reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.19 - FAMILY PLANNING PROGRAMS › Subchapter 37.19.1 - Program Deficiencies › Rule 37.19.103 - INVESTIGATION AND AUDIT REPORTS: PROBATIONARY STATUS

Current through Register Vol. 13, July 5, 2024
(1) Within 45 days following completion of an
				investigation initiated pursuant to ARM
				37.19.102, or of a routine program
				audit conducted by the department, the department will send a written report to
				the local board or project director. If the department's investigation has
				revealed significant program deficiencies, the report shall identify such
				deficiencies and notify the local board or project director that the local
				program has been put on probation.
(2) The local board and project director will
				be given 1 month to correct the deficiencies. The notice of probationary status
				will indicate that if the deficiencies have not been corrected by the end of
				the 1 month probationary period, termination procedures will be
				initiated.
Sec.
					 50-1-202(9),
					 MCA; IMP, Sec.
					 50-1-202(9)
					 and (16),
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.19 - FAMILY PLANNING PROGRAMS › Subchapter 37.19.1 - Program Deficiencies › Rule 37.19.104 - FAMILY PLANNING PROGRAM TERMINATION PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Except as provided in (3), upon a finding
				of major uncorrected program deficiencies as set forth in ARM
				37.19.103, the department will
				notify the local board and project director of its intent to terminate the
				local program. This notice will identify the program deficiencies upon which
				the termination action is based, and will offer the opportunity for the local
				program to request an informal reconsideration before the department to contest
				the termination decision. Such request for an informal reconsideration must be
				received in writing by the department no later than 2 weeks after issuance of
				the notice of intent to terminate.
(2) If a timely request for an informal
				reconsideration is received, the reconsideration will be conducted within 30
				days following the receipt of the request. Such informal reconsideration shall
				be conducted in accordance with the procedures specified for informal
				reconsiderations in ARM
				37.5.305, and is not subject to
				the contested case provisions of the Montana Administrative Procedure Act,
				Title 2, chapter 4, MCA or, except as provided in this rule, the provisions of
				ARM 37.5.304,
				37.5.307,
				37.5.325,
				37.5.328,
				37.5.331,
				37.5.334 and
				37.5.337. The department's final
				decision on termination will be made within 30 days following the
				reconsideration. The final decision will be accompanied by a brief statement of
				the department's findings.
(3)
				Notwithstanding the provisions of ARM
				37.19.103 and this rule, upon a
				determination by the department that serious program deficiencies constitute an
				imminent threat to the health, safety or well being of the program's clients,
				the department may institute emergency termination procedures without first
				having completed the procedures set forth in ARM
				37.19.103 and this rule. In such a
				case, the notice of intent to terminate may, if appropriate, include
				notification that the department will discontinue program funding within 5 days
				following receipt of the notice, pending final action on the termination
				decision.
Sec.
					 50-1-202,
					 MCA; IMP, Sec.
					 50-1-202,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.21 - DOCUMENTATION AND STUDY OF ABORTION › Subchapter 37.21.1 - Documentation and Studies of Abortion › Rule 37.21.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Abortion" means the performance of, or
				assistance or participation in the performance of, or submission to, an act or
				operation intended to terminate a pregnancy without live birth.
(2) "Department" means the department of
				public health and human services.
(3) "Facility" means a hospital, health care
				facility, physician's office or other place in which an abortion is
				performed.
(4) "Viability" means
				the ability of a fetus to live outside the mother's womb, albeit with
				artificial aid.
Sec.
					 50-20-105,
					 MCA; IMP, Sec.
					 50-20-105,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.21 - DOCUMENTATION AND STUDY OF ABORTION › Subchapter 37.21.1 - Documentation and Studies of Abortion › Rule 37.21.104 - CERTIFICATE OF INFORMED CONSENT

Current through Register Vol. 13, July 5, 2024
(1) The written
				statement of informed consent required by
				50-20-106, MCA,
				is to be made on a form prescribed by and obtained from the
				department.
Sec.
					 50-20-106, MCA;
					 IMP, Sec.
					 50-20-106,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.21 - DOCUMENTATION AND STUDY OF ABORTION › Subchapter 37.21.1 - Documentation and Studies of Abortion › Rule 37.21.105 - CONFIDENTIALITY

Current through Register Vol. 13, July 5, 2024
(1) In connection with an abortion, the
				facility shall keep on file the original of each of the documents required by
				the Montana Abortion Control Act relating to informed consent, notice of
				abortion, certification of necessity of abortion to preserve the life or health
				of the mother, and certification of necessity of abortion to preserve the life
				of the mother.
(2) All reports and
				documents required by this act shall be treated with the confidentiality
				afforded to medical records, subject to such disclosure as is permitted by
				law.
Sec.
					 50-20-110,
					 MCA; IMP, Sec.
					 50-20-110,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.21 - DOCUMENTATION AND STUDY OF ABORTION › Subchapter 37.21.1 - Documentation and Studies of Abortion › Rule 37.21.110 - FACILITY REPORT

Current through Register Vol. 13, July 5, 2024
(1) Every facility,
				as defined herein, shall keep on file a statement dated and certified by the
				physician who performed the abortion setting forth the following information:
(a) Name, address, state and county of
				residence, date of birth, marital status, race, educational background, and
				patient identification number of the woman upon whom the abortion was
				performed.
(b) If a minor and
				unmarried, name and address of her living parents, or her custodian or legal
				guardian.
(c) Statement whether or
				not parent or legal guardian has been notified of the abortion.
(d) The information as to the first day of
				the last normal menses as provided by the woman and the number of her prior
				pregnancies, live births, miscarriages, induced abortions and living
				children.
(e) The date, and the
				name and location of the facility in which the abortion was performed, and the
				name and address of the physician performing the abortion.
(f) Information upon which the physician
				concluded the patient was pregnant.
(g) The medical procedure or procedures
				employed to administer the abortion.
(h) The approximate gestational age of the
				fetus.
(i) The vital signs of the
				fetus, after abortion, if any.
(j)
				If viable, the medical procedures employed to preserve the life and health of
				the fetus.
(k) If a premature
				infant was born alive and viable and the infant did not survive, the apparent
				cause of death.
(l) If the fetus
				was viable, but was endangered or destroyed during the abortion procedure prior
				to birth, the reason therefor.
(m)
				Complications in the woman resulting directly or indirectly from the
				abortion.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.21 - DOCUMENTATION AND STUDY OF ABORTION › Subchapter 37.21.1 - Documentation and Studies of Abortion › Rule 37.21.111 - PATHOLOGY STUDIES

Current through Register Vol. 13, July 5, 2024
(1) The products of
				conception and any other tissue removed as a consequence of the abortion shall
				be examined by the physician performing the abortion or by a
				pathologist.
(2) The pathology
				examination shall include, but not be limited to, a gross examination, and may
				include other studies at the discretion of the attending physician or the
				pathologist, including studies for the presence of micro-organisms or genetic
				defects.
(3) If the products of
				conception are referred to a pathologist, or if the abortion is performed
				within a hospital, the physician performing the abortion shall insure that all
				of the products of conception and any other tissue be delivered to the
				pathologist.
(4) If the gross
				examination fails to provide evidence of pregnancy, a microscopic examination
				shall be performed to obtain such evidence.
(5) The physician performing the abortion or
				the pathologist, whichever conducts the definitive examination, shall file with
				the facility, and the facility shall keep on file, a report containing such
				information as would be customarily included in such a report, and including
				but not limited to the following:
(a)
				Evidence as to whether the woman was in fact pregnant;
(b) The medical procedure employed to
				administer the abortion;
(c) The
				approximate gestational age, length and weight of the fetus, if possible to
				determine;
(d) Any apparent
				abnormalities observed in the products of conception.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.21 - DOCUMENTATION AND STUDY OF ABORTION › Subchapter 37.21.1 - Documentation and Studies of Abortion › Rule 37.21.115 - DISPOSITION OF FETUS OR DEAD INFANT

Current through Register Vol. 13, July 5, 2024
(1) The
				products of conception and any other tissue removed as a consequence of the
				abortion, except such tissue as necessary for examination, shall be disposed of
				in a manner similar to that for other surgically removed tissue at that
				facility, and in a way that does not endanger public health nor create a public
				nuisance.
(2) However, any dead
				fetus or infant having been removed after 20 weeks gestation may be disposed of
				by the facility only if the surviving parent or parents so authorize the
				facility. If the surviving parent or parents do not wish the fetus or infant to
				be disposed of by the facility, they then will be responsible for the
				disposition of the remains in a humane manner of their choosing.
(3) In the event that the facility is unable
				to secure an authorization, the facility may dispose of the dead fetus or
				infant in the manner indicated in (1) above.
Sec.
					 50-20-105,
					 MCA; IMP, Sec.
					 50-20-105,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.25 - RESIDENTIAL ALCOHOL AND DRUG TREATMENT FOR INDIGENT JUVENILES › Subchapter 37.25.1 - Eligibility Requirements › Rule 37.25.101 - RESIDENTIAL ALCOHOL AND DRUG TREATMENT FOR INDIGENT JUVENILES

Current through Register Vol. 13, July 5, 2024
(1) The purpose of this rule is to establish
				eligibility criteria and rules for the administration of funds for residential
				alcohol and drug treatment for indigent juveniles.
Sec.
					 41-3-1103,
					 MCA; IMP, Sec.
					 41-3-1103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.25 - RESIDENTIAL ALCOHOL AND DRUG TREATMENT FOR INDIGENT JUVENILES › Subchapter 37.25.1 - Eligibility Requirements › Rule 37.25.102 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For purposes of this rule, the following definitions
				  apply:
(1) "Department" means the
				department of public health and human services.
(2) "Indigent juvenile" means a person under
				the age of 18 whose family meets the eligibility criteria for indigency set
				forth in ARM
				37.25.107.
(3) "Residential alcohol and drug treatment"
				means chemical dependency treatment provided in a hospital licensed by the
				department of public health and human services or an inpatient hospital care
				component or inpatient free standing component approved by the department
				pursuant to ARM Title 20, chapter 3, subchapter 2.
(4) "Provider" means a residential alcohol
				and drug treatment facility.
Sec.
					 41-3-1103,
					 MCA; IMP, Sec.
					 41-3-1103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.25 - RESIDENTIAL ALCOHOL AND DRUG TREATMENT FOR INDIGENT JUVENILES › Subchapter 37.25.1 - Eligibility Requirements › Rule 37.25.105 - ELIGIBILITY FOR SERVICES

Current through Register Vol. 13, July 5, 2024
(1) A juvenile will
				be eligible for residential alcohol and drug treatment payments if he meets the
				following eligibility criteria:
(a) The
				juvenile has been adjudicated as a youth in need of care pursuant to Title 41,
				chapter 3, MCA, a youth in need of supervision or a delinquent youth pursuant
				to Title 41, chapter 5, MCA, or has admitted acts sufficient to adjudicate him
				a youth in need of supervison or a delinquent youth through the consent
				adjustment process pursuant to Title 41, chapter 5, part 4, MCA; and
(b) The juvenile and his family are
				determined to be indigent by the department pursuant to the criteria set forth
				in ARM 37.25.107; and
(c) The juvenile is in need of residential
				alcohol and drug treatment and has been evaluated by a chemical dependency
				counselor certified by the department of corrections who has recommended
				residential treatment for the juvenile; and
(d) The juvenile will be treated in a
				residential alcohol and drug treatment facility approved by the department of
				corrections or licensed by the department of public health and human
				services.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.25 - RESIDENTIAL ALCOHOL AND DRUG TREATMENT FOR INDIGENT JUVENILES › Subchapter 37.25.1 - Eligibility Requirements › Rule 37.25.106 - APPLICATION FOR SERVICES

Current through Register Vol. 13, July 5, 2024
(1) An application
				for residential alcohol and drug treatment shall be submitted to the Department
				of Public Health and Human Services, Child and Family Services Division,
				Program Management Bureau, P.O. Box 202951, Helena, Montana 59620-2951 by the
				social worker or probation officer responsible for arranging the placement of
				the juvenile. Application must be made on the forms provided by the
				department.
(2) The person making
				application must provide sufficient documentation to establish that the
				juvenile meets the eligibility criteria set forth in ARM
				37.25.105.
Sec.
					 41-3-1103,
					 MCA; IMP, Sec.
					 41-3-1103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.25 - RESIDENTIAL ALCOHOL AND DRUG TREATMENT FOR INDIGENT JUVENILES › Subchapter 37.25.1 - Eligibility Requirements › Rule 37.25.107 - DETERMINATION OF INDIGENCY

Current through Register Vol. 13, July 5, 2024
(1) Any juvenile
				will be determined indigent if his parents' or guardians' income does not
				exceed the financial eligibility requirements for the aid to families with
				dependent children program which are set forth in ARM 46.10.401 through
				46.10.403, 46.10.406, and 46.10.505 through 46.10.513 by more than
				200%.
(2) If the parents or
				guardians of the youth refuse to cooperate in establishing indigency, the
				social worker or probation officer may submit other verification or
				documentation which would be sufficient to document that the parents or
				guardians are indigent as defined in the previous paragraph.
Sec.
					 41-3-1103,
					 MCA; IMP, Sec.
					 41-3-1103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.25 - RESIDENTIAL ALCOHOL AND DRUG TREATMENT FOR INDIGENT JUVENILES › Subchapter 37.25.2 - Reimbursement › Rule 37.25.201 - BILLING, REIMBURSEMENT AND PROCESSING

Current through Register Vol. 13, July 5, 2024
The department shall make payments directly to the provider,
				  subject to the following conditions and limitations:
(1) Providers shall submit claims for
				reimbursement on the forms provided by the department. The claim shall be
				submitted within 30 days of the last day treatment was provided to the juvenile
				in the facility.
(2) Providers
				shall be reimbursed according to the rates set forth in ARM
				37.25.210. The provider will
				accept payment in accordance with ARM
				37.25.210 as payment in
				full.
(3) The department will not
				reimburse the provider for any services other than alcohol and drug
				treatment.
Sec.
					 41-3-1103,
					 MCA; IMP, Sec.
					 41-3-1103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.25 - RESIDENTIAL ALCOHOL AND DRUG TREATMENT FOR INDIGENT JUVENILES › Subchapter 37.25.2 - Reimbursement › Rule 37.25.205 - ERRONEOUS OR IMPROPER PAYMENTS

Current through Register Vol. 13, July 5, 2024
(1) The
				department is entitled to promptly recover all payments erroneously or
				improperly made to a provider.
(2)
				The provider shall notify the department of any erroneous or improper payment
				and shall promptly refund the entire amount of any erroneous or improper
				payment.
Sec.
					 41-3-1103
					 and
					 53-2-108,
					 MCA; IMP, Sec.
					 41-3-1103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.25 - RESIDENTIAL ALCOHOL AND DRUG TREATMENT FOR INDIGENT JUVENILES › Subchapter 37.25.2 - Reimbursement › Rule 37.25.210 - RATES

Current through Register Vol. 13, July 5, 2024
(1) The department will pay providers the
				usual and customary charges or the rates set forth in this rule, whichever is
				lower.
(2) The rate for residential
				alcohol and drug treatment for indigent juveniles shall be $110.00 per day for
				each day of care actually provided, not to exceed 40 days of care. The
				department shall pay for the day the juvenile enters the treatment facility,
				but not the day the juvenile leaves the facility.
Sec.
					 41-3-1103,
					 MCA; IMP, Sec.
					 41-3-1103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.25 - RESIDENTIAL ALCOHOL AND DRUG TREATMENT FOR INDIGENT JUVENILES › Subchapter 37.25.2 - Reimbursement › Rule 37.25.215 - UNAVAILABILITY OF FUNDS

Current through Register Vol. 13, July 5, 2024
(1) Payments for
				residential alcohol and drug treatment for indigent juveniles are subject to
				the availability of funds appropriated for that purpose.
(2) When the entire amount of the
				appropriation has been accrued in any fiscal year, the department will no
				longer accept applications for residential alcohol and drug treatment for
				indigent juveniles.
(3) The
				department shall send written notice to the youth courts, probation officers,
				department of corrections and the residential alcohol and drug treatment
				facilities when the entire amount of the appropriation has been accrued for the
				fiscal year.
(4) All providers who
				are providing residential alcohol and drug treatment to eligible indigent
				juveniles at the time of receiving the notice that the appropriated funds have
				been exhausted will be reimbursed for the treatment of those juveniles who have
				been determined eligible for benefits by the department and are receiving
				treatment at the time of notice. The provider shall be reimbursed according to
				the terms and conditions set forth in ARM
				37.25.210.
Sec.
					 41-3-1103,
					 MCA; IMP, Sec.
					 41-3-1103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.27 - CHEMICAL DEPENDENCY PROGRAMS › Subchapter 37.27.1 - Approval of Chemical Dependency Programs › Rule 37.27.101 - STATE APPROVED PROGRAMS, PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The
				purpose of the rules in this subchapter is to establish standards for the
				approval of programs providing prevention, treatment, rehabilitative, and
				recovery services to individuals with substance use disorders and substance
				related issues, as provided in Title 53, chapter 24, part 2, MCA.
(2) Each public or private substance use
				disorder program providing services and receiving alcohol earmarked revenue
				funds under
				53-24-108,
				MCA, shall be subject to approval by the department. The department will issue
				approval for the following substance use disorder (SUD) levels of care and
				specialty services, outlined in the American Society of Addiction Medicine
				(ASAM) Criteria and Behavioral Health and Developmental Disabilities (BHDD)
				Division Medicaid Manual:
(a) ASAM 3.7
				Medically Monitored Intensive Inpatient Services;
(b) ASAM 3.7-WM Medically Monitored
				Withdrawal Management Services;
(c)
				ASAM 3.5 Clinically Managed High-Intensity (adult) and Medium Intensity
				(adolescent) Residential Services;
(d) ASAM 3.3 Clinically Managed
				Population-Specific High Intensity (adult only) Residential Services;
(e) ASAM 3.2-WM Clinically Managed
				Residential Withdrawal Management Services;
(f) ASAM 3.1 Clinically Managed Low Intensity
				(adult or adolescent) Residential Services;
(g) ASAM 2.5 Partial Hospitalization
				Services;
(h) ASAM 2.1 Intensive
				Outpatient Services;
(i) ASAM 1.0
				Outpatient Services;
(j) ASAM 0.5
				Early Intervention;
(k) SUD
				Prevention;
(l) SUD Certified
				Behavioral Health Peer Support Services; and
(m) SUD Targeted Case
				Management.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.27 - CHEMICAL DEPENDENCY PROGRAMS › Subchapter 37.27.1 - Approval of Chemical Dependency Programs › Rule 37.27.105 - STATE APPROVED PROGRAMS, PREVENTION PROVIDERS, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) In order to be reimbursed for prevention
				services, a prevention provider must be state approved and:
(a) have a contract with the department for
				substance abuse primary prevention services;
(b) be the Montana Public Health Institute;
				or
(c) be a county or tribal public
				health department.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.27 - CHEMICAL DEPENDENCY PROGRAMS › Subchapter 37.27.1 - Approval of Chemical Dependency Programs › Rule 37.27.106 - STATE APPROVED PROGRAMS, SUBSTANCE USE DISORDER FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) In order to be reimbursed for SUD
				facility-based treatment services, a SUD facility must be state approved and
				licensed pursuant to ARM Title 37, chapter 106, subchapter 14.
(2) In order to become state approved, the
				SUD facility provider must complete and submit the designated application to
				the department. The SUD facility must be licensed for the level(s) of care
				indicated in the application.
(3)
				If the application and supporting documentation do not meet the application
				requirements, the department will notify the applicant in writing identifying
				the incomplete or missing information within 30 days of receipt of the
				application.
(a) The applicant has 30 days
				from the date of notification to respond in writing to the content of the
				notice.
(b) If the response is not
				received within 30 days, the department will deny approval and will notify the
				applicant in writing of the denial.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.27 - CHEMICAL DEPENDENCY PROGRAMS › Subchapter 37.27.1 - Approval of Chemical Dependency Programs › Rule 37.27.107 - STATE APPROVED PROGRAMS, INDIVIDUAL OUTPATIENT TREATMENT PROVIDERS

Current through Register Vol. 13, July 5, 2024
(1) In order to be reimbursed for outpatient
				services, an individual outpatient treatment provider must be state approved
				and be a licensed addiction counselor.
(2) In order to become state approved, the
				licensed addiction counselor (LAC) must complete and submit the designated
				application to the department.
(3)
				If the application and supporting documentation do not meet the application
				requirements, the department will notify the applicant in writing identifying
				the incomplete or missing information within 30 days of receipt of the
				application.
(a) The applicant has 30 days
				from the date of notification to respond in writing to the content of the
				notice.
(b) If a response is not
				received within 30 days, the department will deny approval and will notify the
				applicant in writing of the denial.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.27 - CHEMICAL DEPENDENCY PROGRAMS › Subchapter 37.27.1 - Approval of Chemical Dependency Programs › Rule 37.27.108 - ADMINISTRATIVE MANAGEMENT - GOVERNING BODY (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 53-24-209,
					 MCA IMP:
					 53-24-208,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.27 - CHEMICAL DEPENDENCY PROGRAMS › Subchapter 37.27.1 - Approval of Chemical Dependency Programs › Rule 37.27.115 - ALL STATE APPROVED PROGRAMS - ACCEPTANCE OF PERSONS INTO THE TREATMENT PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) The program
				shall ensure compliance with
				53-24-209,
				MCA.
(2) The program shall admit
				and care for only those persons for whom it can provide care and services
				appropriate to the person's physical, emotional, and social needs.
(3) The program shall work together with the
				client to implement a written individualized treatment plan that identifies
				services and supports needed to address problems and needs identified in the
				biopsychosocial assessment. The individualized treatment plan is maintained on
				a current basis for each client.
(4) The program shall make appropriate
				referrals when the client needs services not offered by the program. Referrals
				must be documented in the client record.
(5) The program shall ensure that clients
				receiving prescribed medication(s), including medication for opioid use
				disorder, are not required to discontinue the medication as a condition for
				receiving services. Access to, and coordination with, qualified medical
				providers must be made available on-site or through referral.
AUTH:
					 53-24-209,
					 MCA; IMP:
					 53-24-209,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.27 - CHEMICAL DEPENDENCY PROGRAMS › Subchapter 37.27.1 - Approval of Chemical Dependency Programs › Rule 37.27.116 - INDIVIDUAL OUTPATIENT TREATMENT PROVIDERS AND PREVENTION PROVIDERS, CLIENTS RIGHTS

Current through Register Vol. 13, July 5, 2024
(1) Programs
				approved under ARM 37.27.105 and
				37.27.107
				that provide treatment (including early intervention) must develop and maintain
				a client rights policy that supports and protects the state and federal
				constitutional and statutory rights, including civil rights, of all clients.
				These must include the right to:
(a) receive
				treatment free of unlawful discrimination;
(b) receive reasonable accommodations,
				consistent with federal and state law;
(c) receive treatment in the least
				restrictive environment, consistent with law, in a manner sensitive to
				individual needs and which promotes dignity and self-respect;
(d) have all clinical and personal
				information treated in accordance with state and federal confidentiality
				statutes and regulations;
(e)
				practice the religion of the client's choice, consistent with the Montana
				Religious Freedom Restoration Act and considering the rights of others and the
				requirements of the treatment program. The client also has the right to be
				excused from any religious practice;
(f) review their own treatment records in the
				presence of treatment staff, consistent with
				45 CFR
				164.524 and other state and federal
				confidentiality statutes and regulations;
(g) be fully informed of fees charged,
				including fees for copying records to verify treatment and methods of payment
				available;
(h) be free from abuse,
				neglect, and financial exploitation by staff members or clients;
(i) have grievances considered in a fair and
				timely manner, with respect to infringements of rights described in this
				rule;
(j) be given a 30-day notice
				in the event of program closure or discontinuation of treatment
				services;
(k) be provided with a
				referral to similar treatment services, if available; and
(l) be advised how to access records to which
				the client is entitled.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.27 - CHEMICAL DEPENDENCY PROGRAMS › Subchapter 37.27.1 - Approval of Chemical Dependency Programs › Rule 37.27.117 - INDIVIDUAL OUTPATIENT TREATMENT AND PREVENTION PROVIDERS, CONFIDENTIALITY

Current through Register Vol. 13, July 5, 2024
(1) Programs approved under ARM 37.27.105 and
				37.27.107
				providing treatment (including early intervention) must have a written client
				confidentiality policy pursuant to 42 CFR Part 2.
(2) The confidentiality policy must be
				reviewed with the client at the time of admission or as soon thereafter as the
				client is capable of rational communication.
(3) Policy requirements must include
				activities to:
(a) inform clients that federal
				law and regulations protect the confidentiality of alcohol and drug abuse
				client records; and
(b) provide
				clients with a summary in writing of the federal law and
				regulations.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.27 - CHEMICAL DEPENDENCY PROGRAMS › Subchapter 37.27.1 - Approval of Chemical Dependency Programs › Rule 37.27.118 - INDIVIDUAL OUTPATIENT TREATMENT AND PREVENTION PROVIDERS, COMMUNICABLE DISEASE CONTROL

Current through Register Vol. 13, July 5, 2024
(1) Programs
				approved under ARM 37.27.105 and
				37.27.107
				providing treatment (including early intervention) must have a policy for
				communicable disease control.
(2)
				The communicable disease policy must be reviewed annually and include:
(a) procedures to identify high risk
				individuals;
(b) specific
				procedures to address tuberculosis (TB), Hepatitis A, Hepatitis C, sexually
				transmitted infections (STI), and human immunodeficiency virus (HIV);
				and
(c) the identification of
				methods used to protect, contain, or minimize the risk to clients and staff
				members.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.27 - CHEMICAL DEPENDENCY PROGRAMS › Subchapter 37.27.1 - Approval of Chemical Dependency Programs › Rule 37.27.119 - INDIVIDUAL OUTPATIENT TREATMENT AND PREVENTION PROVIDERS, ABUSE OR NEGLECT REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Programs
				approved under ARM 37.27.105 and
				37.27.107
				providing treatment (including early intervention) must have a policy that:
(a) clearly defines child abuse and neglect
				as defined in
				41-3-102,
				MCA;
(b) clearly defines abuse,
				neglect, and exploitation of an older person or a person with a developmental
				disability as defined in
				52-3-803
				MCA;
(c) outlines the provider's
				responsibility to report all known or suspected incidents of abuse, neglect, or
				exploitation of any client within 24 hours; and
(d) addresses handling of suspected or
				validated incidents of abuse, neglect, or exploitation.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.27 - CHEMICAL DEPENDENCY PROGRAMS › Subchapter 37.27.1 - Approval of Chemical Dependency Programs › Rule 37.27.121 - ALL PROGRAMS - PERSONNEL, STAFF DEVELOPMENT AND CERTIFICATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 53-24-204,
					 53-24-208,
					 53-24-215,
					 MCA IMP:
					 53-24-204,
					 53-24-208,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.27 - CHEMICAL DEPENDENCY PROGRAMS › Subchapter 37.27.1 - Approval of Chemical Dependency Programs › Rule 37.27.122 - STATE APPROVED PROGRAMS, SANCTIONS

Current through Register Vol. 13, July 5, 2024
(1) The
				department, after written notice to the program, may sanction a program's state
				approval upon finding that the program:
(a)
				fails to meet any state approval requirements established by this
				subchapter;
(b) fails to meet
				regulations or licensure standards set forth in ARM Title 37, chapter 106,
				subchapter 14;
(c) has failed to
				use state or federal funds received under contract with the department or
				through Montana Medicaid as required, pursuant to state or federal regulations,
				for the operations of a program or provision of services;
(d) has failed to comply with a performance
				action plan approved by the department;
(e) has committed unprofessional conduct
				pursuant to
				37-1-316,
				MCA;
(f) has current orders or
				sanctions pursuant to
				37-1-312,
				MCA; or
(g) has current sanctions
				pursuant to ARM Title 37, chapter 85, subchapter 5.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.27 - CHEMICAL DEPENDENCY PROGRAMS › Subchapter 37.27.1 - Approval of Chemical Dependency Programs › Rule 37.27.128 - DETOXIFICATION (EMERGENCY CARE) COMPONENT REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-24-204,
					 53-24-208,
					 MCA; IMP,
					 53-24-208,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.27 - CHEMICAL DEPENDENCY PROGRAMS › Subchapter 37.27.1 - Approval of Chemical Dependency Programs › Rule 37.27.129 - INPATIENT - HOSPITAL COMPONENT REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-24-204,
					 53-24-208,
					 MCA; IMP,
					 53-24-208,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.27 - CHEMICAL DEPENDENCY PROGRAMS › Subchapter 37.27.1 - Approval of Chemical Dependency Programs › Rule 37.27.130 - INPATIENT - FREE STANDING CARE COMPONENT REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-24-204,
					 53-24-208,
					 MCA; IMP,
					 53-24-208,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.27 - CHEMICAL DEPENDENCY PROGRAMS › Subchapter 37.27.1 - Approval of Chemical Dependency Programs › Rule 37.27.135 - INTERMEDIATE CARE (TRANSITIONAL LIVING) COMPONENT REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-24-204,
					 53-24-208,
					 MCA; IMP,
					 53-24-208,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.27 - CHEMICAL DEPENDENCY PROGRAMS › Subchapter 37.27.1 - Approval of Chemical Dependency Programs › Rule 37.27.136 - OUTPATIENT COMPONENT REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 53-24-204,
					 53-24-208, MCA
					 IMP:
					 53-24-208,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.27 - CHEMICAL DEPENDENCY PROGRAMS › Subchapter 37.27.1 - Approval of Chemical Dependency Programs › Rule 37.27.137 - DAY TREATMENT COMPONENT REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 53-24-208, MCA
					 IMP:
					 53-24-208,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.27 - CHEMICAL DEPENDENCY PROGRAMS › Subchapter 37.27.1 - Approval of Chemical Dependency Programs › Rule 37.27.138 - INTENSIVE OUTPATIENT TREATMENT COMPONENT REQUIREMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 53-24-208, MCA
					 IMP:
					 53-24-208,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.27 - CHEMICAL DEPENDENCY PROGRAMS › Subchapter 37.27.2 - Room and Board Voucher Program › Rule 37.27.201 - SUBSTANCE USE DISORDER VOUCHER PROGRAM, PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of the rules in this
				subchapter is to establish standards for the Substance Use Disorder Voucher
				Program, as provided in Title 53, chapter 24, part 2, MCA.
(2) This program is intended to cover the
				cost of substance use disorder treatment room and board that is not otherwise
				covered by insurance or another assistance program.
(3) This program is subject to available
				funding.
AUTH:
					 53-24-204, MCA; IMP:
					 53-24-218,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.27 - CHEMICAL DEPENDENCY PROGRAMS › Subchapter 37.27.2 - Room and Board Voucher Program › Rule 37.27.202 - SUBSTANCE USE DISORDER VOUCHER PROGRAM, DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In addition to the terms defined in
				  53-24-103, MCA, the following
				  definitions shall apply in the interpretation and enforcement of the rules in
				  this subchapter:
(1) "American Society
				of Addiction Medicine (ASAM) Criteria" means guidelines for placement,
				continued stay, and transfer, or discharge of individuals with addiction and
				co-occurring conditions developed by the American Society of Addiction
				Medicine.
(2) "ASAM 3.1" means
				substance use disorder clinically managed low-intensity residential treatment
				services for adults or adolescents, which is a level of care described in the
				ASAM Criteria. ASAM 3.1 is a licensed community-based residential facility that
				functions as a supportive, structured living environment. Individuals are
				provided stability and skills building to help prevent or minimize continued
				substance use. This level of care includes a minimum of five hours per week of
				professionally directed treatment services.
(3) "BHDD Medicaid Manual" means the
				Behavioral Health and Developmental Disabilities (BHDD) Division Medicaid
				Services Provider Manual for Substance Use Disorder and Adult Mental Health
				adopted and incorporated by reference in ARM
				37.27.902. The manual can be found
				at:
https://dphhs.mt.gov/BHDD/BHDDMedicaidServicesProviderManual
.
(4) "Substance use disorder" means chemical
				dependency, as defined in
				53-24-103, MCA.
AUTH:
					 53-24-204, MCA; IMP:
					 53-24-218,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.27 - CHEMICAL DEPENDENCY PROGRAMS › Subchapter 37.27.2 - Room and Board Voucher Program › Rule 37.27.203 - SUBSTANCE USE DISORDER VOUCHER PROGRAM, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) In order to participate in the substance
				use disorder voucher program, an individual must:
(a) live in Montana;
(b) be 14 years of age or older;
(c) have an annual family income at or below
				200% of federal poverty guidelines;
(d) meet medical necessity described in the
				BHDD Medicaid Manual for ASAM 3.1 services;
(e) receive a prior authorization for ASAM
				3.1 services from the Quality Improvement Organization (QIO); and
(f) currently be receiving ASAM 3.1
				services.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.27 - CHEMICAL DEPENDENCY PROGRAMS › Subchapter 37.27.2 - Room and Board Voucher Program › Rule 37.27.204 - SUBSTANCE USE DISORDER VOUCHER PROGRAM, REIMBURSEMENT

Current through Register Vol. 13, July 5, 2024
(1) In order to be reimbursed for room and
				board under the Substance Use Disorder Voucher Program in ARM 37.27.201, a
				program must be a state-approved substance use disorder facility under ARM
				37.27.106 and licensed as an ASAM
				3.1 substance use disorder facility pursuant to ARM Title 37, chapter 106,
				subchapter 14.
(2) A provider that
				meets requirements in ARM 37.27.203 and seeks reimbursement for room and board
				under the Substance Use Disorder Voucher Program must complete and submit the
				designated request form to the department to obtain reimbursement for such
				services provided to a qualified individual.
(3) The department will review the request
				and provide approval or denial to the provider within 10 working days of
				receipt of the request.
(4) If the
				request is approved, the department will issue payment to the
				provider.
(5) The department will
				reimburse providers as outlined in contract or policy.
AUTH:
					 53-24-204, MCA; IMP:
					 53-24-218,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.27 - CHEMICAL DEPENDENCY PROGRAMS › Subchapter 37.27.3 - Guidelines for County Chemical Dependency Plans › Rule 37.27.301 - SUBMISSION DATE

Current through Register Vol. 13, July 5, 2024
(1) All county
				chemical dependency plans are to be submitted to the department of institutions
				by 5:00 p.m. December 31, 1983. The plan will include FY 84, 85, 86, and 87.
				The second 4-year county plans are to be submitted by December 31, 1986.
				Comprehensive county chemical plans are to be submitted every 4 years
				thereafter to the department of public health and human services by 5:00 p.m.
				December 31.
(2) County plan
				updates are to be submitted to the department of public health and human
				services by 5:00 p.m. December 31 of each year that a comprehensive 4-year
				county plan is not required.
Sec.
					 53-24-211,
					 MCA; IMP, Sec.
					 53-24-204,
					 53-24-207
					 and
					 53-24-208,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.27 - CHEMICAL DEPENDENCY PROGRAMS › Subchapter 37.27.3 - Guidelines for County Chemical Dependency Plans › Rule 37.27.302 - APPROVAL DATE

Current through Register Vol. 13, July 5, 2024
(1) All county
				chemical dependency plans and/or updates must be approved by June 30, of each
				year. If the plan and/or update is not approved by June 30, the county is not
				eligible to receive alcohol tax funds generated under
				53-24-206,
				MCA.
Sec.
					 53-24-211,
					 MCA; IMP, Sec.
					 53-24-204,
					 53-24-207
					 and
					 53-24-208,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.27 - CHEMICAL DEPENDENCY PROGRAMS › Subchapter 37.27.3 - Guidelines for County Chemical Dependency Plans › Rule 37.27.303 - CONTENT OF COUNTY PLANS

Current through Register Vol. 13, July 5, 2024
(1) County
				identification form. Plans may include more than one county but an
				identification form must be completed for each county included in the plan.
				Line 4 (signature of approving county officials) must be signed by a majority
				of the county commissioners from each county. To be submitted by December 31 of
				each year.
(2) Analysis of county
				needs. County(ies) must analyze and describe the extent of their alcohol and
				drug problems within the county(ies) covered by the plan which includes a
				description of programs or services offered by alcohol and drug programs. To be
				submitted every 4 years with comprehensive plan.
(3) Treatment and rehabilitation. County(
				ies) must list the names and services provided by existing chemical dependency
				programs within the county( ies ). If all service components (detoxification,
				inpatient [hospital and free standing], intermediate-transitional living,
				outpatient) are not available within the county( ies) service area, provisions
				must be made to obtain these services on a referral basis. Planned expansion of
				services should be included in this section as well as delineation of problems
				encountered in delivering services. To be submitted with comprehensive plan
				every 4 years.
(4) Fiscal year
				county action strategy. County( ies) must list programs to receive alcohol tax
				monies during next fiscal year and determine what services each will provide
				and estimate allocation by service component (i.e., detoxification, outpatient,
				etc.) of county funds for each program. To be submitted by December 31 of each
				year.
(5) Prevention. County( ies)
				must assess and describe chemical dependency prevention services available
				within the county( ies) service area. To be submitted every 4 years with
				comprehensive plan.
Sec.
					 53-24-211,
					 MCA; IMP, Sec.
					 53-24-204,
					 53-24-207
					 and
					 53-24-208,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.27 - CHEMICAL DEPENDENCY PROGRAMS › Subchapter 37.27.5 - Chemical Dependency Educational Courses › Rule 37.27.501 - CHEMICAL DEPENDENCY EDUCATIONAL COURSES: COST OF TREATMENT

Current through Register Vol. 13, July 5, 2024
(1) The purpose of this chapter is to
				establish standards for chemical dependency educational courses and the
				approval of those courses pursuant to
				53-24-204,
				MCA.
(2) Only chemical dependency
				treatment programs and facilities approved under
				53-24-208,
				MCA, and ARM
				37.27.101 through
				37.27.136 may receive approval for
				chemical dependency educational courses. Procedures for approval of educational
				courses will be the same as those specified in ARM
				37.27.101 through
				37.27.136.
(3) Chemical dependency
				treatment programs will charge the offender for the educational course
				utilizing the following:
(a) Educational
				courses and 1 year monitoring will be self supporting and fees charged will be
				based on actual costs.
(b) Initial
				fees (as of the effective date of this rule) and future fee increases must be
				reviewed and approved by the department.
(c) Offenders referred to treatment and/or
				monitoring via the assessment process are responsible for the costs of
				treatment and monitoring.