Montana Administrative Code

37.106.112 INFORMATIONAL HEARING PROCEDURES Any affected person may request an informational hearing to be held during the course of the review period by writing to the department. The department may also hold a hearing on its own initiative. Whenever an application is received b…

37.106.1120 MEDICAL ASSISTANCE FACILITIES: NURSING SERVICES (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): S50-5-101, 50-5-103, 50-5-204, MCA History: NEW, 1989 MAR p. 663, Eff. 4/28/89; TRANS, from DHES, 2002 MAR p. 185; REP, 2022 MAR p. 1876, Eff. 9/2…

37.106.1121 MEDICAL ASSISTANCE FACILITIES: PHARMACEUTICAL SERVICES (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-101, 50-5-103, 50-5-204, MCA History: NEW, 1989 MAR p. 663, Eff. 4/28/89; TRANS, from DHES, 2002 MAR p. 185; REP, 2022 MAR p. 1876, Ef…

37.106.1122 MEDICAL ASSISTANCE FACILITIES: RADIOLOGIC SERVICES (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-101, 50-5-103, 50-5-204, MCA History: NEW, 1989 MAR p. 663, Eff. 4/28/89; TRANS, from DHES, 2002 MAR p. 185; REP, 2022 MAR p. 1876, Eff. 9…

37.106.1123 MEDICAL ASSISTANCE FACILITIES: LABORATORY SERVICES (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-101, 50-5-103, 50-5-204, MCA History: NEW, 1989 MAR p. 663, Eff. 4/28/89; TRANS, from DHES, 2002 MAR p. 185; REP, 2022 MAR p. 1876, Eff. 9…

37.106.1124 MEDICAL ASSISTANCE FACILITIES: FOOD AND DIETETIC SERVICES (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-101, 50-5-103, 50-5-204, MCA History: NEW, 1989 MAR p. 663, Eff. 4/28/89; TRANS, from DHES, 2002 MAR p. 185; REP, 2022 MAR p. 1876,…

37.106.113 CRITERIA AND FINDINGS The criteria listed in (a) through (k) are statutory criteria required by 50-5-304, MCA, and will be considered by the department in making its decision: the degree to which the proposal being reviewed: demonstrates that the service is needed by t…

37.106.1130 MEDICAL ASSISTANCE FACILITIES: OUTPATIENT SERVICES (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-101, 50-5-103, 50-5-204, MCA History: NEW, 1989 MAR p. 663, Eff. 4/28/89; TRANS, from DHES, 2002 MAR p. 185; AMD, 2011 MAR p. 578, Eff. 4/…

37.106.1131 MEDICAL ASSISTANCE FACILITIES: EMERGENCY SERVICES (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-101, 50-5-103, 50-5-204, MCA History: NEW, 1989 MAR p. 663, Eff. 4/28/89; AMD, 1994 MAR p. 2833, Eff. 10/28/94; TRANS, from DHES, 2002 MAR …

37.106.1132 MEDICAL ASSISTANCE FACILITIES: THIRD-PARTY SERVICES (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-101, 50-5-103, 50-5-204, MCA History: NEW, 1989 MAR p. 663, Eff. 4/28/89; TRANS, from DHES, 2002 MAR p. 185; REP, 2022 MAR p. 1876, Eff. …

37.106.114 DEPARTMENT DECISION If the department fails to reach and issue a decision within the deadlines established by 50-5-302 , MCA, a certificate of need will not automatically issue unless the delay is due to an abuse of discretion by the department and the applicant obtain…

37.106.115 APPEAL PROCEDURES Any affected person who requests a hearing to reconsider the department's decision must submit a check for $500 to the department along with the request. No hearing will be scheduled or held unless the department has received the fee. Immediately afte…

37.106.120 DURATION OF CERTIFICATE: TERMINATION; EXTENSION The department may, after notice and opportunity for a hearing, suspend or revoke a certificate of need upon a finding that the holder of the certificate is in violation of the certificate of need law, this chapter, or th…

37.106.121 INCREASE IN CERTIFIED COST The recipient of a certificate of need shall report to the department any increase in the cost of an approved project in excess of $150,000 or 15% of the approved budget for the project, whichever is greater. Any cost increase that exceeds th…

37.106.126 SWING-BEDS: REVIEW CRITERIA A certificate of need may be issued to a hospital, medical assistance facility, or critical access hospitalto establish swing-beds only if, in addition to compliance with all other applicable provisions of 50-5-304, MCA, and ARM 37.106.113: …

37.106.133 CERTIFICATE OF NEED APPLICATION: INTRODUCTION AND COVER LETTER It is suggested that the applicant contact the health planning program before completing and submitting the necessary information. If an early contact is made, the applicant will be made aware of what will …

37.106.134 CERTIFICATE OF NEED APPLICATION: REQUIRED INFORMATION The following must be included in a certificate of need application: An explanation of the need for the facility or service, including the following information: the geographic area the proposed project will serve a…

37.106.137 ANNUAL OPERATIONAL REPORTS BY HOSPITALS AND CRITICAL ACCESS HOSPITALS Every hospital and critical access hospital shall submit an annual report to the department on a form provided by the departmentby the deadline specified on the form. The annual reports must be signe…

37.106.138 ANNUAL FINANCIAL REPORTS BY HOSPITALS, RURAL EMERGENCY HOSPITALS, AND CRITICAL ACCESS HOSPITALS Every hospital, rural emergency hospital, and critical access hospital shall submit on an annual basis a financial report for its previous fiscal year to the department on a…

37.106.139 ANNUAL REPORTS BY LONG-TERM CARE FACILITIES Every long-term care facility shall submit an annual report to the department on a form provided by the departmentby the deadline specified on the form. The annual report must be signed by the facility administrator and must …

37.106.140 ANNUAL REPORTS BY HOME HEALTH AGENCIES Every home health agency shall submit an annual report to the department on a form provided by the department and no later than the deadline specified on the form. The report must be signed by the administrator of the agency and m…

37.106.1401 MINIMUM STANDARDS FOR CHEMICAL DEPENDENCY FACILITIES (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-201, 50-8-101, 50-8-102, 50-8-105, MCA History: NEW, 1984 MAR p. 1090, Eff. 7/27/84; TRANS, from DHES, 2002 MAR p. 185; AMD, 2022 MAR p.…

37.106.1411 PURPOSE This subchapter establishes the licensing requirements for substance use disorder facilities (SUDFs) as outlined in the ASAM Criteria. This subchapter is applicable to treatment levels of care classified as: ASAM 3.7 Medically Monitored Intensive Inpatient Ser…

37.106.1413 DEFINITIONS 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: "Administrator" means the person in charge, care, or control ofthe substance use disorder facil…

37.106.1415 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 shall apply to asubstance use disorderfacility. Authorizing statute(s): 50-5-103, 53…

37.106.1416 CONFIDENTIALITY A substance use disorder facility (SUDF) must have a written client confidentiality policy pursuant to 42 CFR Part 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…

37.106.1420 POLICY AND PROCEDURE MANUAL REQUIREMENTS Eachsubstance use disorder facility (SUDF)must develop and implement a policy and procedure manual that includes: the philosophy of the SUDF; theSUDF goals; a description of the population theSUDF intendsto serve; a delineation…

37.106.1425 GOVERNANCE AND ADMINISTRATION The substance use disorder facility (SUDF) must establish a governing body or oversight committee with responsibility for operating and maintaining the SUDF. The governing body or oversight committee must provide organizational oversight …

37.106.1426 REPORTING REQUIREMENTS All serious incidents, as defined in ARM 37.106.1413, must be reported to the Department of Public Health and Human Services, Office of Inspector General, Licensure Bureau, within 24 hours. The report must be in writing and must include: the dat…

37.106.1427 ABUSE OR NEGLECT REQUIREMENTS A substance use disorder facility (SUDF) must require each staff member to read and sign a statement that: clearly defines child abuse and neglect as defined in 41-3-102, MCA; clearly defines abuse, neglect, and exploitation of an older p…

37.106.1430 PERSONNEL POLICY MANUAL REQUIREMENTS Thesubstance use disorder facility (SUDF) musthave a written personnel policy manual whichincludes the following: screening and hiring procedures for all applicants including criminal and protective service history disqualifiers th…

37.106.1432 PERSONNEL FILE REQUIREMENTS Thesubstance use disorderfacility (SUDF)mustmaintain a current secured personnel file for eachstaff member. The file must include: a criminalhistory background information check; a Montana Child Protective Services check for SUDFsserving or…

37.106.1434 STAFF MEMBER TRAINING A substance use disorder facility (SUDF) must have written policies, procedures, and initial and ongoing training curriculum to meet minimum requirements in this rule. All staff members supervising, or providing, direct contact with clients must …

37.106.1435 TRAINEES/INTERNS OR VOLUNTEER REQUIREMENTS Ifthe substance use disorder facility (SUDF)participates in a trainee/intern practicum or has volunteers, they must have the following: policies and practices assuring the safety of clients; a description of thetraining or vo…

37.106.1440 CLINICAL REQUIREMENTS Each client must have an individualized treatment plan (ITP) developed by an interdisciplinary treatment team. ITPs must include: the client's name, diagnoses, treatment plan date, and treatment plan review dates; the names of treatment team memb…

37.106.1450 CLIENT RIGHTS The substance use disorder residential facility (SUDF) 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 ri…

37.106.1452 CLIENT RECORD MAINTENANCE AND SYSTEM REQUIREMENTS Eachsubstance use disorder facility (SUDF)must have a comprehensive secure client record system maintained in accordance with 42 CFR Part 2. Each SUDF must have written procedures which regulate and control access to a…

37.106.1454 CLIENT RECORD CONTENT REQUIREMENTS Thesubstance use disorderresidential facility (SUDF)mustdevelop and implement procedures toensure each client recordis available on-site andincludes: demographic information; a substance related disorder diagnosis and supporting docu…

37.106.1455 ADOLESCENT FACILITIES In addition to policies required throughout this rule, a SUDF licensed to serve adolescents must have written policies and procedures that address: limiting admission to adolescents 17 years of age or younger or adolescents 18, 19, and 20 years o…

37.106.1456 CARE MANAGEMENT In addition to the requirements established in this subchapter, each SUDF must provide care management services and comply with the requirements established in this rule. A care manager must have a bachelor's degree in a human services field, an equiva…

37.106.1457 MEDICATION STORAGE AND ADMINISTRATION A substance use disorder facility (SUDF) must have a written policy addressing requirements for the storage, administration, and disposal of prescription, nonprescription, and over-the-counter medication. Policies must include pro…

37.106.1458 COMMUNICABLE DISEASE CONTROL The SUDF must develop and implement an infection prevention and control program and review the program annually. The SUDF must have written policies and procedures regarding infection prevention and control which include: procedures to ide…

37.106.1460 QUALITY MANAGEMENT REQUIREMENTS Thesubstance use disorder facility(SUDF) musthave a quality management committee that isrepresentative of the SUDF's administration and staff members. The quality management committee must meet on a quarterly basis andis responsible for…

37.106.1462 REQUIRED OUTCOME MEASURES (REPEALED) Authorizing statute(s): 50-5-103, 53-24-208, MCA Implementing statute(s): 50-5-101, 50-5-103, 53-24-208, 76-2-411, MCA History: NEW, 2010 MAR p. 2975, Eff. 12/24/10; REP, 2022 MAR p. 1889, Eff. 9/24/22.

37.106.1466 PETS When pets are kept on the premises, the SUDF must write and adhere to procedures for their care and maintenance. When animals are kept on the premises, the following conditions must be met: proof of current vaccinations must be kept on file at the facility; pets …

37.106.1467 FOOD SERVICE An inpatient or residential SUDF must establish policies and procedures for standards relative to safe food handling, storage, preparation, and serving, to prevent food spoilage and the transmission of infectious disease.The policies and procedures must i…

37.106.1468 OUTPATIENT SUBSTANCE USE DISORDER FACILITY To be licensed to provide SUD services in an outpatient setting, a SUDF must meet the following staffing requirements: clinical director; licensed addiction counselors or mental health professionals in sufficient numbers to p…

37.106.1469 ASAM 2.5 PARTIAL HOSPITALIZATION SUBSTANCE USE DISORDER FACILITY To be licensed to provide ASAM 2.5 services as outlined in the ASAM Criteria, a SUDF must meet the following staffing requirements: clinical director; licensed addiction counselors or mental health profe…

37.106.1470 FACILITY REQUIREMENTS In addition to requirements found in ARM 37.106.320, substance use disorder facilities (SUDF) must comply with additional requirements in this rule. Facilities must be accessible to a person with a physical disability. If aSUDF is unable to provi…

37.106.1471 ASAM 3.1 CLINICALLY MANAGED LOW INTENSITY RESIDENTIAL (ADULT OR ADOLESCENT) SUBSTANCE USE DISORDER FACILITY To be licensed to provide ASAM 3.1 services as outlined in the ASAM Criteria, a SUDF must meet the following staffing requirements: clinical director; licensed …