Montana Administrative Code

36.8.112 APPLICATION CONTENT (REPEALED) (REPEALED)

36.8.120 FUNDING BASED ON MERIT (REPEALED) (REPEALED)

36.8.129 CRITERIA FOR SOLICITED PROPOSALS THE RULES THAT WERE TRANSFERRED WERE RENUMBERED AS FOLLOWS: OLD NEW (REPEALED) (REPEALED)

36.9.101 FIRE MANAGEMENT AND FOREST MANAGEMENT BUREAUS All rules of the forestry DIVISION are administered by the fire management and forest management bureaus. Authorizing statute(s): Sec. 2-4-201, MCA Implementing statute(s): Sec. 2-4-201, MCA History: NEW, Eff. 6/4/74; TRANS, …

37.1.101 ORGANIZATION OF THE DEPARTMENT Organization of the Department of Public Health and Human Services. History The Department of Public Health and Human Services was established by 1995 Laws of Montana, Chapter 546. The department is provided for in 2-15-2201, MCA. Director …

37.10.101 DEFINITIONS "POLST" means Provider Orders for Life-Sustaining Treatment, a comprehensive statewide method of identifying a patient's wishes for providing palliative care, medical interventions, or withholding resuscitative measures to terminally ill patients who havea d…

37.10.104 LIVING WILL PROTOCOL FOR EMS PERSONNEL The living will protocol may also be designated the "POLST protocol". Providers may use POLST to implement DNR orders, or the end of life treatment decisions by a patient expressed through a living will or otherwise. For a patient …

37.10.105 SOURCES OF POLST IDENTIFICATION POLST forms, cards, necklaces, and bracelets may be obtained only through: physicians; licensed hospice programs; licensed home health agencies; hospitals; skilled nursing facilities; long term care facilities; and any other entity specif…

37.10.108 DO-NOT-RESUSCITATE PROTOCOL POLST isthe system used by medical professionals to identify and administer appropriate care, including DNR orders, to terminally ill patients. When issuing a DNR order for a patient with a terminal condition, medical professionals are encour…

37.100.101 ADULT FOSTER CARE HOMES (AFCH): PURPOSE The purpose of these rules in this subchapter is to establish licensing requirements for adult foster care homes (AFCH). The purpose of an AFCH is to offer in a home-like safe environment, light personal care, custodial care, and…

37.100.102 ADULT FOSTER CARE HOMES (AFCH): DEFINITIONS "Abuse" means any willful, negligent, or reckless mental, physical, sexual, or verbal mistreatment, or the misappropriation of personal property of any person receiving care in an AFCH. "AFCH" means a private home or other fa…

37.100.105 PROCEDURES FOR OBTAINING SERVICES (REPEALED) Authorizing statute(s): 53-5-304, MCA Implementing statute(s): 53-5-303, MCA History: NEW, Eff. 12/31/72; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; AMD, 1990 MAR p. 2278, Eff. 12/28/90; TRANS, from DFS, 1998 M…

37.100.110 GENERAL (REPEALED) Authorizing statute(s): 53-5-304, MCA Implementing statute(s): 53-5-303, MCA History: NEW, Eff. 12/31/72; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; AMD, 1990 MAR p. 2278, Eff. 12/28/90; TRANS, from DFS, 1998 MAR p. 667; REP, 2014 MAR p…

37.100.119 ADULT FOSTER CARE HOMES (AFCH): APPLICATION OF OTHER RULES To the extent that other licensure rules in ARM Title 37, chapter 106, subchapter 3 conflict with the terms of this subchapter, the terms of this subchapter apply to an AFCH. Authorizing statute(s): 50-5-103, 5…

37.100.120 ADULT FOSTER CARE HOMES (AFCH): LICENSE REQUIRED Every AFCH must be licensed by the department. Any person, group, or corporation that establishes or operates an AFCH without a license from the department is in violation of law and subject to prosecution. Authorizing s…

37.100.121 ADULT FOSTER CARE HOMES (AFCH): LICENSES The department may issue a license for a period of one to three years in duration for an AFCH, under ARM 37.100.121, to any license applicant meeting all of the requirements established by these rules and the governing statutes.…

37.100.122 ADULT FOSTER CARE HOMES (AFCH): LICENSE RESTRICTIONS A license is not subject to sale, assignment, or other transfer, voluntary or involuntary. A license is valid only for the premises and person covered under ARM 37.100.136, for which the original license was issued. …

37.100.125 ADULT FOSTER CARE HOMES (AFCH): LICENSING PROCEDURES An applicant must apply for an AFCH license prior to the operation of such home or prior to the expiration of a current license. Application for a license upon forms provided by the department and accompanied by the …

37.100.130 ADULT FOSTER CARE HOMES (AFCH): LICENSE DENIAL, REVOCATION, OR SUSPENSION The department may deny, revoke, or suspend an AFCH license by written notification to the provider for any of the following reasons: the provider is not in compliance with licensing requirements…

37.100.135 ADULT FOSTER CARE HOMES (AFCH): FAIR HEARING Any person aggrieved by an adverse department action denying, revoking or suspending a license may request a fair hearing in accordance with ARM 37.5.304, 37.5.305, 37.5.307, 37.5.310, 37.5.311, 37.5.313, 37.5.318, 37.5.322,…

37.100.136 ADULT FOSTER CARE HOMES (AFCH): LIMITATIONS ON CARE PROVIDED Except as provided in this rule and pursuant to 50-5-216, MCA, the types of care offered by Adult Foster Care Homes (AFCH) are limited to light personal care, custodial care, and supervision. An adult in the …

37.100.137 ADULT FOSTER CARE HOMES (AFCH): RESIDENT RIGHTS The facility must comply with the Montana Long-Term Care Residents' Bill of Rights, found at 50-5-1101 through 50-5-1107, MCA. This includes the posting of the facility's statement of resident rights in a conspicuous plac…

37.100.138 ADULT FOSTER CARE HOMES (AFCH): BACKGROUND CHECKS The provider, staff, and any adult residing in the home must have a state of Montana criminal background check, and, if applicable, a tribal criminal background check and state protective service background check prior …

37.100.139 DISCHARGE CRITERIA The provider will not discharge or transfer a resident from the AFCH without prior planning, including: providing a written 30-day prior notice to the resident or resident's legal representative; and maintaining a record that includes: the date of di…

37.100.140 ADULT FOSTER CARE HOMES (AFCH): ENVIRONMENTAL REQUIREMENTS The AFCH must be located close to community resources. The AFCH must be accessible to transportation (e.g., bus, train, or car). The AFCH must be in reasonable proximity to shopping areas, churches, senior cent…

37.100.141 ADULT FOSTER CARE HOMES (AFCH): FIRE SAFETY A smoke detector approved by a recognized testing laboratory, which is properly maintained and regularly tested, must be located on each level of the AFCH and in all sleeping areas and common living areas with the exception o…

37.100.145 ADULT FOSTER CARE HOMES (AFCH): OTHER SAFETY REQUIREMENTS Rugs must be attached to the floor or made of nonskid material. Corridors must be well lighted, uncluttered, and at least three feet wide. Stairways and ramps must have sturdy banisters. Open stairways should be…

37.100.146 ADULT FOSTER CARE HOMES (AFCH): EMERGENCY PREPAREDNESS Each AFCH must have written policy and procedures for emergency evacuation to be followed in the case of fire or other emergency. A provider and resident evacuation drill must be conducted at least two times annual…

37.100.149 ADULT FOSTER CARE HOMES (AFCH): ADDITIONAL REQUIREMENTS FOR AN AFCH LICENSED TO SERVE INDIVIDUALS WITH MENTAL ILLESS An AFCH licensed to serve individuals with mental illness must admit only those residents that meet the following admission criteria: be diagnosed with …

37.100.150 ADULT FOSTER CARE HOMES (AFCH): PROGRAM The provider must provide light personal care, custodial care, and supervision for residents, including: A minimum of three regular, nutritious, and well-balanced meals must be served family style per day and a minimum of two sna…

37.100.151 ADULT FOSTER CARE HOMES (AFCH): MEDICATION All residents must self-administer their own medications. The provider is responsible for providing assistance to the resident in taking his medications, including: removing medication from secured storage; providing verbal su…

37.100.152 ADULT FOSTER CARE HOMES (AFCH): ILLNESSES, ACCIDENTS, SERIOUS INCIDENTS, ABSENCES, OR DEATH In case of an accident or sudden illness, the provider must immediately obtain needed care for the resident and notify the resident's legal representative within 24 hours. Any s…

37.100.153 ADULT FOSTER CARE HOMES (AFCH): RECORDS The provider must submit to the department, upon its request, any reports required by federal or state law or regulation. The provider must maintain a record regarding each resident in the home which contains at least the followi…

37.100.157 ADULT FOSTER CARE HOMES (AFCH): THIRD PARTY PROVIDERS It is recognized that residents may require temporary in-home services from third party providers. The following third party services are allowed in an AFCH: If the provider who is the only service provider in the h…

37.100.161 ADULT FOSTER CARE HOMES (AFCH): RESIDENT'S FUNDS Residents must have access to and use of their personal funds. Exceptions are subject to provisions of the resident's case plan. A provider may handle a resident's finances only if no other responsible person is availabl…