Montana Administrative Code

37.14.811 EQUIPMENT CONTROL: LOCKING OF SOURCES OF RADIATION Each source of radiation shall be provided with a lock or lockable outer container designed to prevent unauthorized or accidental production of radiation or removal or exposure of a sealed source and shall be kept locke…

37.14.812 EQUIPMENT CONTROL: STORAGE PRECAUTIONS Locked radiographic exposure devices, storage containers, and radiation machines shall be physically secured to prevent tampering or removal by unauthorized personnel. Authorizing statute(s): Sec. 75-3-201, MCA Implementing statute…

37.14.813 EQUIPMENT CONTROL: LEAK TESTING, REPAIR, TAGGING, OPENING, MODIFICATION, AND REPLACEMENT OF SEALED SOURCES The replacement of any sealed source fastened to or contained in a radiographic exposure device and leak testing, repair, tagging, opening, or any other modificati…

37.14.816 EQUIPMENT CONTROL: QUARTERLY INVENTORY Each licensee shall conduct a quarterly physical inventory to account for all sealed sources received or possessed by him. The records of the inventories shall be maintained for inspection by the department for 2 years from the dat…

37.14.817 EQUIPMENT CONTROL: UTILIZATION LOGS Each licensee or registrant shall maintain current logs, which shall be kept available for inspection by the department for 2 years from the date of the recorded event. These logs shall show for each source of radiation the following …

37.14.820 EQUIPMENT CONTROL: RADIATION SURVEY INSTRUMENTS The licensee or registrant shall maintain sufficient calibrated and operable radiation survey instruments to make physical radiation surveys as required by this subchapter and ARM 37.14.720 . Instrumentation required by th…

37.14.821 EQUIPMENT CONTROL: INSPECTION AND MAINTENANCE: RADIOGRAPHIC EXPOSURE DEVICES AND STORAGE CONTAINERS Each licensee shall conduct a program of at least quarterly inspection and maintenance of radiographic exposure devices and storage containers to assure proper functionin…

37.14.823 EQUIPMENT CONTROL: INSPECTION AND MAINTENANCE: HIGH RADIATION AREA CONTROL DEVICES OR ALARM SYSTEMS For any high radiation area equipped with a control device or alarm system as described in ARM 37.14.725 (3) (b) , the control device or alarm system shall be tested for …

37.14.830 PERSONAL RADIATION SAFETY REQUIREMENTS FOR RADIOGRAPHERS AND RADIOGRAPHERS' ASSISTANTS: LIMITATIONS No licensee or registrant shall permit any individual to act as a radiographer as defined in this subchapter until such individual: has been instructed in the subjects ou…

37.14.831 PERSONAL RADIATION SAFETY REQUIREMENTS FOR RADIOGRAPHERS AND RADIOGRAPHERS' ASSISTANTS: OPERATING AND EMERGENCY PROCEDURES The licensee's or registrant's operating and emergency procedures shall include instructions in at least the following: The handling and use of sou…

37.14.832 PERSONAL RADIATION SAFETY REQUIREMENTS FOR RADIOGRAPHERS AND RADIOGRAPHERS' ASSISTANTS: PERSONNEL MONITORING CONTROL No licensee or registrant shall permit any individual to act as a radiographer or as a radiographer's assistant unless, at all times during radiographic …

37.14.833 PRECAUTIONARY PROCEDURES IN RADIOGRAPHIC OPERATIONS: SECURITY During each radiographic operation, the radiographer or radiographer's assistant shall maintain a direct surveillance of the operation to protect against unauthorized entry into a high radiation area, as defi…

37.14.840 PRECAUTIONARY PROCEDURES IN RADIOGRAPHIC OPERATIONS: POSTING Notwithstanding any provisions in ARM 37.14.726 (1) (c) , areas in which radiography is being performed shall be conspicuously posted as required by ARM 37.14.725 (2) and (3) (a) . Authorizing statute(s): Sec.…

37.14.841 PRECAUTIONARY PROCEDURES IN RADIOGRAPHIC OPERATIONS: RADIATION SURVEYS AND SURVEY RECORDS No radiographic operation shall be conducted unless calibrated and operable radiation survey instrumentation as described in ARM 37.14.820 is available and used at each site where …

37.14.845 PRECAUTIONARY PROCEDURES IN RADIOGRAPHIC OPERATIONS: RECORDS REQUIRED AT TEMPORARY JOB SITES Each licensee or registrant conducting industrial radiography at a temporary site shall have the following records available at that site for inspection by the department: Appro…

37.14.846 PRECAUTIONARY PROCEDURES IN RADIOGRAPHIC OPERATIONS: SPECIAL REQUIREMENTS AND EXEMPTIONS FOR ENCLOSED RADIOGRAPHY Systems for enclosed radiography designed to allow admittance of individuals shall: Comply with all applicable requirements of this subchapter and ARM 37.14…

37.19.101 DEFINITIONS As used in this subchapter, the following definitions apply: "Department" means the department of public health and human services provided for in Title 2, chapter 15, part 21, MCA. "Local board" means a governmental unit or private contractor which administ…

37.19.102 INVESTIGATION OF COMPLAINTS Upon receiving a written, signed complaint alleging that a local family planning program has violated federal regulations or has committed fraud, the department will conduct an investigation or audit. If the complainant requests confidentiali…

37.19.103 INVESTIGATION AND AUDIT REPORTS: PROBATIONARY STATUS 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 p…

37.19.104 FAMILY PLANNING PROGRAM TERMINATION PROCEDURES 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 progra…

37.2.101 PROCEDURES FOR ADOPTING, AMENDING, AND REPEALING AGENCY RULES The department of public health and human services, for purposes of establishing departmental rulemaking procedures, adopts and incorporates by reference attorney general's model procedural rules 1 through 7 f…

37.2.102 PROCEDURES FOR THE ISSUANCE OF DECLARATORY RULINGS The department of public health and human services adopts and incorporates by reference attorney general's model procedural rules 22 through 24 and 28 found in ARM 1.3.227 through 1.3.229 and 1.3.233 which set forth the …

37.2.103 EXERCISE OF REGULATORY DISCRETION DURING EMERGENCY During the period of time set forth in (8), the department will exercise regulatory discretion and waive strict compliance with the following categories of administrative rules to the limited extent that they conflict wi…

37.2.1101 PURPOSE The purpose of these rules is to implement 53-6-1312, MCA, which establishes the Medicaid schedule of rates as the reimbursement rates that the State of Montana (State) pays for health care services provided to an individual who does not qualify for Medicaid, Me…

37.2.1102 A PROVIDER MUST ENROLL IN MEDICAID AND ACCEPT THE MEDICAID REIMBURSEMENT RATE TO RECEIVE PAYMENT BY STATE To receive payment from the State for health care services provided to an individual identified in 53-6-1312, MCA, a provider must: be enrolled as a Montana Medicai…

37.2.1103 PROVIDER REQUIREMENTS Except for the administrative rules listed in (2), the provider requirements of ARM Title 37, chapter 85, subchapter 4, "Provider Requirements," apply to the delivery of health care services provided to an individual identified in 53-6-1312, MCA. F…

37.2.1104 COST SHARING DOES NOT APPLY The cost sharing requirements of ARM 37.84.108 and 37.85.204 do not apply to the individuals identified in 53-6-1312, MCA. An individual identified in 53-6-1312, MCA, is neither a member nor a program participant as defined at 53-6-1302, MCA.…

37.2.1201 ALLOCATION OF FUNDS APPROPRIATED TO THE DEPARTMENT OF ADMINISTRATION FOR BEHAVIORAL HEALTH SYSTEM FOR FUTURE GENERATIONS CAPITAL PROJECTS The purpose of this rule is to establish the process by which the funds appropriated to the Department of Administration (DOA) for c…

37.2.201 MODEL PROCEDURAL RULES The Department of Public Health and Human Services, for purposes of establishing department public participation procedures, adopts and incorporates by reference the Attorney General's model procedural rules ARM 1.3.101 and 1.3.102. Authorizing sta…

37.2.202 PUBLIC PARTICIPATION Public participation is encouraged and assisted to the fullest extent practicable.Participation must be consistent with other requirements of state law and the rights and requirements of personal privacy.The major objectives of such participation inc…

37.2.203 ACTIONS CONSIDERED TO BE OF SIGNIFICANT PUBLIC INTEREST The adoption, amendment, or repeal of any regulation or written policy that implements, interprets, or prescribes law or policy, or practice requirements of the department, are considered actions of significant publ…

37.2.204 NOTICE AND MEANS FOR PUBLIC PARTICIPATION If it is determined that significant public interest is involved, one or more of the following steps, as applicable, shall be taken to assist public participation in the decision-making process: a proceeding or hearing is held in…

37.2.205 PUBLIC REQUESTS FOR INFORMATION Citizens desiring information about anything mentioned in these rules or about anything concerning the department and public participation should contact the Public Information Officer, Department of Public Health and Human Services, P.O. …

37.2.301 PURPOSE AND SCOPE Except as provided in (2) , this subchapter implements for the department and the department of revenue the mechanisms provided in Title 17, chapter 4, MCA, for recovery and offset of monetary sums owing to the state of Montana related to the provision …

37.2.302 DEFINITIONS "Debt" means a monetary sum owed to the state of Montana including but not limited to sums owed arising out of overpayments received by recipients and providers of public assistance. Overpayments include payments made as the result of fraud, mistake or depart…

37.2.305 REFERRAL FOR RECOVERY AND OFFSET The department under the authority of 17-4-104 , MCA may refer to the department of revenue for recovery and offset a debt owed to the department by a program recipient or by a provider of program services. The department may refer to the…

37.2.306 UNCOLLECTABLE DEBT A debt is uncollectable by the department, if the department has determined that: the debt is owing to the department; the debtor has either not pursued available administrative due process within the department or has failed to prevail in the availabl…

37.2.501 SELF-SUFFICIENCY TRUSTS: PURPOSE These rules provide for the acceptance by the state of monies from a certain type of trust, known as a self-sufficiency trust, to be used to purchase services to supplement the services that a person with a disability receives from the st…

37.2.502 SELF-SUFFICIENCY TRUSTS: DEFINITIONS For the purposes of these rules, the following definitions apply: "Department" means the department of public health and human services provided for in Title 2, chapter 15, part 22, MCA. "Department funded services" means services and…

37.2.503 SELF-SUFFICIENCY TRUSTS: ELIGIBLE BENEFICIARY The beneficiary of a self-sufficiency trust must be: a resident of the state of Montana; a person with a disability; and potentially eligible for services provided by the department or for mental health services provided by t…

37.2.505 SELF-SUFFICIENCY TRUSTS: QUALIFYING TRUSTS To qualify as a self-sufficiency trust, an individual trust must meet the following criteria: The individual trust must be established and managed by a nonprofit corporation which has as one of its principal purposes the use of …

37.2.508 SELF-SUFFICIENCY TRUSTS: LIFE CARE PLAN APPROVAL AND PAYMENT A life care plan must include: the name and address of the beneficiary; a description of the specific supplemental services to be purchased; the amount of the supplemental services to be purchased; the amount o…

37.2.509 SELF-SUFFICIENCY TRUSTS: LIFE CARE PLAN IMPLEMENTATION The department manages the purchase and delivery of the supplemental services specified in an approved life care plan. The department may contract with a service provider to manage on behalf of the department the del…

37.2.511 SELF-SUFFICIENCY TRUSTS: SPECIAL CHARITABLE ACCOUNT The special charitable account provides monies to fund services for recipients of the programs of services specified in ARM 37.2.503(3) on an individual or group basis. The special charitable account is funded with moni…

37.2.512 SELF-SUFFICIENCY TRUSTS: REPORTING REQUIREMENTS A service provider, managing the purchase and delivery of supplemental services must provide an annual report to the department. The department must provide an annual report on an active individual self-sufficiency trust to…

37.2.513 SELF-SUFFICIENCY TRUSTS: STATE SELF-SUFFICIENCY TRUST ACCOUNT Monies of a self-sufficiency trust, in order to be expended by the state, must be transferred to the department for deposit to the state self-sufficiency trust account. Monies from a self-sufficiency trust rec…

37.2.520 ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) PROGRAM: PURPOSE The purpose of the ABLE program is to provide Montana residents with access to a tax-favored program designed to provide secure funding for qualified disability-related expenses on behalf of individuals with disa…

37.2.521 DEFINITIONS The following definitions, found in 53-25-103, MCA, apply to this subchapter: "Account" means an eligible participating account established under Title 53, chapter 25, MCA, by or on behalf of an eligible individual. "Account owner" means the designated benefi…

37.2.522 FEES There is a one-time application fee of $25 for opening a new account. The fee must be paid when the new account is established. Financial institutions acting as program managers may impose fees upon account owners. Program management fees must be approved by the dep…

37.2.525 DUTIES OF PROGRAM MANAGER Each program manager must do the following: generally administer and carry out the program according to the directions and policies of the department and applicable law; keep adequate records of each account that is under its direction, keep suc…