Montana Administrative Code

37.34.1403 AVERSIVE PROCEDURES: USE (REPEALED) Authorizing statute(s): 53-2-201, 53-20-204, MCA Implementing statute(s): 53-20-203, 53-20-205, MCA History: NEW, 1986 MAR p. 345, Eff. 4/21/86; AMD, 1993 MAR p. 1356, Eff. 6/25/93; TRANS, from SRS, 1998 MAR p. 3124; REP, 2012 MAR p.…

37.34.1404 BEHAVIOR SUPPORT: DEFINITIONS For the purposes of this subchapter, the following definitions apply: "Advocate" is defined in ARM 37.34.102. "Alternative behavior" means a behavior that can, but is not likely to occur at the same time as a challenging behavior. "Challen…

37.34.1405 POSITIVE BEHAVIOR SUPPORT: DESCRIPTION (REPEALED) (REPEALED) Authorizing statute(s): 53-6-402, 53-20-204, MCA Implementing statute(s): 53-6-402, 53-20-203, MCA History: NEW, 2012 MAR p. 2617, Eff. 12/21/12; REP, 2025 MAR, Notice No. 2025-278, Eff. 10/11/25.

37.34.1408 AVERSIVE PROCEDURES: SYSTEMATIC PROGRAM REVIEW (REPEALED) Authorizing statute(s): 53-2-201, 53-20-204, MCA Implementing statute(s): 53-20-203, 53-20-205, MCA History: NEW, 1986 MAR p. 345, Eff. 4/21/86; AMD, 1993 MAR p. 1356, Eff. 6/25/93; TRANS, from SRS, 1998 MAR p. …

37.34.1409 AVERSIVE PROCEDURES: APPROVAL CRITERIA (REPEALED) Authorizing statute(s): 53-2-201, 53-20-204, MCA Implementing statute(s): 53-20-203, 53-20-205, MCA History: NEW, 1986 MAR p. 345, Eff. 4/21/86; AMD, 1993 MAR p. 1356, Eff. 6/25/93; TRANS, from SRS, 1998 MAR p. 3124; RE…

37.34.1410 AVERSIVE PROCEDURES: CLASSIFICATION AND CONDITIONS GOVERNING USE OF PROCEDURES (REPEALED) Authorizing statute(s): 53-2-201, 53-20-204, MCA Implementing statute(s): 53-20-203, 53-20-205, MCA History: NEW, 1986 MAR p. 345, Eff. 4/21/86; AMD, 1993 MAR p. 1356, Eff. 6/25/9…

37.34.1411 BEHAVIOR SUPPORT: BEHAVIOR ASSESSMENT A behavior assessment is the gathering of information about a person’s behavior based upon multiple information sources, including: a review of the person's records; personal observations; interviews with support providers; intervi…

37.34.1412 BEHAVIOR SUPPORT: BEHAVIOR SUPPORT PLAN The behavior support plan is a formal written plan to address needs identified in a person’s plan of care and must be developed for all persons engaging in challenging behavior. The behavior support plan must be based on a behavi…

37.34.1415 AVERSIVE PROCEDURES: DEVELOPMENTAL DISABILITIES PROGRAM REVIEW COMMITTEE (REPEALED) Authorizing statute(s): 53-2-201, 53-20-204, MCA Implementing statute(s): 53-20-203, 53-20-205, MCA History: NEW, 1986 MAR p. 345, Eff. 4/21/86; AMD, 1993 MAR p. 1356, Eff. 6/25/93; TRA…

37.34.1418 BEHAVIOR SUPPORT: PROHIBITIONS The following may not be restricted for any purpose, including behavior support plans or programs: education and training services; a safe environment to live, work, and receive treatment; person-centered plan of care; prompt medical, den…

37.34.1419 MEAL DELAY (REPEALED) Authorizing statute(s): 53-20-204, MCA History: 53-20-203 and 53-20-205, MCA; NEW, 1986 MAR p. 345, Eff. 4/21/86; TRANS, from SRS, 1998 MAR p. 3124; REP, 2012 MAR p. 2617, Eff. 12/21/12.

37.34.1420 BEHAVIOR SUPPORT: EMERGENCY PROCEDURES Emergencies are situations in which the person or others is/are at imminent risk of serious harm or injury due to the person’s challenging behavior. If an emergency occurs, a physical restraint may be used if necessary to prevent …

37.34.1421 AVERSIVE PROCEDURES: REIMPOSITION OF DECELERATION PROGRAM (REPEALED) Authorizing statute(s): 53-6-402, 53-20-204, MCA Implementing statute(s): 53-6-402, 53-20-203, MCA History: NEW, 2012 MAR p. 2617, Eff. 12/21/12.

37.34.1422 BEHAVIOR SUPPORT: RESTRICTED PROCEDURES The following restricted procedures may be used for up to 90 calendar days as part of a behavior support plan that is developed in accordance with a person’s Home and Community-Based Services, (HCBS) health and safety modificatio…

37.34.1426 AVERSIVE PROCEDURES: APPEAL PROCESS (REPEALED) Authorizing statute(s): 53-2-201, 53-20-204, MCA Implementing statute(s): 53-20-203, 53-20-205, MCA History: NEW, 1986 MAR p. 345, Eff. 4/21/86; AMD, 1993 MAR p. 1356, Eff. 6/25/93; TRANS, from SRS, 1998 MAR p. 3124; REP, …

37.34.1427 AVERSIVE PROCEDURES: STAFF CERTIFICATION (REPEALED) Authorizing statute(s): 53-2-201, 53-20-204, MCA Implementing statute(s): 53-20-203, 53-20-205, MCA History: NEW, 1986 MAR p. 345, Eff. 4/21/86; AMD, 1993 MAR p. 1356, Eff. 6/25/93; TRANS, from SRS, 1998 MAR p. 3124; …

37.34.1428 AVERSIVE PROCEDURES: UNCLASSIFIED PROCEDURES (REPEALED) Authorizing statute(s): 53-2-201, 53-20-204, MCA Implementing statute(s): 53-20-203, 53-20-205, MCA History: NEW, 1986 MAR p. 345, Eff. 4/21/86; AMD, 1993 MAR p. 1356, Eff. 6/25/93; TRANS, from SRS, 1998 MAR p. 31…

37.34.1501 INCIDENT REPORTING AND HANDLING, PURPOSE This rule governs the reporting and handling of incidents which harm, or could result in harm to, a person with a developmental disability who receives services funded by the Developmental Disabilities Program of the department.…

37.34.1502 INCIDENT REPORTING AND HANDLING, POLICY (REPEALED) Authorizing statute(s): 53-20-204, MCA Implementing statute(s): 53-20-205, MCA History: NEW, 1988 MAR p. 1895, Eff. 8/26/88; AMD, 1996 MAR p. 2188, Eff. 8/9/96; TRANS, from SRS, 1998 MAR p. 3124; REP, 2013 MAR p. 148, …

37.34.1506 INCIDENT REPORTING AND HANDLING (REPEALED) Authorizing statute(s): 53-20-204, MCA Implementing statute(s): 53-20-205, MCA History: NEW, 1988 MAR p. 1895, Eff. 8/26/88; AMD, 1996 MAR p. 2188, Eff. 8/9/96; TRANS, from SRS, 1998 MAR p. 3124; REP, 2013 MAR p. 148, Eff. 2/1…

37.34.1507 INCIDENT REPORTING AND HANDLING, DEATH, SUICIDE ATTEMPT, UNACCOUNTED FOR ABSENCE, EMERGENCY HOSPITALIZATION OR LAW ENFORCEMENT INVOLVEMENT (REPEALED) Authorizing statute(s): 53-20-204, MCA Implementing statute(s): 53-20-205, MCA History: NEW, 1988 MAR p. 1895, Eff. 8/2…

37.34.1511 INCIDENT REPORTING AND HANDLING, INVESTIGATIONS (REPEALED) Authorizing statute(s): 53-20-204, MCA Implementing statute(s): 53-20-205, MCA History: NEW, 1988 MAR p. 1895, Eff. 8/26/88; AMD, 1996 MAR p. 2188, Eff. 8/9/96; TRANS, from SRS, 1998 MAR p. 3124; REP, 2013 MAR …

37.34.1512 INCIDENT REPORTING AND HANDLING, CONFIDENTIALITY (REPEALED) Authorizing statute(s): 53-20-204, MCA Implementing statute(s): 53-20-205, MCA History: NEW, 1988 MAR p. 1895, Eff. 8/26/88; AMD, 1996 MAR p. 2188, Eff. 8/9/96; TRANS, from SRS, 1998 MAR p. 3124; REP, 2013 MAR…

37.34.1513 INCIDENT REPORTING AND HANDLING, CLIENT ABUSE OR CLIENT PROBLEM BEHAVIOR (REPEALED) Authorizing statute(s): 53-20-204, MCA Implementing statute(s): 53-20-205, MCA History: NEW, 1988 MAR p. 1895, Eff. 8/26/88; AMD, 1996 MAR p. 2188, Eff. 8/9/96; TRANS, from SRS, 1998 MA…

37.34.1601 REGIONAL COUNCILS (REPEALED) Authorizing statute(s): 53-20-207, MCA Implementing statute(s): 53-20-203, 53-20-207, MCA History: NEW, 1979 MAR p. 1721, Eff. 12/28/79; TRANS, from SRS, 1998 MAR p. 3124; REP, 2013 MAR p. 165, Eff. 2/1/13.

37.34.1701 PREPARATION OF MONTANA DEVELOPMENTAL DISABILITIES STATE PLAN (REPEALED) Authorizing statute(s): 53-20-204, MCA Implementing statute(s): 53-20-203, 53-20-206, MCA History: NEW, 1979 MAR p. 1712, Eff. 12/28/79; TRANS, from SRS, 1998 MAR p. 3124; REP, 2013 MAR p. 165, Eff…

37.34.1801 ACCREDITATION STANDARDS FOR PROVIDER PROGRAMS OF SERVICES: ADOPTION AND APPLICABILITY (REPEALED) Authorizing statute(s): 53-20-204, MCA Implementing statute(s): 53-20-203, 53-20-205, MCA History: NEW, 1985 MAR p. 1156, Eff. 8/16/85; AMD, 1990 MAR p. 1851, Eff. 9/28/90;…

37.34.1802 ACCREDITATION STANDARDS FOR PROVIDER PROGRAMS OF SERVICES: DEPARTMENT ASSISTANCE (REPEALED) Authorizing statute(s): 53-20-204, MCA Implementing statute(s): 53-20-203, 53-20-205, MCA History: NEW, 1985 MAR p. 1156, Eff. 8/16/85; AMD, 1990 MAR p. 1851, Eff. 9/28/90; TRAN…

37.34.1901 MEDICAID HOME AND COMMUNITY SERVICES CHILDREN'S AUTISM PROGRAM 0667: AUTHORITY (REPEALED) Authorizing statute(s): 53-6-402, MCA Implementing statute(s): 53-6-402, MCA History: NEW, 2012 MAR p. 2085, Eff. 10/12/12; REP, 2022 MAR p. 1850, Eff. 9/24/22.

37.34.1902 DEFINITIONS The definitions applicable to Applied Behavior Analysis (ABA) therapy services are as follows: "Applied Behavior Analysis" (ABA) means a type of therapy that applies human behavior principles to improve a member's adaptive functioning and reduce problem beh…

37.34.1903 MEDICAID HOME AND COMMUNITY SERVICES CHILDREN'S AUTISM PROGRAM 0667: GENERALLY (REPEALED) Authorizing statute(s): 53-6-402, MCA Implementing statute(s): 53-6-402, MCA History: NEW, 2012 MAR p. 2085, Eff. 10/12/12; REP, 2022 MAR p. 1850, Eff. 9/24/22.

37.34.1905 MEDICAID HOME AND COMMUNITY SERVICES CHILDREN'S AUTISM PROGRAM 0667: ELIGIBILITY (REPEALED) Authorizing statute(s): 53-6-402, MCA Implementing statute(s): 53-6-402, MCA History: NEW, 2012 MAR p. 2085, Eff. 10/12/12; REP, 2022 MAR p. 1850, Eff. 9/24/22.

37.34.1907 MEDICAID HOME AND COMMUNITY SERVICES CHILDREN'S AUTISM PROGRAM 0667: SCREENING AND ACCEPTANCE DETERMINATIONS (REPEALED) Authorizing statute(s): 53-6-402, MCA Implementing statute(s): 53-6-402, MCA History: NEW, 2012 MAR p. 2085, Eff. 10/12/12; REP, 2022 MAR p. 1850, Ef…

37.34.1908 INITIAL ELIGIBILITY For a member to qualify for initial ABA services, the member must meet the functional impairment criteria and one of the following: have a provisional qualifying diagnosis of ASD and be under 21 years of age; be DD eligible and under 21 years of age…

37.34.1909 MEDICAID AND COMMUNITY SERVICES CHILDREN'S AUTISM PROGRAM 0667: TRANSITIONING FROM THE CHILDREN'S AUTISM WAIVER (REPEALED) Authorizing statute(s): 53-6-402, MCA Implementing statute(s): 53-6-402, MCA History: NEW, 2012 MAR p. 2085, Eff. 10/12/12; REP, 2022 MAR p. 1850,…

37.34.1911 MEDICAID AND COMMUNITY SERVICES CHILDREN'S AUTISM PROGRAM 0667: REIMBURSEMENT (REPEALED) Authorizing statute(s): 53-6-402, MCA Implementing statute(s): 53-6-402, MCA History: NEW, 2012 MAR p. 2085, Eff. 10/12/12; REP, 2022 MAR p. 1850, Eff. 9/24/22.

37.34.1912 CONTINUED ELIGIBILITY FOR ADDITIONAL UNITS OF SERVICE For a member to continue receiving ABA services after the initial 180 calendar days or the initial authorized units of service are exhausted, they must meet all criteria for continued eligibility and for additional …

37.34.1913 MEDICAID AND COMMUNITY SERVICES CHILDREN'S AUTISM PROGRAM 0667: AVAILABLE SERVICES (REPEALED) Authorizing statute(s): 53-6-402, MCA Implementing statute(s): 53-6-402, MCA History: NEW, 2012 MAR p. 2085, Eff. 10/12/12; REP, 2022 MAR p. 1850, Eff. 9/24/22.

37.34.1915 MEDICAID AND COMMUNITY SERVICES CHILDREN'S AUTISM PROGRAM 0667: GENERAL PROVIDER REQUIREMENTS (REPEALED) Authorizing statute(s): 53-6-402, MCA Implementing statute(s): 53-6-402, MCA History: NEW, 2012 MAR p. 2085, Eff. 10/12/12; REP, 2022 MAR p. 1850, Eff. 9/24/22.

37.34.1917 MEDICAID AND COMMUNITY SERVICES CHILDREN'S AUTISM PROGRAM 0667: INDIVIDUAL FAMILY SERVICE PLAN (REPEALED) Authorizing statute(s): 53-6-402, MCA Implementing statute(s): 53-6-402, MCA History: NEW, 2012 MAR p. 2085, Eff. 10/12/12; REP, 2022 MAR p. 1850, Eff. 9/24/22.…

37.34.1918 SERVICE REQUIREMENTS Services are covered only when within the scope of the provider's license. All providers must comply with all applicable state and federal statutes, rules, and regulations. Individuals receiving ABA services must meet the department's applicable in…

37.34.1919 MEDICAID AND COMMUNITY SERVICES CHILDREN'S AUTISM PROGRAM 0667: NOTICES AND FAIR HEARINGS (REPEALED) Authorizing statute(s): 53-6-402, MCA Implementing statute(s): 53-6-402, MCA History: NEW, 2012 MAR p. 2085, Eff. 10/12/12; REP, 2022 MAR p. 1850, Eff. 9/24/22.

37.34.1921 MEDICAID AND COMMUNITY SERVICES CHILDREN'S AUTISM PROGRAM 0667: INFORMING BENEFICIARY OF CHOICE (REPEALED) Authorizing statute(s): 53-6-402, MCA Implementing statute(s): 53-6-402, MCA History: NEW, 2012 MAR p. 2085, Eff. 10/12/12; REP, 2022 MAR p. 1850, Eff. 9/24/22.…

37.34.1923 MEDICAID AND COMMUNITY SERVICES CHILDREN'S AUTISM PROGRAM 0667: CHILDREN'S AUTISM TRAINING, DEFINITION (REPEALED) Authorizing statute(s): 53-6-402, MCA Implementing statute(s): 53-6-402, MCA History: NEW, 2012 MAR p. 2085, Eff. 10/12/12; REP, 2022 MAR p. 1850, Eff. 9/2…

37.34.1924 CONCURRENT SERVICES The following Montana Medicaid Children's Mental Health Bureau (CMHB) services may be provided concurrently with ABA services if ABA services are provided and billed outside the authorized treatment hours of the other programs, and if providers demo…

37.34.1925 MEDICAID AND COMMUNITY SERVICES CHILDREN'S AUTISM PROGRAM 0667: CHILDREN'S AUTISM TRAINING, REQUIREMENTS (REPEALED) Authorizing statute(s): 53-6-402, MCA Implementing statute(s): 53-6-402, MCA History: NEW, 2012 MAR p. 2085, Eff. 10/12/12; REP, 2022 MAR p. 1850, Eff. 9…

37.34.1927 MEDICAID AND COMMUNITY SERVICES CHILDREN'S AUTISM PROGRAM 0667: WAIVER-FUNDED CHILDREN'S CASE MANAGEMENT (REPEALED) Authorizing statute(s): 53-6-402, MCA Implementing statute(s): 53-6-402, MCA History: NEW, 2012 MAR p. 2085, Eff. 10/12/12; REP, 2022 MAR p. 1850, Eff. 9…

37.34.1929 MEDICAID AND COMMUNITY SERVICES CHILDREN'S AUTISM PROGRAM 0667: WAIVER-FUNDED CHILDREN'S CASE MANAGEMENT, REQUIREMENTS (REPEALED) Authorizing statute(s): 53-6-402, MCA Implementing statute(s): 53-6-402, MCA History: NEW, 2012 MAR p. 2085, Eff. 10/12/12; REP, 2022 MAR p…

37.34.1930 PROVIDER REQUIREMENTS A BCBA/BCBA-D must: comply with, and agree to be bound by, all laws, rules, regulations, and policies generally applicable to Medicaid providers including the provisions of ARM 37.85.401, 37.85.402, 37.85.406, 37.85.407, 37.85.410, 37.85.414, and …

37.34.1931 MEDICAID AND COMMUNITY SERVICES CHILDREN'S AUTISM PROGRAM 0667: RESPITE, DEFINITION (REPEALED) Authorizing statute(s): 53-6-402, MCA Implementing statute(s): 53-6-402, MCA History: NEW, 2012 MAR p. 2085, Eff. 10/12/12; REP, 2022 MAR p. 1850, Eff. 9/24/22.