who no longer reside with
				a natural or foster family. This living arrangement supports a child's overall
				development, provides opportunities for socialization and the development of
				leisure skills, and facilitates integration into community life.
(4) These rules define services and describe
				the specific services available, program components, program requirements and
				limitations, contractor performance requirements, and education and training
				requirements.
(5) The definitions
				used for federally funded intensive home and community family education and
				support services, except for those in ARM
				37.34.602, are at ARM
				37.34.901, et seq.
Sec.
					 53-20-204, MCA;
					 IMP, Sec.
					 53-20-205,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.6 - Family Services › Rule 37.34.602 - FAMILY SERVICES: GENERAL DEFINITIONS

Current through Register Vol. 13, July 5, 2024
These definitions apply to all family services.
(1) "Children's community home" means a
				licensed, home-like living arrangement in which 2 to 6 children with
				developmental disabilities who are between 5 and 22 years of age and have
				intensive needs, reside under the general care and supervision of community
				home staff.
(2) "Children's
				community home services" means residential services for children with
				developmental disabilities who have intensive needs and who are unable to
				reside with their families or with a foster family. Children's community home
				services provide children with physical care, guidance, resource and service
				coordination, and direct instruction based on developmental models and
				principles of normalization. Children's community home services include:
(a) providing a community-based residential
				alternative to natural and foster homes;
(b) helping children with disabilities reach
				their maximum developmental potential;
(c) coordinating the provision of
				individualized services for children such as special education, day services,
				recreation, and other community-based services; and
(d) assisting children with disabilities to
				increase their level of personal independence, move on to less restrictive
				settings, and lessen their reliance on the service system.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.6 - Family Services › Rule 37.34.604 - FAMILY SERVICES: DEFINITIONS FOR STATE FUNDED AND FEDERALLY FUNDED PART H FAMILY EDUCATION AND SUPPORT SERVICES

Current through Register Vol. 13, July 5, 2024
These definitions apply to state funded family education and
				  support services and to federally funded Part H education and support
				  services.
(1) "Assistive technology
				devices" means any item, piece of equipment, or product system, whether
				acquired commercially off the shelf, modified, or customized, that is used to
				increase, maintain, or improve the functional capabilities of children with
				disabilities.
(2) "Assistive
				technology services" means services that directly assist a child with a
				disability in the selection, acquisition, or use of an assistive technology
				device. Assistive technology services include:
(a) evaluating the needs of a child with a
				disability, including a functional evaluation of the child in the child's
				customary environment;
(b)
				purchasing, leasing, or otherwise providing for the acquisition of assistive
				technology devices for children with disabilities;
(c) selecting, designing, fitting,
				customizing, adapting, applying, maintaining, repairing, or replacing assistive
				technology devices;
(d)
				coordinating and using other therapies, interventions, or services with
				assistive technology devices, such as those associated with existing early
				intervention and rehabilitation plans and programs;
(e) training or technical assistance for a
				child with disabilities or, if appropriate, that child's family; and
(f) training or technical assistance for
				professionals including persons providing early intervention or rehabilitation
				services, or other persons who provide services to, or are otherwise
				substantially involved in the major life functions of children with
				disabilities.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.6 - Family Services › Rule 37.34.605 - FAMILY SERVICES: DEFINITIONS FOR STATE FUNDED FAMILY EDUCATION AND SUPPORT SERVICES

Current through Register Vol. 13, July 5, 2024
These definitions apply to state funded family education and
				  support services.
(1) "Annual service
				agreement" means a yearly plan developed with a family to provide limited or
				follow-along family education and support services.
(2) "At risk" means a child, from birth to 6
				years of age, who is at risk of a delay in development or of having a
				developmental disability due to environmental risk, established risk, or
				biological risk.
(3) "Biological
				risk" means a child who has a probability of aberrant development due to a
				history of prenatal, perinatal, neonatal, and early development events
				suggestive of biological insult to the developing central nervous system. The
				events, either singly or collectively, increase the probability of later
				appearing aberrant development.
(4)
				"Child education" means education that enables family members to conduct
				specific skill acquisition, stimulation, or behavioral intervention programs
				with the child.
(5) "Environmental
				risk" means a biologically sound child who has a high probability of
				developmental delay due to life experiences unless there is corrective
				intervention. Life experiences that may contribute to developmental delay
				include maternal and family care, health care, opportunities for expression of
				adaptive behaviors, and patterns of physical and social stimulation that are
				sufficiently limiting.
(6)
				"Established risk" means a child has a probability of developmental delay due
				to early appearing aberrant development that is related to diagnosed medical
				disorders of known etiology bearing relatively well known expectancies for
				developmental delay.
(7) "Family
				education" means education that enables family members to function as
				independently as possible in providing or obtaining services and supports for
				the child so that reliance on services is minimized or eliminated.
(8) "Follow-along service" means support
				coordination services developed and provided in accordance with an annual
				service agreement for one to four staff contacts per year.
(9) "Limited services" means services,
				supports and limited resources furnished to a child and family. Limited
				services are developed and provided in accordance with an annual service
				agreement. Limited services may include up to 4 staff contacts per
				year.
Sec.
					 53-20-204, MCA;
					 IMP, Sec.
					 53-20-205,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.6 - Family Services › Rule 37.34.609 - FAMILY SERVICES: GENERAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Family services must be provided in
				accordance with the performance requirements in this rule.
(2) The department will enter into contracts
				with entities to provide family services.
(3) A contractor providing family services
				must comply with the performance requirements in this rule and the
				contract.
(4) All facilities, other
				than the parent's home, used in the provision of services must meet all
				applicable licensure requirements and health and safety codes.
(5) Policies and procedures must be
				maintained and implemented to ensure:
(a) a
				safe, healthy environment for all children served; and
(b) the safe transport of all
				children.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.6 - Family Services › Rule 37.34.612 - FAMILY SERVICES: FAMILY EDUCATION AND SUPPORT SERVICES REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Family education and support services
				must be provided in accordance with the performance requirements in this
				rule.
(2) A contractor providing
				family education and support services must comply with the performance
				requirements in this rule and the contract.
(3) Core services must be provided to all
				families except those families who participate in limited or follow-along
				services.
(4) The evaluation and
				assessment process must consider the unique characteristics of the child, the
				accumulated information about the child, and the child's parents' choices
				regarding evaluation alternatives.
(a) During
				initial and ongoing contacts in the evaluation and assessment process, the
				child must be continually assessed and matched to eligibility requirements for
				available resources provided by the contractor or other service delivery
				systems.
(b) The evaluation and
				assessment process must provide the child's parents with appropriate
				information for making informed decisions regarding service options for their
				child and family.
(c) The
				evaluation and assessment process must be individualized in nature, must be
				based on the family's primary developmental and functional concerns regarding
				the child, and must address the child's specific characteristics.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.6 - Family Services › Rule 37.34.613 - FAMILY SERVICES: STATE FUNDED FAMILY EDUCATION AND SUPPORT SERVICES REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) State funded
				family education and support services must be provided in accordance with the
				performance requirements in this rule.
(2) A contractor providing state funded
				family education and support services, including limited and follow-along
				service, must comply with the performance requirements in this rule and the
				contract.
(3) The family of a child
				receiving limited service must have at least one annual face-to-face visit with
				contractor staff to develop an agreement with the family to provide access to
				limited resources and up to three additional support coordination contacts per
				year.
(4) The family of a child
				receiving follow-along service must have at least one annual face-to-face visit
				with contractor staff to develop an agreement with the family to provide up to
				three additional support coordination contacts per year.
(5) The contractor must recruit and maintain
				an up-to-date list of persons who are available to provide respite care within
				the geographic area served by the contractor.
(a) All persons who are recruited and
				maintained on the list must receive orientation.
(b) Orientation must at the minimum include:
(i) familiarization with the contractor
				corporation and its role in the provision of respite services; and
(ii) familiarization with a family
				information profile form and procedures for using the profile.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.6 - Family Services › Rule 37.34.614 - FAMILY SERVICES: FEDERALLY FUNDED PART H FAMILY EDUCATION AND SUPPORT SERVICES REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Federally
				funded Part H family education and support services must be provided in
				accordance with the performance requirements in this rule.
(2) A contractor providing federally funded
				family education and support services must comply with the performance
				requirements in this rule and the contract.
(3) All services must be provided in
				accordance with the policies and procedures contained in Montana's state plan
				under Part H of the Individuals with Disabilities Education Act as approved by
				the United States department of education. The department hereby adopts and
				incorporates by reference the Montana state plan under Part H of the
				Individuals with Disabilities Education Act as approved November, 1994, by the
				United States department of education. A copy of the plan may be obtained from
				the Department of Public Health and Human Services, Developmental Disabilities
				Program, 111 N. Sanders, P.O. Box 4210, Helena, MT 59604-4210.
(4) All services available through other
				accessible funding sources must be provided through those other funding sources
				prior to any expenditure for those services through federally funded Part H
				family education and support services.
(5) The contractor must recruit and maintain
				an up-to-date list of persons who are available to provide respite care within
				the geographic area served by the contractor.
(a) All persons who are recruited and
				maintained on the list must receive orientation.
(b) Orientation must at the minimum include:
(i) familiarization with the contractor
				corporation and its role in the provision of respite services; and
(ii) familiarization with a family
				information profile form and procedures for using the profile.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.6 - Family Services › Rule 37.34.615 - FAMILY SERVICES: FAMILY EDUCATION AND SUPPORT SERVICES RESOURCE AND SUPPORT WRAP-AROUND SERVICES REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Resource and support wrap-around services
				must be provided in accordance with the IFSP.
(2) Resource and support wrap-around services
				are available for a child and family eligible under federally funded Part H
				family education and support services.
(3) Resources and support wrap-around
				services are available for a child and family under state funded family
				education and support services only as availability of funding
				allows.
Sec.
					 53-20-204, MCA;
					 IMP, Sec.
					 53-20-205,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.6 - Family Services › Rule 37.34.616 - FAMILY SERVICES: FEDERALLY FUNDED INTENSIVE FAMILY EDUCATION AND SUPPORT SERVICES REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Federally
				funded intensive family education and support services must be provided in
				accordance with the performance requirements in this rule.
(2) A contractor providing federally funded
				intensive family education and support services must comply with the
				performance requirements in this rule and the contract.
(3) Services must be provided in accordance
				with the general rules governing home and community services for persons with
				developmental disabilities at ARM
				37.34.901, et seq.
(4) A contractor must be a designated
				organized health care delivery system.
(5) All services available through other
				accessible funding sources must be provided through those sources prior to any
				expenditure through federally funded intensive family education and support
				services.
(6) At least one contact
				each month with or on behalf of a family for the purpose of providing support
				coordination, direct services or to provide supervision and consultation to
				subcontracted personnel must be documented.
(7) The residential status of each child on
				the caseload must be reported to the regional manager at the beginning of the
				fiscal year.
(8) All possible or
				actual movement from a natural home or a foster home must be reported to the
				regional manager as soon as possible.
(9) Recruitment activities must be done for
				the purpose of securing and maintaining foster families willing to consider
				long-term placement, including shared care or back-up foster families, respite
				providers and emergency placement providers.
(a) Recruitment activities and results must
				be coordinated with the department of family services.
(b) Families interested in providing foster
				care must be screened in cooperation with the licensing agency.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.6 - Family Services › Rule 37.34.622 - SERVICES: CHILDREN'S SUMMER DAY SERVICES REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Children's summer day services must be in
				accordance with the performance requirements in this rule.
(2) A contractor providing children's summer
				day services must comply with the performance requirements in this rule and the
				contract.
(3) The provision of
				services must be based on the objectives set by each child's individual
				planning (IP) or individual education program (IEP) team.
(4) Physical care, supervision, and support
				must be provided in accordance with the needs of the child.
(5) Weekly opportunities for a variety of
				integrated community activities must be provided, unless otherwise specified by
				the IP team.
(6) Daily
				opportunities for a variety of leisure activities must be provided, unless
				otherwise specified by the IP team.
(7) Transition assistance must be provided
				for children as they move into different settings or adult services.
Sec.
					 53-20-204, MCA;
					 IMP, Sec.
					 53-20-205,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM › Subchapter 37.34.7 - Adult Services › Rule 37.34.701 - ADULT SERVICES: PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of
				adult services is to obtain resources, support, training and guidance designed
				to assist an individual in the individual's life.
(2) Services, in accordance with the
				individual planning process provided at ARM
				37.34.1101, et seq., must meet the
				needs of the individual served. The individual, in partnership with service
				staff and significant others, establishes priorities, and participates in the
				development, implementation and evaluation of the individual plan (IP).
				Planning teams, in planning for the provision of services, must consider the
				level of services the individual is enrolled in and the availability of funds
				when making decisions regarding specific services to be provided. IP objectives
				are designed to address areas in an individual's life where assistance is
				needed based on the assessments and desires of the individual. These areas may
				include living arrangements, work and day options, transportation, recreation
				and leisure, citizenship, relationships, and life management.
(3) Services must be provided in environments
				which enhance the quality of life for the individual. These environments must
				ensure that the individual's basic life and health care needs are
				met.
(4) Adult services must assist
				an adult with developmental disabilities to:
(a) enhance independence and interdependence
				with others in the community;
(b)
				expand options for participation in and contribution to society;
(c) increase skills and abilities to enable
				on-going personal growth; and
(d)
				reside, work and play in safe, healthy, integrated environments.