reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.1 - Applicable Hearing Procedures › Rule 37.5.101 - APPLICABLE HEARING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) This
				chapter specifies the fair hearing procedures applicable to department actions
				in the various programs administered by the department. This chapter does not
				grant any right to a hearing, but specifies the hearing rules that apply where
				a right to hearing is otherwise granted by law or rule.
50-1-202,
					 53-2-201,
					 53-6-113,
					 MCA; IMP,
					 41-3-1103,
					 41-3-1142,
					 42-10-104,
					 50-1-202,
					 50-4-612,
					 50-5-103,
					 50-6-103,
					 50-6-402,
					 50-15-102,
					 50-15-103,
					 50-15-121,
					 50-15-122,
					 50-31-104,
					 50-52-102,
					 50-53-103,
					 52-1-103,
					 52-2-111,
					 52-3-406,
					 53-2-201,
					 53-2-904,
					 53-4-202,
					 53-4-212,
					 53-4-606,
					 53-4-1004,
					 53-6-111,
					 53-6-113,
					 53-6-131,
					 53-6-402,
					 53-20-305,
					 53-24-208,
					 69-8-412,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.1 - Applicable Hearing Procedures › Rule 37.5.103 - PUBLIC ASSISTANCE, DAYCARE, MEDICAL, LICENSURE, AND REFUGEE ASSISTANCE PROGRAMS: APPLICABLE HEARING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Hearings contesting adverse department
				actions under the programs specified in (1)(a) through (1)(k) are available to
				the extent granted in and according to the provisions of ARM
				37.5.304,
				37.5.305,
				37.5.307,
				37.5.310,
				37.5.311,
				37.5.313,
				37.5.316,
				37.5.322,
				37.5.325,
				37.5.328,
				37.5.331,
				37.5.334, and
				37.5.337, except as otherwise
				provided by department rule.
(a) aging
				services;
(b) daycare benefits,
				except the Child and Adult Food program;
(c) Temporary Assistance for Needy Families
				(TANF);
(d) food stamps;
(e) foster care maintenance
				services;
(f) foster care support
				services;
(g) Low Income Energy
				Assistance Program (LIEAP);
(h) Low
				Income Weatherization Program (LIWAP);
(i) Medical Assistance program
				(Medicaid);
(j) refugee assistance;
				and
(k) licensure and registration
				of daycare centers, family daycare homes, and group daycare homes under Title
				52, chapter 2, part 7, MCA.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.1 - Applicable Hearing Procedures › Rule 37.5.105 - NURSING FACILITY RELATED CASES: APPLICABLE HEARING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Hearings contesting a transfer or
				discharge of a nursing facility resident by a nursing facility are available to
				the extent granted in 42 CFR part 431, subpart E and shall be conducted in
				accordance with ARM
				37.5.304,
				37.5.305,
				37.5.307,
				37.5.310,
				37.5.311,
				37.5.313,
				37.5.316,
				37.5.322,
				37.5.325,
				37.5.328,
				37.5.331,
				37.5.334, and
				37.5.337. A resident shall be
				considered a claimant for purposes of ARM 37.5.304, 37.5.305, 37.5.307,
				37.5.310, 37.5.311, 37.5.313, 37.5.316, 37.5.322, 37.5.325, 37.5.328, 37.5.331,
				37.5.334, and 37.5.337.
(a) Although the
				department is required by federal law to provide a hearing forum for hearings
				contesting a transfer or discharge of a nursing facility resident by a nursing
				facility, the department is not a party to the hearing. The contested action is
				the action of a nursing facility rather than the department. In such cases,
				relief may not be granted against the department.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.1 - Applicable Hearing Procedures › Rule 37.5.107 - STATE INSTITUTIONS, ADMISSION, DISCHARGE, AND ABILITY TO PAY FOR CARE: APPLICABLE HEARING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1)
				Hearings relating to determinations of ability to pay for cost of care in a
				state institution are available to the extent granted in
				53-1-407,
				MCA and shall be conducted in accordance with ARM
				37.5.304,
				37.5.305,
				37.5.307,
				37.5.310,
				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. The resident or
				financially responsible person shall be considered a claimant for purposes of
				ARM 37.5.304, 37.5.305, 37.5.307, 37.5.310, 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.
(2) Persons contesting
				denial of admission to or involuntary discharge from a state institution shall
				have only such rights of appeal or hearing as is specifically granted by
				statute or department rule, including but not limited to ARM
				37.45.501 and
				37.66.130. The provisions of ARM
				37.5.304, 37.5.305, 37.5.307, 37.5.310, 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 do not apply to
				appeals under ARM
				37.45.501 or 37.66.130.
(3) Persons contesting denial of admission to
				or discharge from the Montana Developmental Center and the Eastmont Human
				Services Center shall have such rights of appeal or hearing as provided in ARM
				37.5.117.
53-2-201,
					 53-6-113,
					 MCA; IMP,
					 53-1-407,
					 53-21-402,
					 53-21-411,
					 53-21-413,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.1 - Applicable Hearing Procedures › Rule 37.5.109 - CHEMICAL DEPENDENCY PROGRAM CERTIFICATION: APPLICABLE HEARING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Hearings contesting adverse department
				actions regarding denial, suspension, revocation, limitation or restriction of
				approval of chemical dependency treatment programs, and chemical dependency
				education courses are available to the extent provided and according to the
				procedures specified in ARM
				37.5.304,
				37.5.307,
				37.5.310,
				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. The person or entity
				aggrieved by the adverse department action shall be considered a provider for
				purposes of ARM 37.5.304, 37.5.305, 37.5.307, 37.5.310, 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.
(2) Hearings contesting
				denial, suspension, revocation, limitation or restriction of chemical
				dependency treatment programs under ARM Title 37, chapter 27, subchapter 1
				shall be conducted as provided in ARM
				37.5.117.
53-2-201,
					 53-6-113,
					 MCA; IMP,
					 53-24-208,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.1 - Applicable Hearing Procedures › Rule 37.5.113 - MENTAL HEALTH SERVICES PLAN: APPLICABLE HEARING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Hearings relating to the Mental Health
				Services Plan (MHSP), are available to the extent provided in ARM
				37.89.131. The procedures
				specified in ARM
				37.5.304,
				37.5.307,
				37.5.310,
				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 apply to such hearings,
				subject to the provisions of ARM 37.89.131.
53-2-201,
					 53-6-113,
					 MCA; IMP,
					 53-1-601,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.1 - Applicable Hearing Procedures › Rule 37.5.114 - CHILDREN'S MENTAL HEALTH BUREAU (CMHB) MEDICAID SERVICES: APPLICABLE HEARING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Except as
				otherwise provided in department rule, hearings contesting adverse department
				actions relating to CMHB Medicaid services are available to the extent provided
				and according to the procedures specified in ARM
				37.5.304,
				37.5.305,
				37.5.307,
				37.5.310,
				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, and as further provided
				in the CMHB Medicaid Services Provider Manual, adopted and incorporated by
				reference in ARM
				37.87.903.
AUTH:
					 50-1-202,
					 53-2-201,
					 53-6-113,
					 MCA; IMP:
					 53-1-601,
					 53-1-602,
					 53-1-603,
					 53-2-201,
					 53-6-116,
					 53-21-701,
					 53-21-702,
					 53-21-703,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.1 - Applicable Hearing Procedures › Rule 37.5.116 - INTERMEDIATE CARE FACILITY FOR THE DEVELOPMENTALLY DISABLED (ICF/DD): APPLICABLE HEARING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Hearings
				relating to involuntary transfers and discharge from an intermediate care
				facility for the developmentally disabled are available, subject to the
				following extent:
(a) Involuntary transfer or
				discharge is defined in ARM
				37.106.2805.
(b) A resident may exercise his or her right
				to appeal an involuntary transfer or discharge by submitting a written request
				for fair hearing to the Department of Public Health and Human Services, Office
				of Fair Hearings, P.O. Box 202953, Helena, MT 59620-2953, within 30 days of
				notice of transfer or discharge.
(c) The parties to a hearing regarding a
				contested transfer or discharge are the facility and the resident contesting
				the transfer or discharge. The department is not a party to such a proceeding
				and relief may not be granted to either party against the department in a
				hearing regarding a contested transfer or discharge.
(d) Hearings regarding a contested transfer
				or discharge shall be conducted in accordance with ARM
				37.5.304,
				37.5.305,
				37.5.307,
				37.5.313,
				37.5.322,
				37.5.325,
				37.5.334 and a resident shall be
				considered a claimant for purposes of these rules.
(e) The request for appeal of a transfer or
				discharge does not automatically stay the decision of the facility to transfer
				or discharge the resident. The hearing officer may, for good cause shown, grant
				a resident's request to stay the facility's decision pending a
				hearing.
(f) The hearing officer's
				decision following a hearing shall be the final decision for the purposes of
				judicial review under ARM 37.5.334.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.1 - Applicable Hearing Procedures › Rule 37.5.118 - DETERMINATIONS OF REPORTS OF CHILD ABUSE OR NEGLECT: APPLICABLE HEARING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Hearings
				contesting substantiated reports of child abuse, neglect or exploitation are
				available to the extent provided in ARM
				37.47.610. The procedures
				specified in ARM
				37.5.304,
				37.5.307,
				37.5.313,
				37.5.322,
				37.5.325,
				37.5.328,
				37.5.331,
				37.5.334, and
				37.5.337 apply to such hearings,
				subject to the limitations specified in ARM
				37.47.615.
(2) No hearing is available for child abuse
				or neglect reports that are determined as unfounded, unsubstantiated, or
				founded.
AUTH:
					 2-4-201,
					 41-3-208,
					 MCA; IMP:
					 2-4-201,
					 2-4-612,
					 41-3-203,
					 41-3-204,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.1 - Applicable Hearing Procedures › Rule 37.5.119 - LONG-TERM CARE FACILITY CERTIFICATE OF NEED: APPLICABLE HEARING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Hearings relating to a long-term care
				facility certificate of need are available to the extent granted and as
				provided in
				50-5-306,
				MCA, ARM 37.106.115, and
				37.106.120. The provisions of ARM
				37.5.304,
				37.5.307,
				37.5.310,
				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 do not apply to such
				hearings.
(2) Hearings relating to
				a long-term care facility certificate of need will be conducted in person in
				Helena, Montana, at a location designated by the department, unless the parties
				mutually agree to conduct the hearing telephonically.
AUTH:
					 53-2-201,
					 53-6-113,
					 MCA; IMP:
					 50-5-306,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.1 - Applicable Hearing Procedures › Rule 37.5.121 - WOMEN, INFANTS, CHILDREN (WIC) PROGRAM: APPLICABLE HEARING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Hearings relating to the Women, Infants,
				Children (WIC) program are available to the extent provided in and according to
				the procedures specified in ARM Title 37, chapter 59. The provisions of ARM
				37.5.304,
				37.5.307,
				37.5.310,
				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 do not apply to such
				hearings.
50-1-202,
					 53-2-201,
					 MCA; IMP,
					 50-1-202,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.1 - Applicable Hearing Procedures › Rule 37.5.123 - CHILD AND ADULT CARE FOOD PROGRAM (CACFP): APPLICABLE ADMINISTRATIVE REVIEW (APPEAL) PROCEDURES FOR INSTITUTIONS, RESPONSIBLE PRINCIPALS, AND RESPONSIBLE INDIVIDUALS

Current through Register Vol. 13, July 5, 2024
(1) Administrative
				reviews (appeals) are available to the extent granted in
				7 CFR
				226.6. The provisions of ARM
				37.5.304,
				37.5.307,
				37.5.310,
				37.5.311,
				37.5.313,
				37.5.316,
				37.5.318,
				37.5.322,
				37.5.325,
				37.5.331,
				37.5.334, and
				37.5.337 do not apply to such
				administrative reviews.
(2) An
				administrative review of adverse actions will be limited to a review of the
				written information, federal policies, 7 CFR 226, state laws, and
				administrative rules, policies and procedures governing the program unless the
				affected institution or its responsible principals or individuals request a
				hearing in addition to, or in lieu of, a review of written
				information.
(3) A notice of action
				from the department to the institution and responsible principals and
				individuals will be issued as required by
				7 CFR
				226.6 (k). The notice of action required by
				7 CFR
				226.6 (k) must state that in the event the
				institution or responsible principals and individuals choose an administrative
				review of an action, a hearing will be held by the review official in addition
				to, or in lieu of, a review of written information, only if the institution or
				the responsible principals or individuals so requests in the letter requesting
				an administrative review.
(4) An
				administrative review will be conducted in person in Helena, Lewis and Clark
				County, Montana, at a location designated by the Office of Fair Hearings,
				unless the parties mutually agree to conduct the administrative review
				telephonically.
(5) The written
				request for an administrative review must be received by the Office of Fair
				Hearings within 15 calendar days of the date of receipt of the notice of action
				by the institution or, in the event of a serious deficiency, the date of
				receipt by the responsible principals and individuals.
50-1-202,
					 MCA; IMP,
					 50-1-202,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.1 - Applicable Hearing Procedures › Rule 37.5.125 - VOCATIONAL REHABILITATION AND BLIND AND LOW VISION SERVICES PROGRAMS: APPLICABLE HEARING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Hearings
				relating to the provision of vocational rehabilitation services inclusive of
				the Blind and Low Vision Services program are available to the extent granted
				and as provided in ARM
				37.30.1401 and in ARM
				37.30.2310. The provisions of ARM
				37.5.307,
				37.5.310,
				37.5.311,
				37.5.316,
				37.5.328, and
				37.5.331 do not apply to such
				hearing
53-2-201,
					 53-6-113,
					 53-7-102,
					 53-7-206,
					 53-7-315,
					 MCA; IMP,
					 53-7-102,
					 53-7-106,
					 53-7-206,
					 53-7-314,
					 53-7-315,
					 53-19-112,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.1 - Applicable Hearing Procedures › Rule 37.5.127 - TELECOMMUNICATIONS ACCESS PROGRAM: APPLICABLE HEARING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Hearings relating to the
				Telecommunications Access program are available to the extent granted and as
				provided in ARM
				37.36.901 and
				37.36.902. The provisions of ARM
				37.5.304,
				37.5.307,
				37.5.310,
				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 do not apply to such
				hearings.
53-2-201,
					 53-6-113,
					 MCA; IMP,
					 53-19-305,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.1 - Applicable Hearing Procedures › Rule 37.5.129 - CHILD SUPPORT SERVICES: APPLICABLE HEARING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Hearings relating to child support
				services matters are available to the extent granted and as provided in ARM
				Title 37, chapter 62, subchapter 9. Unless specifically referenced in that
				subchapter, the provisions of any other rule do not apply to such
				hearings.
AUTH:
					 53-2-201,
					 MCA; IMP:
					 17-4-105,
					 40-5-202,
					 40-5-262,
					 40-5-273,
					 40-5-405,
					 40-5-713,
					 40-5-825,
					 40-5-906,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.1 - Applicable Hearing Procedures › Rule 37.5.131 - DEPARTMENT HEARING PROCEDURES, SCOPE, AND SUBORDINATION TO CERTAIN OTHER LAW

Current through Register Vol. 13, July 5, 2024
(1) There is no
				right to a hearing in any matter except as specifically provided by law,
				including department rule.
(2)
				There is no right to a hearing in a contract dispute between the department and
				any other person or entity except as specifically provided by the terms of the
				contract or as specifically provided by state law.
(3) The rules in this chapter are subject to
				the provisions of any applicable federal statute or regulation, whether now in
				existence or hereafter adopted.
(4)
				The rules in this chapter are subject to any other provision of Montana statute
				or department rule applicable to the particular program or matter at
				issue.
50-1-202,
					 53-2-201,
					 53-6-113,
					 MCA; IMP,
					 41-3-1103,
					 41-3-1142,
					 42-10-104,
					 50-1-202,
					 50-4-612,
					 50-5-103,
					 50-6-103,
					 50-6-402,
					 50-15-102,
					 50-15-103,
					 50-15-121,
					 50-15-122,
					 50-31-104,
					 50-52-102,
					 50-53-103,
					 52-1-103,
					 52-2-111,
					 53-2-201,
					 53-2-904,
					 53-3-406,
					 53-4-202,
					 53-4-212,
					 53-4-606,
					 53-4-1004,
					 53-6-111,
					 53-6-113,
					 53-6-131,
					 53-6-402,
					 53-20-305,
					 53-24-208,
					 69-8-412,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.3 - Formal and Informal Hearing and Appeal Procedures › Rule 37.5.301 - APPLICABILITY

Current through Register Vol. 13, July 5, 2024
(1) This rule and
				ARM 37.5.304,
				37.5.307,
				37.5.310,
				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 apply only to hearings in
				the program areas specified in ARM
				37.5.101,
				37.5.103,
				37.5.105,
				37.5.107,
				37.5.109,
				37.5.113,
				37.5.115,
				37.5.117,
				37.5.119,
				37.5.121,
				37.5.123,
				37.5.125,
				37.5.127,
				37.5.129,
				37.5.131,
				37.5.301, and must not be
				construed to grant a right to hearing in any other matter.
(2) The provisions of this rule, ARM
				37.5.304, 37.5.305, 37.5.307, 37.5.310, 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 are subject to
				the provisions of ARM 37.5.101, 37.5.103, 37.5.105, 37.5.107, 37.5.109,
				37.5.113, 37.5.115, 37.5.117, 37.5.119, 37.5.121, 37.5.123, 37.5.125, 37.5.127,
				37.5.129, and 37.5.131.
(3) Where a
				right to a hearing is granted in ARM 37.5.103, 37.5.105, 37.5.107, 37.5.109,
				37.5.113, 37.5.115, 37.5.117, 37.5.119, 37.5.121, 37.5.123, 37.5.125, 37.5.127,
				37.5.129, or any other rule of the department, the right to hearing is not
				absolute but is subject to all applicable provisions of these rules and other
				applicable law.
AUTH:
					 50-1-202,
					 53-2-201,
					 53-6-113,
					 MCA; IMP:
					 41-3-1103,
					 41-3-1142,
					 42-10-104,
					 50-1-202,
					 50-4-612,
					 50-5-103,
					 50-6-103,
					 50-6-402,
					 50-15-102,
					 50-15-103,
					 50-15-121,
					 50-15-122,
					 50-31-104,
					 50-52-102,
					 50-53-103,
					 52-1-103,
					 52-2-111,
					 52-3-406,
					 53-2-201,
					 53-2-904,
					 53-4-202,
					 53-4-212,
					 53-4-606,
					 53-4-1004,
					 53-6-111,
					 53-6-113,
					 53-6-131,
					 53-6-402,
					 53-20-305,
					 53-24-208,
					 69-8-412,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.3 - Formal and Informal Hearing and Appeal Procedures › Rule 37.5.305 - APPLICABILITY OF NOTICE REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) This
				rule, ARM 37.5.503 and
				37.5.505 apply only to claimants
				under the following programs:
(a)
				Developmental Disabilities program;
(b) Temporary Assistance for Needy Families
				(TANF);
(c) food stamps;
(d) Medical Assistance program
				(Medicaid);
(e) Low Income Energy
				Assistance Program (LIEAP);
(f) Low
				Income Weatherization Program (LIWAP);
(g) mental health managed care
				services;
(h) refugee
				assistance;
(i) daycare benefits,
				except child and adult food care;
(j) foster care maintenance
				services;
(k) foster care support
				services; and
(l) any other program
				as provided by department rule.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.3 - Formal and Informal Hearing and Appeal Procedures › Rule 37.5.307 - OPPORTUNITY FOR HEARING

Current through Register Vol. 13, July 5, 2024
(1) A claimant who
				is aggrieved by an adverse action of the department will be afforded the
				opportunity for a hearing as provided in this chapter.
(2) A request for a hearing is any clear
				written expression by the claimant or an authorized representative to contest
				an adverse action, except that a request for hearing concerning food stamp
				benefits may be oral.
(3) The
				freedom to request a hearing must not be interfered with in any way. The local
				office of public assistance or child care resource and referral agency will
				assist a claimant who seeks help in requesting a hearing.
(4) A request for a hearing by a claimant
				must be received by the department within 90 days from the date of mailing of
				notice of the adverse action, except as otherwise provided in these
				rules.
(5) A hearing request from a
				claimant must be received in writing within 30 days of the date of mailing of
				notice of the adverse action regarding:
(a) a
				department determination of ability to pay for the cost of care in an
				institution under
				53-1-405,
				MCA;
(b) a nursing facility's
				transfer or discharge of a nursing facility resident;
(c) a substantiated report of child abuse,
				neglect, or exploitation; or
(d) a
				proposal by the department to file a lien under
				53-6-171,
				MCA.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.3 - Formal and Informal Hearing and Appeal Procedures › Rule 37.5.311 - INFORMAL RECONSIDERATION

Current through Register Vol. 13, July 5, 2024
(1) A provider
				or other person may request an informal reconsideration of a department action
				in the following cases:
(a) where the hearing
				is to be held after the effective date of a denial, termination, or nonrenewal
				of enrollment, certification, or registration;
(b) where the department intends to withhold
				or suspend payments to a medical assistance provider pursuant to ARM
				37.85.513; or
(c) as otherwise provided by department
				rule.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.3 - Formal and Informal Hearing and Appeal Procedures › Rule 37.5.313 - DISMISSAL OF HEARING

Current through Register Vol. 13, July 5, 2024
(1) A hearing may
				be dismissed when:
(a) the request for a
				hearing is withdrawn by the claimant or provider or his representative:
(i) except as provided in (1)(a)(ii), the
				request for hearing must be withdrawn in writing;
(ii) a request for hearing contesting an
				adverse department action under the Food Stamp program or the Temporary
				Assistance for Needy Families (TANF) Financial Assistance program may be
				withdrawn by oral request of the claimant;
(iii) within ten days of an oral request
				under (1)(a)(ii) the hearing officer must provide a written notice to the
				claimant confirming the withdrawal request and providing the claimant with an
				opportunity to reinstate the hearing request as provided in
				(1)(a)(iv);
(iv) a hearing request
				that was orally withdrawn under (1)(a)(ii) may be reinstated if the claimant
				notifies the office of fair hearings within ten days of receiving the
				confirmation of dismissal under (1)(a)(iii);
(v) if a hearing request is reinstated under
				(1)(a)(iv), the hearing must be completed within the time frames required by
				federal law;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.3 - Formal and Informal Hearing and Appeal Procedures › Rule 37.5.316 - CONTINUATION OF PUBLIC ASSISTANCE BENEFITS

Current through Register Vol. 13, July 5, 2024
(1)
				This rule regarding continuation of benefits applies only to benefits under the
				following programs:
(a) TANF cash
				assistance;
(b) food stamps;
				and
(c) Medicaid, subject to
				(2).
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.3 - Formal and Informal Hearing and Appeal Procedures › Rule 37.5.318 - ADMINISTRATIVE REVIEW

Current through Register Vol. 13, July 5, 2024
(1) Upon the
				request for a hearing by a claimant or a provider, other than a medical
				assistance provider, the department shall conduct an administrative review with
				the purpose of resolving the case and avoiding an unnecessary hearing. This
				review may be conducted in person or by telephone. In person reviews shall be
				conducted at a place designated by the reviewer and reasonably convenient to
				the claimant or as designated by the hearing officer.
(a) No administrative review is required by
				this rule:
(i) if the department provides by
				other rule for an administrative review or other substantially equivalent
				process prior to a hearing request. If the department provides by rule for such
				a process, a hearing may not be granted unless the claimant or provider has
				exhausted the process in a timely manner; or
(ii) in any of the following matters:
(A) hearings pursuant to ARM
				37.5.105 contesting a transfer or
				discharge of a nursing facility resident by a nursing facility;
(B) hearings pursuant to the Youth Access to
				Tobacco Act, Title 16, chapter 11, part 3, MCA;
(C) as otherwise provided by department
				rule.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.3 - Formal and Informal Hearing and Appeal Procedures › Rule 37.5.322 - HEARING OFFICER, POWERS, AND DUTIES

Current through Register Vol. 13, July 5, 2024
(1) A
				hearing shall be conducted by an impartial individual appointed or hired by the
				department as hearing officer who has had no direct involvement in the initial
				determination of the adverse action.
(2) The hearing officer may:
(a) require the furnishing of such
				information, the attendance of witnesses, depositions upon oral examination or
				written questions, written interrogatories, and the production of such books,
				records, papers, documents, and other objects as may be necessary and proper
				for purposes of the hearing. For this purpose, the hearing officer may, and
				upon request of any party to a hearing, shall issue subpoenas for witnesses or
				subpoenas duces tecum;
(b) except
				in a hearing to which the department is not a party, order the department or,
				where appropriate, the local office to pay witness fees, mileage and other
				actual and necessary expenses as provided under the Rules of Civil Procedure
				for district courts of the state of Montana of a witness subpoenaed at the
				request of a claimant if, in the judgment of the hearing officer, the testimony
				of that witness is essential to the claimant's case;
(c) disqualify himself at any time on the
				filing of a timely and sufficient affidavit of personal bias or other
				disqualification;
(d) direct the
				parties to appear and confer in a prehearing conference to consider definition
				and simplification of the issues or other matters to aid in the orderly and
				efficient conduct of the hearing;
(e) allow, for good cause shown, a third
				party to represent a claimant as an authorized representative in those
				instances where written authorization of the claimant is not
				obtainable;
(f) grant a continuance
				at the request of a party for good cause shown or with the consent of all
				parties;
(g) take judicial notice
				of state and federal laws and regulations and facts within the general
				knowledge of the public;
(h) grant
				summary judgment according to the provisions of Rule 56, Montana Rules of Civil
				Procedure; and
(i) require a party
				to comply with reasonable and appropriate orders or requests not in conflict
				with these rules and necessary to assure the orderly conduct of prehearing and
				hearing procedures or to avoid unnecessary proceedings or expense.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.3 - Formal and Informal Hearing and Appeal Procedures › Rule 37.5.325 - HEARING PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) A claimant's
				hearing shall be conducted:
(a) by telephone
				conference, unless a party to the hearing requests an in-person hearing;
				and
(b) at a reasonable time and
				date.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.3 - Formal and Informal Hearing and Appeal Procedures › Rule 37.5.328 - PROPOSAL FOR DECISION BY HEARING OFFICER

Current through Register Vol. 13, July 5, 2024
(1)
				The proposal for decision shall:
(a) be based
				on the facts and evidence admitted in the hearing record as applied to
				pertinent state and federal law and regulation;
(b) consist of proposed findings of fact,
				proposed conclusions of law, and a recommended order; and
(c) include a statement of a party's right to
				request an appeal or review of the decision according to law.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.3 - Formal and Informal Hearing and Appeal Procedures › Rule 37.5.331 - NOTICE OF APPEAL AND REVIEW OF PROPOSAL FOR DECISION

Current through Register Vol. 13, July 5, 2024
(1) If a party is aggrieved by an adverse
				proposal for decision, a request for review may be made by filing notice of
				appeal in accordance with this rule.
(2) The notice of appeal must be made to and
				shall be decided by the Board of Public Assistance, Department of Public Health
				and Human Services, Office of Fair Hearings, P.O. Box 202953, Helena, MT
				59620-2953 in cases arising from the following programs:
(a) Temporary Assistance for Needy Families
				(TANF);
(b) food stamps;
(c) Medicaid;
(d) developmental disabilities
				services;
(e) Low Income Energy
				Assistance Program (LIEAP);
(f) Low
				Income Weatherization Assistance Program (LIWAP);
(g) refugee assistance;
(h) mental health services plan;
				and
(i) Healthy Montana Kids
				(HMK).
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.3 - Formal and Informal Hearing and Appeal Procedures › Rule 37.5.334 - JUDICIAL REVIEW

Current through Register Vol. 13, July 5, 2024
(1) A party who is
				aggrieved by a final decision may seek judicial review of that decision by
				filing a petition in district court within 30 days after service of the final
				decision as provided in
				2-4-702,
				MCA.
53-2-201,
					 53-2-606,
					 53-4-212,
					 53-6-113,
					 53-7-102,
					 MCA; IMP,
					 53-2-201,
					 53-3-113,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.3 - Formal and Informal Hearing and Appeal Procedures › Rule 37.5.337 - AVAILABILITY OF HEARING RECORDS

Current through Register Vol. 13, July 5, 2024
(1) The
				proposal for decision, the verbatim transcript, if requested by a party, all
				exhibits, papers and requests filed in the proceeding, and, if applicable, the
				decision of the board or the director or the director's designee on review
				under ARM 37.5.331 and of a court on any
				subsequent judicial review shall constitute the exclusive record. The record
				shall be available to the claimant for inspection and copying at a place
				accessible to him at a reasonable time.
(2) All hearing decisions shall be available
				to the public for inspection and copying, except that the names and addresses
				and any other identifying information of claimants shall be kept
				confidential.
53-2-201,
					 53-2-606,
					 53-4-212,
					 53-6-113,
					 53-7-102,
					 MCA; IMP,
					 53-2-201,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.5 - Notice Requirements for Public Assistance Programs › Rule 37.5.503 - NOTICE UPON APPLICATION FOR PUBLIC ASSISTANCE

Current through Register Vol. 13, July 5, 2024
(1) At the time of application for benefits
				administered by the department, including but not limited to Temporary
				Assistance for Needy Families (TANF), food stamps, Medicaid, LIEAP, LIWAP,
				refugee assistance, and daycare benefits, a claimant shall be informed in
				writing of:
(a) the claimant's right to a
				hearing;
(b) how a hearing may be
				obtained;
(c) the right to
				representation by legal counsel, relative, friend, or other
				spokesman;
(d) notice of the
				possible penalties for intentional program violations; and
(e) any other information specifically
				required by applicable law, including department rule.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.5 - Notice Requirements for Public Assistance Programs › Rule 37.5.505 - NOTICE UPON ADVERSE PUBLIC ASSISTANCE ACTION

Current through Register Vol. 13, July 5, 2024
(1) Upon an adverse action by the department
				affecting benefits administered by the department, including but not limited to
				Temporary Assistance for Needy Families (TANF), food stamps, Medicaid, LIEAP,
				LIWAP, refugee assistance, and daycare benefits, the claimant shall be provided
				adequate and timely notice.
(a) This rule
				applies only to adverse actions against claimants;
(b) Notice and hearing rights of providers
				are governed by ARM
				37.5.307; and
(c) This rule shall not be construed to
				require notice to a claimant when the department provides notice to a
				provider.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.6 - Certification of Long Term Care Facilities Informal Dispute Resolution › Rule 37.5.601 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of ARM
				37.5.601 through
				37.5.615 is to supplement those
				provisions of the Code of Federal Regulations (CFR) which provide the
				requirements nursing facilities must meet in order to participate in the
				Medicaid program, and which govern the certification of these facilities by the
				state survey agency for participation in the Medicaid program.
(2) All nursing facilities must be certified
				by the state survey agency in order to participate in the Medicaid program and
				receive reimbursement from that program. Nursing facilities must comply with
				the applicable provisions of 42 CFR parts 442, 483 and 488, updated through
				February 2004 as well as the definitions and standards outlined in this
				chapter. The department adopts and incorporates by reference 42 CFR parts 442,
				483 and 488, updated through February 2004. A copy of the cited requirements is
				available from the Department of Public Health and Human Services, Quality
				Assurance Division, 2401 Colonial Drive, P.O. Box 202953, Helena, MT
				59620-2953.
(3) The state survey
				agency shall apply the applicable provisions of 42 CFR parts 442, 483 and 488,
				updated through February 2004, as well as the definitions and standards
				outlined in this chapter to both the survey and certification process and the
				informal dispute resolution process when issuing or reviewing a deficiency
				citation to a nursing facility.
53-6-109,
					 53-6-113,
					 MCA; IMP,
					 53-6-106,
					 53-6-109,
					 53-6-113,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.6 - Certification of Long Term Care Facilities Informal Dispute Resolution › Rule 37.5.602 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definitions shall apply to nursing facilities
				  participating in the Medicaid program, and to the certification of nursing
				  facilities for participation in the Medicaid program by the state survey
				  agency, as provided for at 42 CFR parts 442, 483 and 488. The following
				  definitions shall also be applicable to the informal dispute resolution process
				  required by
				  42 CFR
				  488.331, and outlined in this subchapter.
				  These definitions are in addition to those found in the CFR:
(1) "Actual harm" means the facility's
				failure to comply with any federal or state standard or condition for
				participation in the Medicaid program resulted in harm to a resident in one of
				the following ways:
(a) an identifiable and
				substantial impairment of cognitive or psychological functioning or emotional
				well being;
(b) an identifiable and
				substantial impairment of any bodily organ or function;
(c) permanent or temporary disfigurement;
				or
(d) death.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.6 - Certification of Long Term Care Facilities Informal Dispute Resolution › Rule 37.5.606 - INFORMAL DISPUTE RESOLUTION FACILITY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A request for informal dispute resolution
				must be in writing and either received by the department or postmarked within
				ten calendar days of the facility's receipt of the state survey agency's
				written deficiency citations. The department will accept timely applications by
				fax.
(2) A facility's failure to
				submit a timely request for informal dispute resolution shall be deemed a
				waiver of the facility's right to request informal dispute resolution, and the
				department shall be entitled to deny any request for informal dispute
				resolution which is not either received by the department or postmarked within
				ten calendar days following the facility's receipt of the state survey agency's
				written deficiency citations.
(3)
				Requests for an informal dispute resolution must be mailed or delivered to the
				Office of Fair Hearings, 2401 Colonial Drive, P.O. Box 202953, Helena, MT
				59620-2953 or faxed to the attention of the Office of Fair Hearings at (406)
				444-3980.
(4) The written request
				for an informal dispute resolution must:
(a)
				list the specific survey deficiency citation(s) being disputed and briefly
				summarize the facility's objections to each survey deficiency
				citation;
(b) specify whether the
				facility desires:
(i) a record
				review;
(ii) a telephone
				conference; or
(iii) an in-person
				conference;
(c) provide
				the name, address, and telephone number of the person who is coordinating the
				informal dispute resolution for the facility; and
(d) specify whether legal counsel will
				represent the facility at the informal dispute resolution, so that the
				department may arrange for legal representation as well. The informal dispute
				resolution will be cancelled and rescheduled if the facility does not notify
				the presiding official in its request for informal dispute resolution that it
				will be represented by legal counsel, but subsequently appears at the informal
				dispute resolution with legal counsel.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.6 - Certification of Long Term Care Facilities Informal Dispute Resolution › Rule 37.5.607 - INFORMAL DISPUTE RESOLUTION STATE SURVEY AGENCY RESPONSIBILITIES

Current through Register Vol. 13, July 5, 2024
(1) The state survey agency shall not
				interfere with the right of a facility to request an informal dispute
				resolution.
(2) The state survey
				agency must give the facility notice of the facility's right to request
				informal dispute resolution at the same time that written deficiency
				citation(s) findings are sent. This notice must inform the facility of:
(a) the name, address and telephone number of
				the person the facility must contact to request informal dispute
				resolution;
(b) the specific
				information that must be contained in the facility request for informal dispute
				resolution, as specified in ARM
				37.5.606;
(c) the name and/or the position title of the
				person who will conduct the informal dispute resolution, if known;
				and
(d) a statement that the
				facility must inform the presiding official of its intent to be represented by
				legal counsel as specified in ARM
				37.5.606(4).
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.6 - Certification of Long Term Care Facilities Informal Dispute Resolution › Rule 37.5.610 - INFORMAL DISPUTE RESOLUTION PROCESS

Current through Register Vol. 13, July 5, 2024
(1) Upon
				receipt by the department of a timely written request for informal dispute
				resolution complying with the requirements of this chapter, the department
				shall designate an individual who was not directly involved in the
				certification survey for which informal dispute resolution was requested to
				serve as the presiding official.
(2) If the facility has requested an
				in-person or telephone conference, the presiding official will schedule the
				informal dispute resolution conference and provide at least ten calendar days
				advance notice to the facility and state survey agency of the date, time and
				place or telephone conference call information set for the informal dispute
				resolution. Each party to the informal dispute resolution shall be given one
				reasonable opportunity to reschedule a telephonic or in-person informal dispute
				resolution conference.
(3) If the
				facility has requested a record review, the presiding official will set a
				deadline for submission of substantiating or relevant information and materials
				by the facility and the state survey agency.
(4) All in-person conferences will be held in
				Helena, Montana.
(5) All facility
				costs associated with the informal dispute resolution process, including, but
				not limited to, witness and attorney fees, shall be borne by the facility,
				regardless of the outcome of the informal dispute resolution.
(6) The presiding official will conduct the
				informal dispute resolution conference in a way that allows for an orderly
				presentation of facts. The presiding official may:
(a) limit testimony and/or rebuttal of
				information by either the facility or the state survey agency that is
				irrelevant, redundant or beyond the scope of the informal dispute
				resolution;
(b) determine whether
				facility and state survey agency witnesses will be allowed to ask each other
				questions and limit those questions in accordance with (6)(a);
(c) ask questions as deemed
				appropriate;
(d) request additional
				documentation; and
(e) permit a
				facility or the state survey agency to submit additional substantiating
				materials at the informal dispute resolution in the case of an in-person or
				telephone conference, or after the deadline set by the presiding official in
				the case of a record review, but only if the presiding officer is satisfied
				that, despite diligent efforts, the facility or the state survey agency was
				unable to comply with the time limits for submission of materials established
				by this chapter. All additional substantiating materials presented must meet
				the requirements of ARM
				37.5.606, and two copies of the
				materials must be presented, one for the presiding official and one for the
				other party.