Montana Administrative Code

37.30.416 VOCATIONAL REHABILITATION PROGRAM: PAYMENT OF TUITION FOR HIGHER EDUCATION Prior to a determination by the department as to the amount of funding an individual should receive for the cost of tuition, an individual must apply for and pursue a federal Pell Education Grant…

37.30.701 VOCATIONAL REHABILITATION PROGRAM: AVAILABILITY OF SERVICES (REPEALED) Authorizing statute(s): Sec. 53-7-102, 53-7-302 and 53-7-315, MCA Implementing statute(s): Sec. 53-7-102, 53-7-103, 53-7-108, 53-7-303 and 53-7-310, MCA History: NEW, Eff. 1/3/77; AMD, 1982 MAR p. 12…

37.30.702 VOCATIONAL REHABILITATION PROGRAM: SERVICES AVAILABLE TO APPLICANTS (REPEALED) Authorizing statute(s): Sec. 53-7-102, 53-7-302 and 53-7-315, MCA Implementing statute(s): Sec. 53-7-103, 53-7-105, 53-7-108, 53-7-303 and 53-7-310, MCA History: NEW, 1992 MAR p. 2572, Eff. 1…

37.30.705 VOCATIONAL REHABILITATION PROGRAM: PERSONAL AND VOCATIONAL ADJUSTMENT SERVICES (REPEALED) Authorizing statute(s): Sec. 53-7-102, 53-7-302 and 53-7-315, MCA Implementing statute(s): Sec. 53-7-102, 53-7-103, 53-7-108, 53-7-303 and 53-7-310, MCA History: NEW, Eff. 1/3/77; …

37.30.706 VOCATIONAL REHABILITATION PROGRAM: PHYSICAL AND MENTAL RESTORATION SERVICES Physical and mental restoration services, as described in the IPE, may be provided to the consumer in preparing for, securing, retaining or regaining an employment outcome that is consistent wit…

37.30.710 VOCATIONAL REHABILITATION PROGRAM: TRAVEL AND MOVING SERVICES Travel and moving services may be provided to an applicant or client when necessary for the person to receive the benefit of vocational rehabilitation services. Travel services may include, as necessary, tran…

37.30.711 VOCATIONAL REHABILITATION PROGRAM: MAINTENANCE (REPEALED) Authorizing statute(s): Sec. 53-7-102, 53-7-302 and 53-7-315, MCA Implementing statute(s): Sec. 53-7-102, 53-7-103, 53-7-108, 53-7-303 and 53-7-310, MCA History: NEW, Eff. 1/3/77; AMD, 1982 MAR p. 1287, Eff. 7/1/…

37.30.712 VOCATIONAL REHABILITATION PROGRAM: PLACEMENT SERVICES (REPEALED) Authorizing statute(s): Sec. 53-7-102, 53-7-302 and 53-7-315, MCA Implementing statute(s): Sec. 53-7-102, 53-7-103, 53-7-108, 53-7-303 and 53-7-310, MCA History: NEW, Eff. 1/3/77; AMD, 1978 MAR p. 907, Eff…

37.30.713 VOCATIONAL REHABILITATION PROGRAM: VOCATIONAL ITEMS (REPEALED) Authorizing statute(s): Sec. 53-7-102, 53-7-302 and 53-7-315, MCA Implementing statute(s): Sec. 53-7-102, 53-7-103, 53-7-108, 53-7-303 and 53-7-310, MCA History: NEW, Eff. 1/3/77; AMD, 1978 MAR p. 907, Eff. …

37.30.717 VOCATIONAL REHABILITATION PROGRAM: ASSISTIVE SERVICES FOR PERSONS WITH DISABILITIES (REPEALED) Authorizing statute(s): Sec. 53-7-102, 53-7-302 and 53-7-315, MCA Implementing statute(s): Sec. 53-7-102, 53-7-103, 53-7-108, 53-7-303 and 53-7-310, MCA History: NEW, Eff. 1/3…

37.30.718 VOCATIONAL REHABILITATION PROGRAM: SERVICES TO FAMILY MEMBERS AND DEPENDENTS (REPEALED) Authorizing statute(s): Sec. 53-7-102, 53-7-302 and 53-7-315, MCA Implementing statute(s): Sec. 53-7-102, 53-7-103, 53-7-108, 53-7-303 and 53-7-310, MCA History: NEW, Eff. 1/3/77; AM…

37.30.719 VOCATIONAL REHABILITATION PROGRAM: OTHER GOODS AND SERVICES (REPEALED) Authorizing statute(s): Sec. 53-7-102, 53-7-302 and 53-7-315, MCA Implementing statute(s): Sec. 53-7-102, 53-7-103, 53-7-108, 53-7-303 and 53-7-310, MCA History: NEW, Eff. 1/3/77; AMD, 1982 MAR p. 12…

37.30.723 VOCATIONAL REHABILITATION PROGRAM: POST EMPLOYMENT SERVICES (REPEALED) Authorizing statute(s): Sec. 53-7-102, 53-7-302 and 53-7-315, MCA Implementing statute(s): Sec. 53-7-102, 53-7-103, 53-7-108, 53-7-303 and 53-7-310, MCA History: NEW, Eff. 1/3/77; AMD, 1982 MAR p. 12…

37.30.724 VOCATIONAL REHABILITATION PROGRAM: COUNSELING AND GUIDANCE SERVICES (REPEALED) Authorizing statute(s): Sec. 53-7-102, 53-7-302 and 53-7-315, MCA Implementing statute(s): Sec. 53-7-102, 53-7-103, 53-7-108, 53-7-303 and 53-7-310, MCA History: NEW, Eff. 1/3/77; AMD, 1982 M…

37.30.725 VOCATIONAL REHABILITATION PROGRAM: WORK ACTIVITY SERVICES (REPEALED) Authorizing statute(s): Sec. 53-7-102, 53-7-302 and 53-7-315, MCA Implementing statute(s): Sec. 53-7-102, 53-7-103, 53-7-108, 53-7-303 and 53-7-310, MCA History: NEW, Eff. 1/3/77; AMD, 1982 MAR p. 1287…

37.30.729 GUIDELINES AND STANDARDS FOR SERVICES PROVIDED BY CLIENTS The department, in consultation with appropriate professional, trade, business, training and other organizations and institutions, may develop standards to serve as guidelines for the quality of services an indiv…

37.30.730 VOCATIONAL REHABILITATION PROGRAM: PROVIDER FEES The provision of vocational rehabilitation services by the department is subject to the following financial limitations. Services subject to rates of payment are as follows: payment for physical and mental restoration ser…

37.30.733 VOCATIONAL REHABILITATION PROGRAM: INSTRUCTIONAL SERVICES FOR BLIND AND VISUALLY IMPAIRED VOCATIONAL REHABILITATION CLIENTS The department may arrange for instructional services to blind and visually impaired vocational rehabilitation clients. The department will not ar…

37.30.734 VOCATIONAL REHABILITATION PROGRAM: ATTENDANT SERVICES (REPEALED) Authorizing statute(s): Sec. 53-7-102, 53-7-302 and 53-7-315, MCA Implementing statute(s): Sec. 53-7-102, 53-7-103, 53-7-108, 53-7-303 and 53-7-310, MCA History: NEW, 1992 MAR p. 2572, Eff. 11/26/92; TRANS…

37.30.735 VOCATIONAL REHABILITATION PROGRAM: LICENSES AND FEES (REPEALED) Authorizing statute(s): Sec. 53-7-102, 53-7-302 and 53-7-315, MCA Implementing statute(s): Sec. 53-7-102, 53-7-103, 53-7-108, 53-7-303 and 53-7-310, MCA History: NEW, 1992 MAR p. 2572, Eff. 11/26/92; TRANS,…

37.30.736 VOCATIONAL REHABILITATION PROGRAM: WORK ADJUSTMENT TRAINING (REPEALED) Authorizing statute(s): Sec. 53-7-102, 53-7-302 and 53-7-315, MCA Implementing statute(s): Sec. 53-7-102, 53-7-103, 53-7-108, 53-7-303 and 53-7-310, MCA History: NEW, 1992 MAR p. 2572, Eff. 11/26/92;…

37.30.801 GROUP SERVICES PROGRAM: AVAILABILITY OF SERVICES The department provides a program of financial assistance for services to persons and modifications to facilities which may be expected to contribute substantially to the rehabilitation of a group of persons with disabili…

37.30.805 CERTIFICATION OF HANDICAPPED PERSONS FOR MINIMUM WAGE EXEMPTIONS (REPEALED) Authorizing statute(s): Sec. 53-7-102, 53-7-203 and 53-7-302, MCA Implementing statute(s): Sec. 53-7-203, MCA History: NEW, 1984 MAR p. 511, Eff. 3/30/84; TRANS, from SRS, 1998 MAR p. 2040; REP,…

37.30.901 STATEMENT OF CIVIL RIGHTS COMPLIANCE Pursuant to the provisions of Title VI of the Civil Rights Act of 1964, and the regulations issued thereunder, the vocational rehabilitation services administered by the department will be conducted in such manner that no person is e…

37.31.101 INDEPENDENT LIVING REHABILITATION PROGRAM: PURPOSES The independent living program provides in accordance with Title VII of the federal Rehabilitation Act of 1973 (29 USC 796) comprehensive services to persons with severe disabilities to enable them to live and function…

37.31.201 INDEPENDENT LIVING REHABILITATION PROGRAM: SERVICES Independent living services include vocational rehabilitation services and other services that the department determines are necessary and will enhance the ability of persons with severe disabilities to live independen…

37.31.206 INDEPENDENT LIVING REHABILITATION PROGRAM: PROVISION OF SERVICES The department may, within its discretion, provide services to a person who is eligible for the independent living program. Only such services as are determined appropriate in accordance with the state pla…

37.31.401 INDEPENDENT LIVING REHABILITATION PROGRAM: ELIGIBILITY REQUIREMENTS Independent living services may be provided to a person with severe disabilities if: the person's ability to function independently in the community is limited by the severity of the disability; and the…

37.34.101 PURPOSE OF THE DEVELOPMENTAL DISABILITIES PROGRAM The purpose of the developmental disabilities program is to provide quality community-based services in the least restrictive environment which promotes the principle of normalization for persons who are developmentally …

37.34.102 DEFINITIONS For purposes of this chapter, the following definitions apply: "Abuse" means the infliction of physical or mental injury or the deprivation of food, shelter, clothing or services necessary to maintain the physical or mental health of an older person or a per…

37.34.105 EVALUATION SERVICES The division must provide for the evaluation of any person eligible for diagnostic and evaluation services either through services funded by the department or by referral to another agency. Under ARM 37.34.1101 et seq., within 30 calendar days of the…

37.34.108 CONFIDENTIALITY OF INFORMATION Confidential information, for purposes of this chapter, includes the following information about any person applying for or receiving services through the developmental disabilities program: name, address, and phone number; the amount or t…

37.34.109 GRIEVANCE PROCEDURE Providers must have a written grievance procedure, approved in writing by the department prior to implementation, for resolution of grievances brought by persons receiving developmental disabilities services. The procedure must provide for resolution…

37.34.1101 PLAN OF CARE: PERSONAL SUPPORT PLAN: PURPOSE A personal support plan (PSP) is a person-driven and person-centered plan thatidentifies the supports and servicesa person receiving state-administered developmental disabilities services uses to achieve independence and per…

37.34.1102 PLAN OF CARE: PERSONAL SUPPORT PLAN: IMPLEMENTATION (REPEALED) (REPEALED) Authorizing statute(s): 53-2-201, 53-20-204, MCA Implementing statute(s): 53-20-203, MCA History: NEW, 1993 MAR p. 1353, Eff. 6/25/93; AMD, 1996 MAR p. 2188, Eff. 8/9/96; TRANS, from SRS, 1998 MA…

37.34.1103 PLAN OF CARE: PERSONAL SUPPORT PLAN: COMPONENTS (REPEALED) (REPEALED) Authorizing statute(s): 53-2-201, 53-20-204, MCA Implementing statute(s): 53-20-203, MCA History: NEW, 1993 MAR p. 1353, Eff. 6/25/93; AMD, 1996 MAR p. 2188, Eff. 8/9/96; TRANS, from SRS, 1998 MAR p.…

37.34.1105 PLAN OF CARE: PERSONAL SUPPORT PLAN: ASSESSMENTS (REPEALED) (REPEALED) Authorizing statute(s): 53-2-201, 53-6-402, 53-20-204, MCA Implementing statute(s): 53-2-201, 53-6-402, 53-20-203, 53-20-205, MCA History: NEW, 2013 MAR p. 143, Eff. 2/1/13; REP, 2024 MAR p. 614, Ef…

37.34.1107 PLAN OF CARE: PERSONAL SUPPORT PLAN: PLAN TEAM (REPEALED) (REPEALED) Authorizing statute(s): 53-2-201, 53-20-204, MCA Implementing statute(s): 53-20-203, MCA History: NEW, 1993 MAR p. 1353, Eff. 6/25/93; AMD, 1996 MAR p. 2188, Eff. 8/9/96; TRANS, from SRS, 1998 MAR p. …

37.34.1108 PLAN OF CARE: PERSONAL SUPPORT PLAN: QUARTERLY REPORTS (REPEALED) (REPEALED) Authorizing statute(s): 53-2-201, 53-20-204, MCA Implementing statute(s): 53-20-203, MCA History: NEW, 1993 MAR p. 1353, Eff. 6/25/93; AMD, 1996 MAR p. 2188, Eff. 8/9/96; TRANS, from SRS, 1998…

37.34.1109 INDIVIDUAL PLAN: DUTIES OF THE CASE MANAGER (REPEALED) Authorizing statute(s): 53-2-201, 53-20-204, MCA Implementing statute(s): 53-20-203, MCA History: NEW, 1993 MAR p. 1353, Eff. 6/25/93; TRANS, from SRS, 1998 MAR p. 3124; REP, 2013 MAR p. 143, Eff. 2/1/13.

37.34.1114 PLAN OF CARE: PERSONAL SUPPORT PLAN: DECISION MAKING (REPEALED) (REPEALED) Authorizing statute(s): 53-2-201, 53-20-204, MCA Implementing statute(s): 53-20-203, MCA History: NEW, 1993 MAR p. 1353, Eff. 6/25/93; AMD, 1996 MAR p. 2188, Eff. 8/9/96; TRANS, from SRS, 1998 M…

37.34.1115 INDIVIDUAL PLAN: INDIVIDUAL PLANNING APPEAL COMMITTEE (REPEALED) Authorizing statute(s): 53-2-201, 53-20-204, MCA Implementing statute(s): 53-20-203, MCA History: NEW, 1993 MAR p. 1353, Eff. 6/25/93; AMD, 1996 MAR p. 2188, Eff. 8/9/96; TRANS, from SRS, 1998 MAR p. 3124…

37.34.1117 PLAN OF CARE: INDIVIDUAL FAMILY SERVICE PLAN: PURPOSE (REPEALED) (REPEALED) Authorizing statute(s): 53-2-201, 53-6-402, 53-20-204, MCA Implementing statute(s): 53-2-201, 53-6-402, 53-20-203, 53-20-205, MCA History: NEW, 2013 MAR p. 143, Eff. 2/1/13; REP, 2024 MAR p. 61…

37.34.1119 PLAN OF CARE: INDIVIDUAL FAMILY SERVICE PLAN: IMPLEMENTATION (REPEALED) (REPEALED) Authorizing statute(s): 53-2-201, 53-6-402, 53-20-204, MCA Implementing statute(s): 53-2-201, 53-6-402, 53-20-203, 53-20-205, MCA History: NEW, 2013 MAR p. 143, Eff. 2/1/13; REP, 2024 MA…

37.34.113 CERTIFICATION OF PERSONS ASSISTING IN THE ADMINISTRATION OF MEDICATION: ADOPTION OF THE HEALTH AND MEDICATION ADMINISTRATION MANUAL For the purpose of certification of persons who supervise or assist in the administration of medication to persons through the state-spons…

37.34.114 CERTIFICATION OF PERSONS ASSISTING IN THE ADMINISTRATION OF MEDICATION This rule establishes criteria and procedures under which an employee or an agent of a provider of developmental disabilities services responsible for the delivery of direct care may receive certific…

37.34.1201 ADULT AND FAMILY SERVICES: EDUCATION AND TRAINING REQUIREMENTS Education and training must be provided in accordance with the performance requirements in this rule. An adult or family services contractor in providing education and training must comply with the performa…

37.34.1204 ADULT AND FAMILY SERVICES: LEISURE AND COMMUNITY ACTIVITIES Leisure and community activities must be provided in accordance with the performance requirements in this rule. A contractor providing adult or family services in the provision of leisure and community activit…

37.34.1401 BEHAVIOR SUPPORT: PURPOSE The purpose of the rules under this subchapter is to require the use of behavior supports intended to encourage individual growth, improve quality of life, and reduce the use of unnecessary intrusive measures for persons receiving services fun…

37.34.1402 BEHAVIOR SUPPORT: APPLICABILITY All children and adults receiving services from community-based providers that are funded entirely or in part by the department through DDP must be afforded the protections imposed by these rules. Any service provider approved by DDP thr…