Montana Administrative Code

37.34.907 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: SELECTION AND ENTRY A person may be placed on the statewide waiting list for consideration for selection and entry into the 0208 Medicaid Home and Community-Based (HCBS) Waiver Program if the person is found eligi…

37.34.908 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: SELF-DIRECTED SERVICES, DEFINITIONS "Agency with choice model" means an agency that is the legal entity under a contract with the Developmental Disabilities Program to administratively undertake legally necessary …

37.34.909 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: SELF-DIRECTED SERVICES, REQUIREMENTS A person living in a natural home or private residence may elect to self-direct some or all of their waiver services using: an agency with choice model; or an employer authorit…

37.34.911 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: AVAILABLE SERVICES The following services may be provided under the Medicaid Home and Community-Based Services Program: adult foster, as provided in ARM 37.34.929; assisted living, as provided in ARM 37.34.930; be…

37.34.912 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: PROVIDER REQUIREMENTS The Developmental Disabilities Program 0208 Comprehensive Waiver Provider Manual, dated July 1, 2024, sets forth the qualifications and standards that govern the qualified provider and servic…

37.34.913 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: REIMBURSEMENT Reimbursement for the provision of services or items funded through the 0208 Medicaid Home and Community-Based Services Waiver Program is available in accordance with criteria and procedures in ARM 3…

37.34.917 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: TERMINATION OF PLACEMENT The department may terminate a person's placement in the 0208 Medicaid Home and Community-Based Services Waiver Program if the person does not meet the requirements for the program, in acc…

37.34.918 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: FREEDOM OF CHOICE A person determined by the department to require the level of care provided in an ICF/IID must be given a choice between placement in an ICF/IID or in the 0208 Medicaid Home and Community-Based S…

37.34.919 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: NOTICE AND FAIR HEARING A person aggrieved by an adverse determination by the department may request a fair hearing as provided in ARM Title 37, chapter 5, subchapter 3. Authorizing statute(s): 53-6-113, 53-6-402,…

37.34.925 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: SPECIALIZED MEDICAL EQUIPMENT AND SUPPLIES Specialized medical equipment and supplies are equipment necessary for the waiver recipient to obtain or retain employment or to increase independent functioning in compl…

37.34.926 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: COMPANION SERVICES Companion services consist of nonmedical supervision and socialization provided to a waiver recipient with a functional impairment who is age 14 or older. Companions may assist or supervise the …

37.34.929 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: ADULT FOSTER Adult foster support is a comprehensive service in which the person resides with an unrelated caregiver, licensed as an adult foster care provider, in order to receive support and supervision. A provi…

37.34.930 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: ASSISTED LIVING Assisted living is a congregate residential setting that provides or coordinates personal care, homemaker services, medication oversight, social and recreation activities, 24-hour supervision and a…

37.34.933 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: BEHAVIORAL SUPPORT SERVICES Behavioral support services (BSS) teach others to carry out ethical and effective behavior interventions based on positive behavior supports. Behavioral support services staff may super…

37.34.934 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: CAREGIVER TRAINING AND SUPPORT Caregiver training and support (CTS) are services for unpaid caregivers who provide training, companionship, or supervision to a person with a developmental disability in a family se…

37.34.937 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: COMMUNITY TRANSITION SERVICES Community transition services are nonrecurring set-up expenses for a person who is transitioning from an institution to a Developmental Disabilities Program (DDP) waiver-funded home a…

37.34.938 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: DAY SUPPORTS AND ACTIVITIES Day supports and activities consist of formalized habilitation services and staff support for the acquisition, retention, or improvement in self-help, behavioral, educational, socializa…

37.34.941 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: ENVIRONMENTAL MODIFICATIONS Environmental modifications are those physical adaptations to the home or vehicle required by the waiver recipient's plan of care, which are necessary to safeguard the health, welfare, …

37.34.942 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: HOMEMAKER Homemaker services are general household activities performed when the person regularly responsible for these activities is unable to manage the home or care for self or others in the home or is engaged …

37.34.946 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: INDIVIDUAL GOODS AND SERVICES Individual goods and services are services, supports, or goods that enhance opportunities to achieve outcomes related to living arrangements, relationships, and inclusion in the commu…

37.34.947 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: JOB DISCOVERY (REPEALED) (REPEALED) Authorizing statute(s): 53-6-113, 53-6-402, MCA Implementing statute(s): 53-6-101, 53-6-402, MCA History: NEW, 1992 MAR p. 1490, Eff. 7/17/92; AMD, 1995 MAR p. 1136, Eff. 6/30/9…

37.34.950 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: JOB PREPARATION (REPEALED) (REPEALED) Authorizing statute(s): 53-6-113, 53-6-402, MCA Implementing statute(s): 53-6-101, 53-6-402, MCA History: NEW, 1992 MAR p. 1490, Eff. 7/17/92; TRANS, from SRS, 1998 MAR p. 312…

37.34.951 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: LIVE-IN CAREGIVER (REPEALED) (REPEALED) Authorizing statute(s): 53-6-113, 53-6-402, MCA Implementing statute(s): 53-6-101, 53-6-402, MCA History: NEW, 1992 MAR p. 1490, Eff. 7/17/92; TRANS, from SRS, 1998 MAR p. 3…

37.34.954 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: MEALS Meal services provide hot or other appropriate meals once or twice a day, up to seven days a week, to ensure that a person receives adequate nourishment and to prevent institutional placement. Meal services …

37.34.955 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: NUTRITIONIST Nutritionist services are services related to the management of a person's nutritional needs and include: meal planning; consultation with and training for persons providing direct care; and education…

37.34.956 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: OCCUPATIONAL THERAPY Occupational therapy is as defined in 37-24-103(5), MCA. Providers of occupational therapy services must be licensed in accordance with the rules and regulations governing the profession. Occu…

37.34.957 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: PERSONAL CARE Personal care services provide medically necessary in-home services to persons who are functionally limited in performing activities of daily living. Personal care services may include: assistance wi…

37.34.960 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: PERSONAL EMERGENCY RESPONSE SYSTEM Personal emergency response system (PERS) is an electronic device that enables the waiver recipient to secure help in an emergency and may include a portable "help" button to all…

37.34.961 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: PERSONAL SUPPORTS Personal supports services assist the waiver recipient in carrying out daily living tasks and other activities essential for living in the community. Services may include assistance with homemaki…

37.34.962 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: PHYSICAL THERAPY Physical therapy is as defined in 37-11-101(7), MCA. Providers of physical therapy services must be licensed in accordance with the rules and regulations governing the profession. Physical therapy…

37.34.963 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: PRIVATE DUTY NURSING The practice of nursing services is defined in 37-8-102, MCA. Providers of nursing services must be licensed in accordance with the rules and regulations governing the profession. A waiver rec…

37.34.967 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: PSYCHOLOGICAL EVALUATION, COUNSELING, AND CONSULTATION SERVICES Psychological evaluation, counseling, and consultation services are those services provided by a licensed psychologist, licensed professional counsel…

37.34.968 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: REMOTE MONITORING Remote monitoring provides oversight and monitoring within a residential setting through off-site electronic surveillance, while maintaining the health and safety of the waiver recipient receivin…

37.34.971 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: REMOTE MONITORING EQUIPMENT Remote monitoring equipment is the equipment used to operate systems such as live feed video, live audio feed, motion sensing system, radio frequency identification, web-based monitorin…

37.34.972 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: RESIDENTIAL HABILITATION Residential habilitation services support persons in acquiring, retaining, and improving self-help, social, and adaptive skills necessary to reside successfully in home and community-based…

37.34.973 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: RESIDENTIAL TRAINING SUPPORT (REPEALED) (REPEALED) Authorizing statute(s): 53-6-113, 53-6-402, MCA Implementing statute(s): 53-6-101, 53-6-402, MCA History: NEW, 1992 MAR p. 1490, Eff. 7/17/92; TRANS, from SRS, 19…

37.34.974 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: RESPITE Respite care includes any services designed to meet the safety and daily care needs of the waiver recipient and the needs of the waiver recipient's caregiver in relation to reducing stress generated by the…

37.34.978 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: RETIREMENT SERVICES Retirement services are available to a waiver recipient who is age 62 or older or who has limited ability to work due to health and safety issues. Waiver recipients receiving this service are n…

37.34.979 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: SPEECH THERAPY Speech therapy is as defined in 37-15-102, MCA. Providers of speech therapy services must be licensed in accordance with the rules and regulations governing the profession. Speech therapy must be pr…

37.34.980 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: SUPPORTED EMPLOYMENT, FOLLOW ALONG SUPPORT Follow along support consists of habilitation services and supports that enable a waiver recipient, who is paid at or above the state's minimum wage, to stabilize and mai…

37.34.981 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: SUPPORTED EMPLOYMENT, INDIVIDUAL EMPLOYMENT SUPPORTS Individual employment supports are habilitation services and staff supports needed by a waiver recipient to acquire a job or career advancement in the general w…

37.34.985 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: SUPPORT EMPLOYMENT, SMALL GROUP SUPPORT Small group employment support consists of habilitation services and staff supports needed for groups of two to eight waiver recipients to acquire and maintain a job or posi…

37.34.986 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: SUPPORT EMPLOYMENT, COWORKER SUPPORT Coworker support service allows the Developmental Disabilities Program (DDP) and developmental disabilities provider agencies to contract with a business to provide coworker jo…

37.34.987 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: SUPPORTS BROKERAGE Supports brokerage services assist the waiver recipient self-directing service with employer authority in arranging, directing, and managing self-directed services as described in the waiver rec…

37.34.988 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: TRANSPORTATION Transportation services are those services which enable waiver recipients to gain access to waiver and other community services, activities, and resources specified by the plan of care. Transportati…

37.34.989 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES WAIVER PROGRAM: WAIVER-FUNDED CHILDREN'S CASE MANAGEMENT (REPEALED) (REPEALED) Authorizing statute(s): 53-6-113, 53-6-402, MCA Implementing statute(s): 53-6-101, 53-6-402, MCA History: NEW, 2014 MAR p. 220, Eff. 1/31/14; R…

37.36.101 DEFINITIONS For purposes of this chapter, the following definitions apply: "Appropriate communication device" means the communication device which most efficiently allows access to an ordinary telecommunications system by a person with a telecommunications usage disabil…

37.36.201 ASSESSMENT A fee of ten cents per month shall be assessed on each end user connection provided and billed and against any prepaid options by a service provider. A service provider that periodically bills subscribers for services shall bill subscribers for the fee. In th…

37.36.202 EXEMPTIONS The following are exempt from the assessment provided in ARM 37.36.201: federal agencies and tax-exempt instrumentalities of the federal government; Indian tribes, with regard to end user connections on the tribe's reservation only; enrolled members of Indian…

37.36.206 REPORTING REQUIREMENTS Each provider must complete and file with the Department of Revenue a quarterly reporting form on or before the last day of the month following the end of each calendar quarter. The quarterly reporting form must provide the following information: …