Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.2 - DEPARTMENT PROCEDURES › Subchapter 37.2.5 - Self-sufficiency Trusts › Rule 37.2.502 - SELF-SUFFICIENCY TRUSTS: DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purposes of these rules, the following definitions
				  apply:
(1) "Department" means the
				department of public health and human services provided for in Title 2, chapter
				15, part 22, MCA.
(2) "Department
				funded services" means services and items normally purchased by the department
				for recipients of its programs. Department funded services are typically
				provided by a service provider through a contract with the department or by fee
				reimbursement from the department. The term also includes services provided by
				a service provider through a contract with the department of corrections or by
				free reimbursement from the department of corrections.
(3) "Beneficiary" means a person who is
				eligible to be a beneficiary of a self-sufficiency trust as provided in ARM
				37.2.503.
(4) "Life care plan" means a written plan
				established to govern the provision of supplemental services purchased with the
				monies of a self-sufficiency trust.
(5) "Person with a disability" means a
				disabled person as defined at 45 USC 1382 c(a) (3) (1995) who has a medically
				determinable physical or mental impairment which can be expected to result in
				death or which has lasted or can be expected to last for a continuous period of
				not less than 12 months. 45 USC 1382 c(a) (3) (1995) is a federal statute that
				is adopted and incorporated by this reference. A copy of the cited regulation
				is available upon request from the Department of Public Health and Human
				Services, Office of Legal Affairs, 111 N. Sanders, P.O. Box 4210, Helena, MT
				59604-4210.
(6) "Self-sufficiency
				trust", as defined at
				53-18-101(2),
				MCA, means a trust to benefit a person with a disability established, held and
				managed by a nonprofit corporation that is a 501(c) (3) organization under the
				United States Internal Revenue Code of 1954, as amended, and that is organized
				under the Montana Nonprofit Corporation Act, Title 35, chapter 2, MCA. The
				corporation must have as one of its principal purposes the use of trust monies
				for the care and treatment of a person or persons with disabilities who are or
				could be the recipients of department funded services. The monies of individual
				self-sufficiency trusts may be pooled together by a nonprofit corporation for
				management and investment purposes.
(7) "Self-sufficiency trust account" means
				the account established by the state for the purpose of receiving monies from
				self-sufficiency trusts for the purchase of supplemental services by the state
				for eligible beneficiaries.
(8)
				"Service provider" means a person or corporation that provides department
				funded services or supplemental services to a beneficiary.
(9) "Special charitable account" means the
				account within the state's self-sufficiency trust account established for the
				purpose of receiving charitable donations to fund services for persons who have
				developmental disabilities, mental illness and physical disabilities or who are
				otherwise eligible for department services, as defined by the
				department.
(10) "Supplemental
				services" means services and items that are in addition to the department
				funded services an eligible beneficiary is receiving from the
				department.
Sec.
					 53-2-201
					 and
					 53-18-103,
					 MCA; IMP, Sec.
					 53-18-101,
					 53-18-102,
					 53-18-103,
					 53-18-104
					 and
					 53-18-105,
					 MCA;