Montana Administrative Code

37.2.526 OPENING OF ACCOUNTS: QUALIFICATIONS An account may be opened by or on behalf of an eligible individual who is a resident of Montana or a resident of a state that has entered into a contract with Montana to provide its residents access to the program. An eligible individu…

37.2.527 CONTRIBUTIONS AND LIMITS Subject to the limitations in (2), any person, including a nonresident of Montana and an individual who is not the account owner, may make a contribution to an account. All contributions to accounts must be in cash and may not exceed the annual c…

37.2.530 WITHDRAWALS Qualified withdrawals from an account are: a withdrawal from an account to pay the qualified disability expenses of an account owner; a withdrawal made as the result of the death of the account owner; or a rollover distribution or a change of designated benef…

37.2.531 REPORTING REQUIREMENTS At least annually, within 31 days of the annual period to which they apply, the program manager must provide to each account owner an account statement. The statement must include: a balance of the account at the beginning of the reporting period; …

37.2.532 TERMINATION OF PROGRAM MANAGER If the department determines not to renew a contract with an existing program manager, then the department, as trustee of the trust, may take appropriate action consistent with the interest of the program and the accounts. Except as provide…

37.2.701 DEFINITIONS "Department" means the department of public health and human services. "Discretionary income" is determined by subtracting fixed expenses from the total gross income or adjusted gross income from the most recent IRS tax return plus depreciation and voluntary …

37.2.702 INCOME Income means economic benefit received by a resident or financially responsible person from any source, and includes, but is not limited to: gross wages, salaries, tips, commissions, bonuses and other earnings; draws or advances against future earnings; allowances…

37.2.703 FIXED EXPENSES Fixed expenses shall be limited to reasonable and necessary living and mandatory expenses over which the resident or responsible person has little or no control, and which have been incurred or committed to prior to admission. These expenses may include, b…

37.2.705 ABILITY TO PAY DETERMINATION Upon receipt of sufficient financial information and documentation, the department may determine the fixed expenses of the resident or financially responsible person. The following shall apply to food, clothing and transportation expenses: al…

37.2.706 PROCEDURE TO OBTAIN FINANCIAL INFORMATION FOR ABILITY TO PAY DETERMINATION Upon admission or commitment to one of the institutions listed in 53-1-402 , MCA, a representative of the department shall contact the resident or financially responsible person to obtain informat…

37.2.707 MONTHLY PAYMENT AMOUNT The charge assessed against each resident or financially responsible person shall be the lower of: the full cost of care, as determined by recorded charges, less any payments received from other sources, except that payments received from a managed…

37.2.710 THIRD PARTY RESOURCES Applicable medicare, medicaid, or personal insurance or similar health care benefits shall be considered as a resource of the resident. Upon verification of the receipt of third party payments made directly to a resident or financially responsible p…

37.2.711 MAINTENANCE OF CHARGE RECORDS The department shall maintain records of services provided to residents, and shall prepare a monthly itemized statement for each resident receiving chargeable services. Charges shall be recorded for each service and for each day the resident…

37.2.712 PROCEDURE FOR FAILURE TO PAY Accounts which are delinquent shall be identified by the department at 60, 90 and 120 day intervals. The department may notify a resident or financially responsible person whose account is delinquent 90 days of its intent to use the departmen…

37.2.713 REFUNDS AND RETROACTIVE ASSESSMENTS If in the process of reviewing a resident ' s or responsible person ' s ability to pay, the department determines that information has been misrepresented on a previous financial statement, which if honestly represented would have resu…

37.2.720 ABILITY TO PAY, ADMINISTRATIVE REVIEW AND FAIR HEARING If the resident or a financially responsible person is aggrieved by the department's determination of ability to pay, that person may request an administrative review regarding the determination. The administrative r…

37.2.901 PURPOSE The purpose of the community services block grant is to alleviate the causes of poverty within the state. Authorizing statute(s): Sec. 53-2-201, MCA Implementing statute(s): HB 2 of the First Special Session, 1981 History: NEW, 1982 MAR p. 1272, Eff. 6/18/82; AMD…

37.2.902 DEFINITIONS For purposes of this subchapter, the following definitions apply: "Act" means the Omnibus Budget Reconciliation Act of 1981. "Contractor" means human resource development council, one of the state's 10 organizations designated as a community action agency und…

37.2.906 CONTRACTOR PLAN To receive its allotment of CSBG funds, as determined under ARM 37.2.915, each contractor must submit, by October 1 of each year, its contractor plan to the department for review and approval. If the federal CSBG appropriation has not been determined to s…

37.2.907 CONTRACTOR PLAN ASSURANCES AND CONTENT A contractor must assure in its contractor plan that it will only use the funds: to provide a range of services and activities having a measurable and potentially major impact on causes of poverty in the community or those areas of …

37.2.908 CONTRACTOR PLAN APPROVAL, DISAPPROVAL, AMENDMENTS The contractor shall submit the plan to the county governing bodies within its multicounty area. A county governing body may approve, disapprove, or offer amendments to the plan. If the county governing body and the contr…

37.2.915 CONTRACTOR ALLOTMENTS From the available CSBG funds, the department shall retain 5% for cost of administration of the grant and 5% for special projects. The balance of the block grant funds after any retention pursuant to (1) must be distributed to contractors that are e…

37.2.916 RELEASE OF ALLOTMENTS Release of allotments is contingent upon receipt by the department of the federal CSBG funds. As those funds are received, they will be disbursed by the department. Authorizing statute(s): Sec. 53-2-201, MCA Implementing statute(s): HB 2 of the Firs…

37.2.920 REPORTS Within 90 days of the end of the grant period or the completion of a contractor's planned activities, whichever comes first, the contractor will submit to the department certification that all assurances and services or activities contained in its approved plan h…

37.2.925 TERMINATION OR REDUCTION OF ALLOTMENT The allotment of a contractor who currently receives CSBG funding or who received funding in the previous program period can be terminated or reduced below the proportional share currently being received or received in the previous p…

37.21.101 DEFINITIONS "Abortion" means the performance of, or assistance or participation in the performance of, or submission to, an act or operation intended to terminate a pregnancy without live birth. "Department" means the department of public health and human services. "Fac…

37.21.104 CERTIFICATE OF INFORMED CONSENT The written statement of informed consent required by 50-20-106 , MCA, is to be made on a form prescribed by and obtained from the department. Authorizing statute(s): Sec. 50-20-106, MCA Implementing statute(s): Sec. 50-20-106, MCA Histor…

37.21.105 CONFIDENTIALITY In connection with an abortion, the facility shall keep on file the original of each of the documents required by the Montana Abortion Control Act relating to informed consent, notice of abortion, certification of necessity of abortion to preserve the li…

37.21.110 FACILITY REPORT Every facility, as defined herein, shall keep on file a statement dated and certified by the physician who performed the abortion setting forth the following information: Name, address, state and county of residence, date of birth, marital status, race, …

37.21.111 PATHOLOGY STUDIES The products of conception and any other tissue removed as a consequence of the abortion shall be examined by the physician performing the abortion or by a pathologist. The pathology examination shall include, but not be limited to, a gross examination…

37.21.115 DISPOSITION OF FETUS OR DEAD INFANT The products of conception and any other tissue removed as a consequence of the abortion, except such tissue as necessary for examination, shall be disposed of in a manner similar to that for other surgically removed tissue at that fa…

37.25.101 RESIDENTIAL ALCOHOL AND DRUG TREATMENT FOR INDIGENT JUVENILES The purpose of this rule is to establish eligibility criteria and rules for the administration of funds for residential alcohol and drug treatment for indigent juveniles. Authorizing statute(s): Sec. 41-3-110…

37.25.102 DEFINITIONS For purposes of this rule, the following definitions apply: "Department" means the department of public health and human services. "Indigent juvenile" means a person under the age of 18 whose family meets the eligibility criteria for indigency set forth in A…

37.25.105 ELIGIBILITY FOR SERVICES A juvenile will be eligible for residential alcohol and drug treatment payments if he meets the following eligibility criteria: The juvenile has been adjudicated as a youth in need of care pursuant to Title 41, chapter 3, MCA, a youth in need of…

37.25.106 APPLICATION FOR SERVICES An application for residential alcohol and drug treatment shall be submitted to the Department of Public Health and Human Services, Child and Family Services Division, Program Management Bureau, P.O. Box 202951, Helena, Montana 59620-2951 by the…

37.25.107 DETERMINATION OF INDIGENCY Any juvenile will be determined indigent if his parents' or guardians' income does not exceed the financial eligibility requirements for the aid to families with dependent children program which are set forth in ARM 46.10.401 through 46.10.403…

37.25.201 BILLING, REIMBURSEMENT AND PROCESSING The department shall make payments directly to the provider, subject to the following conditions and limitations: Providers shall submit claims for reimbursement on the forms provided by the department. The claim shall be submitted …

37.25.205 ERRONEOUS OR IMPROPER PAYMENTS The department is entitled to promptly recover all payments erroneously or improperly made to a provider. The provider shall notify the department of any erroneous or improper payment and shall promptly refund the entire amount of any erro…

37.25.210 RATES The department will pay providers the usual and customary charges or the rates set forth in this rule, whichever is lower. The rate for residential alcohol and drug treatment for indigent juveniles shall be $110.00 per day for each day of care actually provided, n…

37.25.215 UNAVAILABILITY OF FUNDS Payments for residential alcohol and drug treatment for indigent juveniles are subject to the availability of funds appropriated for that purpose. When the entire amount of the appropriation has been accrued in any fiscal year, the department wil…

37.27.101 STATE APPROVED PROGRAMS, PURPOSE The purpose of the rules in this subchapteris to establish standards for the approval of programsproviding prevention,treatment, rehabilitative, and recoveryservices to individuals with substance use disorders and substance related issue…

37.27.102 DEFINITIONS In addition to the terms defined in 53-24-103 , MCA: "American Society of Addiction Medicine (ASAM) Criteria" means guidelines for placement, continued stay, and transfer/discharge of individuals with addiction and co-occurring conditions developed by the Am…

37.27.105 STATE APPROVED PROGRAMS, PREVENTION PROVIDERS, REQUIREMENTS In order to be reimbursed for prevention services, a prevention provider must be state approved and: have a contract with the department for substance abuse primary prevention services; be the Montana Public He…

37.27.106 STATE APPROVED PROGRAMS, SUBSTANCE USE DISORDER FACILITIES In order to be reimbursed for SUD facility-based treatment services, a SUD facility must be state approved and licensed pursuant to ARM Title 37, chapter 106, subchapter 14. In order to become state approved, th…

37.27.107 STATE APPROVED PROGRAMS, INDIVIDUAL OUTPATIENT TREATMENT PROVIDERS In order to be reimbursed for outpatient services, an individual outpatient treatment provider must be state approved and be a licensed addiction counselor. In order to become state approved, thelicensed…

37.27.108 ADMINISTRATIVE MANAGEMENT - GOVERNING BODY (REPEALED) Authorizing statute(s): 53-24-209, MCA Implementing statute(s): 53-24-208, MCA History: TRANS, C. 280, L. 1975, Eff. 1/2/77; TRANS, from DOC, 1998 MAR p. 1502; REP, 2022 MAR p. 1889, Eff. 9/24/22.

37.27.115 ALL STATE APPROVED PROGRAMS - ACCEPTANCE OF PERSONS INTO THE TREATMENT PROGRAM The program shall ensure compliance with 53-24-209, MCA. The program shall admit and care for only those persons for whomit can provide care and services appropriate to the person's physical,…

37.27.116 INDIVIDUAL OUTPATIENT TREATMENT PROVIDERS AND PREVENTION PROVIDERS, CLIENTS RIGHTS Programs approved under ARM 37.27.105 and 37.27.107 that provide treatment (including early intervention) must develop and maintain a client rights policy that supports and protects the s…

37.27.117 INDIVIDUAL OUTPATIENT TREATMENT AND PREVENTION PROVIDERS, CONFIDENTIALITY Programs approved under ARM 37.27.105 and 37.27.107 providing treatment (including early intervention) must have a written client confidentiality policy pursuant to 42 CFR Part 2. The confidential…

37.27.118 INDIVIDUAL OUTPATIENT TREATMENT AND PREVENTION PROVIDERS, COMMUNICABLE DISEASE CONTROL Programs approved under ARM 37.27.105 and 37.27.107 providing treatment (including early intervention) must have a policy for communicable disease control. The communicable disease po…