Montana Administrative Code

37.34.2313 RESIDENTIAL FACILITY SCREENING: APPEAL OF SCREENING TEAM DETERMINATION OR RECOMMENDATION If the residential facility screening team determines that the individual is not seriously developmentally disabled and therefore a commitment or recommitment is not appropriate, t…

37.34.2316 RESIDENTIAL FACILITY SCREENING: CERTIFICATION OF DEVELOPMENTAL DISABILITIES PROFESSIONALS Developmental disabilities professionals are certified for the following purposes: to recommend, when requested by a party to a commitment proceeding to the district court or by t…

37.34.2317 RESIDENTIAL FACILITY SCREENING: THE CERTIFICATION COMMITTEE FOR DEVELOPMENT DISABILITIES PROFESSIONALS Developmental disabilities professionals are certified by the certification committee for developmental disabilities professionals. The purposes of the certification …

37.34.2318 RESIDENTIAL FACILITY SCREENING: CERTIFICATION PROCEDURES FOR DEVELOPMENTAL DISABILITIES PROFESSIONALS The certification procedures for a professional person are the following: submission of application forms by the applicant; a review by the certification committee, wi…

37.34.2319 RESIDENTIAL FACILITY SCREENING: QUALIFICATIONS OF DEVELOPMENTAL DISABILITIES PROFESSIONALS A developmental disabilities professional must be: a licensed psychologist; a licensed psychiatrist; or a person with a master's degree in psychology, who: has training and exper…

37.34.2320 RESIDENTIAL FACILITY SCREENING: RIGHT TO APPEAL CERTIFICATION COMMITTEE DECISIONS Any action of the certification committee concerning certification denial or revocation may be appealed to the department. The notice of appeal shall be directed to the director of the de…

37.34.2901 INCORPORATION BY REFERENCE OF RULES FOR THE SUBMISSION AND REVIEW OF APPLICATIONS FOR THE AUTISM FACILITIES GRANT The Department of Public Health and Human Services adopts and incorporates by reference the Autism Facilities Grant Manual for the 2025 Biennium. The manua…

37.34.3001 REIMBURSEMENT FOR SERVICES: GENERALLY The following requirements and limitations govern the reimbursement of providers for the provision of services and items delivered to persons who are currently eligible for and accepted into one or more of the developmental disabil…

37.34.3002 REIMBURSEMENT FOR SERVICES: INDIVIDUAL COST PLANS Authorization for the reimbursement to a provider for the delivery of particular services and items to a person receiving Developmental Disabilities Program (DDP) funded services is based on the implementation of an ind…

37.34.3005 REIMBURSEMENT FOR SERVICES OF MEDICAID FUNDED DEVELOPMENTAL DISABILITIES HOME AND COMMUNITY-BASED SERVICES (HCBS) WAIVER PROGRAMS Reimbursement through the Developmental Disabilities Program's (DDP) Medicaid Home and Community-Based Services Waiver Programs is only ava…

37.34.3006 REIMBURSEMENT FOR SERVICES: THE 0371 COMMUNITY SUPPORTS PROGRAM OF MEDICAID FUNDED HOME AND COMMUNITY SERVICES (REPEALED) Authorizing statute(s): 53-2-201, 53-6-402, MCA Implementing statute(s): 53-2-201, 53-6-402, MCA History: NEW, 2011 MAR p. 1718, Eff. 8/26/11; REP,…

37.34.3007 REIMBURSEMENT FOR SERVICES: THE 0667 AUTISM PROGRAM OF MEDICAID FUNDED HOME AND COMMUNITY SERVICES (REPEALED) Authorizing statute(s): 53-2-201, 53-6-402, MCA Implementing statute(s): 53-2-201, 53-6-402, MCA History: NEW, 2011 MAR p. 1718, Eff. 8/26/11; REP, 2013 MAR p.…

37.34.301 PLACEMENT DETERMINATIONS: PURPOSE (REPEALED) Authorizing statute(s): 53-2-201, 53-20-203, 53-20-204, MCA Implementing statute(s): 53-20-203, 53-20-209, MCA History: NEW, 1991 MAR p. 2266, Eff. 11/28/91; TRANS, from SRS, 1998 MAR p. 3124; REP, 2014 MAR p. 217, Eff. 1/31/…

37.34.3012 REIMBURSEMENT FOR SERVICES: HOME AND COMMUNITY SERVICES FUNDED WITH NON-MEDICAID MONIES (REPEALED) Authorizing statute(s): 53-2-201, 53-20-204, MCA Implementing statute(s): 53-2-201, 53-20-203, 53-20-205, MCA History: NEW, 2011 MAR p. 1718, Eff. 8/26/11; REP, 2013 MAR …

37.34.3013 REIMBURSEMENT FOR SERVICES: PART C EARLY INTERVENTION SERVICES PROGRAM (REPEALED) Authorizing statute(s): 53-2-201, 53-20-204, MCA Implementing statute(s): 53-2-201, 53-20-203, 53-20-205, MCA History: NEW, 2011 MAR p. 1718, Eff. 8/26/11; REP, 2013 MAR p. 1212, Eff. 7/1…

37.34.3015 REIMBURSEMENT FOR SERVICES: TARGETED CASE MANAGEMENT SERVICES (REPEALED) Authorizing statute(s): 53-2-201, 53-6-113, MCA Implementing statute(s): 53-2-201, 53-6-101, MCA History: NEW, 2011 MAR p. 1718, Eff. 8/26/11; REP, 2013 MAR p. 1212, Eff. 7/12/13.

37.34.302 PLACEMENT DETERMINATIONS: DEFINITIONS (REPEALED) Authorizing statute(s): 53-2-201, 53-20-203, 53-20-204, MCA Implementing statute(s): 53-20-203, 53-20-209, MCA History: NEW, 1991 MAR p. 2266, Eff. 11/28/91; TRANS, from SRS, 1998 MAR p. 3124; REP, 2014 MAR p. 217, Eff. 1…

37.34.306 PLACEMENT DETERMINATIONS: REFERRAL PROCESS (REPEALED) Authorizing statute(s): 53-2-201, 53-20-203, 53-20-204, MCA Implementing statute(s): 53-20-203, 53-20-209, MCA History: NEW, 1991 MAR p. 2266, Eff. 11/28/91; TRANS, from SRS, 1998 MAR p. 3124; REP, 2014 MAR p. 217, E…

37.34.307 PLACEMENT DETERMINATIONS: SCREENING PROCEDURES (REPEALED) Authorizing statute(s): 53-2-201, 53-20-203, 53-20-204, MCA Implementing statute(s): 53-20-203, 53-20-209, MCA History: NEW, 1991 MAR p. 2266, Eff. 11/28/91; TRANS, from SRS, 1998 MAR p. 3124; REP, 2014 MAR p. 21…

37.34.308 PLACEMENT DETERMINATIONS: CRITERIA (REPEALED) Authorizing statute(s): 53-2-201, 53-20-203, 53-20-204, MCA Implementing statute(s): 53-20-203, 53-20-209, MCA History: NEW, 1991 MAR p. 2266, Eff. 11/28/91; TRANS, from SRS, 1998 MAR p. 3124; REP, 2014 MAR p. 217, Eff. 1/31…

37.34.309 PLACEMENT DETERMINATIONS: LOCAL SCREENING COMMITTEES (REPEALED) Authorizing statute(s): 53-2-201, 53-20-203, 53-20-204, MCA Implementing statute(s): 53-20-203, 53-20-209, MCA History: NEW, 1991 MAR p. 2266, Eff. 11/28/91; TRANS, from SRS, 1998 MAR p. 3124; REP, 2014 MAR…

37.34.310 PLACEMENT DETERMINATIONS: CENTRAL SCREENING COMMITTEE (REPEALED) Authorizing statute(s): 53-2-201, 53-20-203, 53-20-204, MCA Implementing statute(s): 53-20-203, 53-20-209, MCA History: NEW, 1991 MAR p. 2266, Eff. 11/28/91; TRANS, from SRS, 1998 MAR p. 3124; REP, 2014 MA…

37.34.311 PLACEMENT DETERMINATIONS: CATEGORICAL EXCEPTIONS TO PLACEMENT RULES (REPEALED) Authorizing statute(s): 53-2-201, 53-20-203, 53-20-204, MCA Implementing statute(s): 53-20-203, 53-20-209, MCA History: NEW, 1991 MAR p. 2266, Eff. 11/28/91; TRANS, from SRS, 1998 MAR p. 3124…

37.34.318 PLACEMENT DETERMINATIONS: SUPPORTED LIVING SCREENING (REPEALED) Authorizing statute(s): 53-2-201, 53-20-203, 53-20-204, MCA Implementing statute(s): 53-20-203, 53-20-209, MCA History: NEW, 1991 MAR p. 2266, Eff. 11/28/91; TRANS, from SRS, 1998 MAR p. 3124; REP, 2014 MAR…

37.34.319 PLACEMENT DETERMINATIONS: SUPPORTED EMPLOYMENT SCREENING (REPEALED) Authorizing statute(s): 53-2-201, 53-20-203, 53-20-204, MCA Implementing statute(s): 53-20-203, 53-20-209, MCA History: NEW, 1991 MAR p. 2266, Eff. 11/28/91; TRANS, from SRS, 1998 MAR p. 3124; REP, 2014…

37.34.325 PLACEMENT DETERMINATIONS: SERVICE EXCHANGE (REPEALED) Authorizing statute(s): 53-2-201, 53-20-203, 53-20-204, MCA Implementing statute(s): 53-20-203, 53-20-209, MCA History: NEW, 1991 MAR p. 2266, Eff. 11/28/91; TRANS, from SRS, 1998 MAR p. 3124; REP, 2014 MAR p. 217, E…

37.34.329 PLACEMENT DETERMINATIONS: TRIAL PLACEMENT (REPEALED) Authorizing statute(s): 53-2-201, 53-20-203, 53-20-204, MCA Implementing statute(s): 53-20-203, 53-20-209, MCA History: NEW, 1991 MAR p. 2266, Eff. 11/28/91; TRANS, from SRS, 1998 MAR p. 3124; REP, 2014 MAR p. 217, Ef…

37.34.330 PLACEMENT DETERMINATIONS: TEMPORARY SERVICE AUTHORIZATION (REPEALED) Authorizing statute(s): 53-2-201, 53-20-203, 53-20-204, MCA Implementing statute(s): 53-20-203, 53-20-209, MCA History: NEW, 1991 MAR p. 2266, Eff. 11/28/91; TRANS, from SRS, 1998 MAR p. 3124; REP, 201…

37.34.335 PLACEMENT DETERMINATIONS: NOTICES AND APPEALS (REPEALED) Authorizing statute(s): 53-2-201, 53-20-203, 53-20-204, MCA Implementing statute(s): 53-20-203, 53-20-209, MCA History: NEW, 1991 MAR p. 2266, Eff. 11/28/91; TRANS, from SRS, 1998 MAR p. 3124; REP, 2014 MAR p. 217…

37.34.601 FAMILY SERVICES: PURPOSE Family services include family education and support services, children's community home services and children's summer day services. The purpose of family education and support services is to obtain or provide resources, support, training and a…

37.34.602 FAMILY SERVICES: GENERAL DEFINITIONS These definitions apply to all family services. "Children's community home" means a licensed, home-like living arrangement in which 2 to 6 children with developmental disabilities who are between 5 and 22 years of age and have intens…

37.34.604 FAMILY SERVICES: DEFINITIONS FOR STATE FUNDED AND FEDERALLY FUNDED PART H FAMILY EDUCATION AND SUPPORT SERVICES These definitions apply to state funded family education and support services and to federally funded Part H education and support services. "Assistive techno…

37.34.605 FAMILY SERVICES: DEFINITIONS FOR STATE FUNDED FAMILY EDUCATION AND SUPPORT SERVICES These definitions apply to state funded family education and support services. "Annual service agreement" means a yearly plan developed with a family to provide limited or follow-along f…

37.34.609 FAMILY SERVICES: GENERAL REQUIREMENTS Family services must be provided in accordance with the performance requirements in this rule. The department will enter into contracts with entities to provide family services. A contractor providing family services must comply wit…

37.34.612 FAMILY SERVICES: FAMILY EDUCATION AND SUPPORT SERVICES REQUIREMENTS Family education and support services must be provided in accordance with the performance requirements in this rule. A contractor providing family education and support services must comply with the per…

37.34.613 FAMILY SERVICES: STATE FUNDED FAMILY EDUCATION AND SUPPORT SERVICES REQUIREMENTS State funded family education and support services must be provided in accordance with the performance requirements in this rule. A contractor providing state funded family education and su…

37.34.614 FAMILY SERVICES: FEDERALLY FUNDED PART H FAMILY EDUCATION AND SUPPORT SERVICES REQUIREMENTS Federally funded Part H family education and support services must be provided in accordance with the performance requirements in this rule. A contractor providing federally fund…

37.34.615 FAMILY SERVICES: FAMILY EDUCATION AND SUPPORT SERVICES RESOURCE AND SUPPORT WRAP-AROUND SERVICES REQUIREMENTS Resource and support wrap-around services must be provided in accordance with the IFSP. Resource and support wrap-around services are available for a child and …

37.34.616 FAMILY SERVICES: FEDERALLY FUNDED INTENSIVE FAMILY EDUCATION AND SUPPORT SERVICES REQUIREMENTS Federally funded intensive family education and support services must be provided in accordance with the performance requirements in this rule. A contractor providing federall…

37.34.621 FAMILY SERVICES: CHILDREN'S COMMUNITY HOME SERVICES REQUIREMENTS Children's community home services must be provided in accordance with the performance requirements in this rule. A contractor providing children's community home services must comply with the performance …

37.34.622 SERVICES: CHILDREN'S SUMMER DAY SERVICES REQUIREMENTS Children's summer day services must be in accordance with the performance requirements in this rule. A contractor providing children's summer day services must comply with the performance requirements in this rule an…

37.34.701 ADULT SERVICES: PURPOSE The purpose of adult services is to obtain resources, support, training and guidance designed to assist an individual in the individual's life. Services, in accordance with the individual planning process provided at ARM 37.34.1101, et seq., must…

37.34.702 ADULT SERVICES: PERFORMANCE REQUIREMENTS Adult services must be provided in accordance with the performance requirements in this rule. A contractor providing adult services, other than a contractor providing transportation services that are also available to the general…

37.34.706 ADULT SERVICES: COMMUNITY HOME SERVICES REQUIREMENTS Adult community home services must be provided in accordance with the performance requirements in this rule. A contractor providing adult community home services must comply with the performance requirements in this r…

37.34.711 ADULT SERVICES: WORK OR DAY SERVICES REQUIREMENTS Work or day services must be provided in accordance with the performance requirements in this rule. A contractor providing work or day services must comply with the performance requirements in this rule. All performance …

37.34.712 ADULT SERVICES: SUPPORTED LIVING SERVICES REQUIREMENTS Supported living services must be provided in accordance with the performance requirements in this rule. A contractor providing supported living services must comply with the performance requirements in this rule. A…

37.34.713 ADULT SERVICES: SUPPORTED LIVING SERVICES SAFETY REQUIREMENTS A contractor who provides supported living services must comply with the safety requirements in this rule. The contractor must document that the individual, with or without assistance, demonstrates the abilit…

37.34.901 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: AUTHORITY The department has been granted by the United States Department of Health and Human Services (HHS) the authority, through 42 USC 1396n(c) and 42 CFR 441.300 through 441.310, to provide Medicaid home and …

37.34.902 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: GENERALLY Services and selection into services through the 0208 Medicaid Home and Community Services Waiver Program are available only to the extent that the federal approval of the state's program permits and tha…

37.34.906 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: ELIGIBILITY A determination that a person is eligible to be considered for acceptance into the Medicaid Home and Community-Based Services (HCBS) Waiver Program does not entitle a person to selection and entry into…