Montana Administrative Code

37.36.207 EXAMINATION OF RECORDS An authorized agent of the committee may examine the records and other supporting data from which the quarterly returns required by ARM 37.36.202 were prepared during regular business hours with a minimum of two weeks prior notice. Authorizing sta…

37.36.401 LOANS Specialized telecommunications equipment will be loaned to a person who satisfies the eligibility requirements of ARM 37.36.603 after the individual has received training and signed a written agreement accepting the conditions of the loan prescribed in ARM 37.36.6…

37.36.402 OWNERSHIP All equipment loaned through MTAC will remain the property of the state of Montana. All equipment will be recorded and tracked for a minimum of five years by serial number, state of Montana identification tag and name, address, and telephone number of recipien…

37.36.406 SECURITY DEPOSIT (REPEALED) Authorizing statute(s): 53-19-307, MCA Implementing statute(s): 53-19-307, MCA History: NEW, 1997 MAR p. 505, Eff. 3/11/97; TRANS, from SRS, 1998 MAR p. 2064; REP, 2004 MAR p. 1398, Eff. 6/18/04.

37.36.601 PROVISION OF INFORMATION Upon request, the program will provide an application form and informational brochure describing the eligibility requirements and application process. Authorizing statute(s): 53-19-307, MCA Implementing statute(s): 53-19-305, MCA History: NEW, 1…

37.36.602 APPLICATION PROCESS A person wishing to receive a loan of specialized telecommunications equipment shall complete the application and return it to the address designated in the application form. Application may be made by the person wishing to receive equipment, by a pa…

37.36.603 NONFINANCIAL ELIGIBILITY CRITERIA To be eligible for a loan of specialized telecommunications equipment, an applicant, in addition to meeting the financial criteria for eligibility specified in ARM 37.36.604, must: be a resident of Montana; have a telephone usage disabi…

37.36.604 FINANCIAL ELIGIBILITY CRITERIA Individuals whose annual family income during the 12 months immediately preceding the month of application is less than 250% of the 2025 poverty guidelines published by the U.S. Department of Health and Human Services (HHS) are eligible fo…

37.36.606 VERIFICATION REQUIREMENTS The program may request from the applicant verification of the applicant's gross annual income and/or the applicant's telephone usage disability. The applicant must provide requested verification within 30 days of the date of request or the app…

37.36.607 NOTICES The applicant will be notified in writing whether the application is denied or approved. Notice must be given within 30 days of the date of receipt of the application if no verification is requested. If verification of income and/or telephone usage disability is…

37.36.610 DETERMINATION OF APPROPRIATE TELECOMMUNICATION DEVICE The program shall consult with the applicant to determine the appropriate telecommunication device or devices. However, the program shall make the final determination, taking into consideration the needs and wishes o…

37.36.611 PRIORITIES If program resources are not sufficient to provide equipment to all eligible applicants, equipment will be loaned on a first come, first served basis. Authorizing statute(s): 53-19-307, MCA Implementing statute(s): 53-19-305, MCA History: NEW, 1997 MAR p. 505…

37.36.612 REQUIRED TRAINING AND CONDITIONS OF ACCEPTANCE A person whose application for a loan has been approved must complete training as required by the program and must demonstrate the ability to use the equipment before specialized telecommunications equipment will be issued.…

37.36.901 GROUNDS FOR APPEAL In accordance with the procedures set forth in ARM 37.36.902, an applicant or recipient may appeal any decision of the program regarding: eligibility for a loan; what is the appropriate communication device for the applicant or recipient; priority for…

37.36.902 APPEAL PROCEDURES To appeal any program decision specified in ARM 37.36.902, an applicant or recipient must submit to the program a clear written statement that the applicant or recipient is dissatisfied with the decision and wishes to appeal it. The statement must be r…

37.37.101 THERAPEUTIC YOUTH GROUP HOMES, DEFINITIONS (REPEALED) Authorizing statute(s): 41-3-1103, 41-3-1142, 52-2-111, 52-2-622, MCA Implementing statute(s): 41-3-1102, 41-3-1142, 52-2-111, 52-2-622, MCA History: NEW, 1995 MAR p. 472, Eff. 3/31/95; AMD, 1995 MAR p. 1119, Eff. 6/…

37.37.105 THERAPEUTIC YOUTH GROUP HOME, APPLICABILITY AND PARTICIPATION (REPEALED) Authorizing statute(s): 41-3-1103, 52-1-103, 52-2-111, MCA Implementing statute(s): 41-3-1103, 41-3-1122, 41-3-1105, 52-1-103, MCA History: NEW, 1997 MAR p. 548, Eff. 3/25/97; TRANS, from DFS, 1998…

37.37.108 THERAPEUTIC YOUTH GROUP HOMES, STAFFING OF MODERATE LEVEL HOMES (REPEALED) Authorizing statute(s): 41-3-1103, 41-3-1142, 52-2-111, 52-2-602, 52-2-603, 52-2-622, 53-4-212, MCA Implementing statute(s): 41-3-1103, 41-3-1142, 52-2-111, 52-2-602, 52-2-603, 52-2-622, 53-2-201…

37.37.111 THERAPEUTIC YOUTH GROUP HOMES, STAFFING OF CAMPUS BASED LEVEL HOMES (REPEALED) Authorizing statute(s): 41-3-1103, 41-3-1142, 52-2-111, 52-2-602, 52-2-603, 52-2-622, 53-4-212, MCA Implementing statute(s): 41-3-1103, 41-3-1142, 52-2-111, 52-2-602, 52-2-603, 52-2-622, 53-2…

37.37.115 THERAPEUTIC YOUTH GROUP HOMES, STAFFING OF INTENSIVE LEVEL HOMES (REPEALED) Authorizing statute(s): 41-3-1103, 41-3-1142, 52-2-111, 52-2-602, 52-2-603, 52-2-622, 53-4-212, MCA Implementing statute(s): 41-3-1103, 41-3-1142, 52-2-111, 52-2-602, 52-2-603, 52-2-622, 53-2-20…

37.37.120 THERAPEUTIC YOUTH GROUP HOMES, MEDICAL NECESSITY, ADDITIONAL TRAINING REQUIREMENTS (REPEALED) Authorizing statute(s): 41-3-1103, 41-3-1142, 52-2-111, MCA Implementing statute(s): 41-3-1103, 41-3-1142, 52-2-111, MCA History: NEW, 1994 MAR p. 2739, Eff. 10/14/94; TRANS, f…

37.37.130 THERAPEUTIC YOUTH GROUP HOMES, MEDICAL NECESSITY, WELL-CHILD SCREENING, AND CHEMOTHERAPY (REPEALED) Authorizing statute(s): 41-3-1103, 41-3-1142, 52-2-111, MCA Implementing statute(s): 41-3-1103, 41-3-1142, 52-2-111, MCA History: NEW, 1994 MAR p. 2739, Eff. 10/14/94; TR…

37.37.136 THERAPEUTIC YOUTH GROUP HOMES, MEDICAL NECESSITY, ADDITIONAL CASE RECORDS (REPEALED) Authorizing statute(s): 41-3-1103, 41-3-1142, 52-2-111, MCA Implementing statute(s): 41-3-1103, 41-3-1142, 52-2-111, MCA History: NEW, 1994 MAR p. 2739, Eff. 10/14/94; AMD, 1997 MAR p. …

37.37.301 THERAPEUTIC FAMILY CARE, DEFINITIONS (REPEALED) Authorizing statute(s): 41-3-1103, 52-1-103, 52-2-111, MCA Implementing statute(s): 41-3-1103, 41-3-1105, 41-3-1122, MCA History: NEW, 1995 MAR p. 2501, Eff. 11/23/95; AMD, 1997 MAR p. 548, Eff. 3/25/97; TRANS, from DFS, 1…

37.37.303 THERAPEUTIC FAMILY CARE, COMPLIANCE WITH APPLICABLE REQUIREMENTS (REPEALED) Authorizing statute(s): 41-3-1103, 52-1-103, 52-2-111, MCA Implementing statute(s): 41-3-1103, 41-3-1105, 41-3-1122, 52-1-103, MCA History: NEW, 1995 MAR p. 2501, Eff. 11/23/95; AMD, 1997 MAR p.…

37.37.310 THERAPEUTIC FAMILY CARE, LEVELS OF SERVICE (REPEALED) Authorizing statute(s): 41-3-1103, 52-1-103, 52-2-111, MCA Implementing statute(s): 41-3-1103, 41-3-1105, 41-3-1122, MCA History: NEW, 1995 MAR p. 2501, Eff. 11/23/95; AMD, 1997 MAR p. 548, Eff. 3/25/97; TRANS, from …

37.37.311 THERAPEUTIC FAMILY CARE, STAFF (REPEALED) Authorizing statute(s): 41-3-1103, 52-1-103, 52-2-111, MCA Implementing statute(s): 41-3-1103, 41-3-1105, 41-3-1122, MCA History: NEW, 1995 MAR p. 2501, Eff. 11/23/95; AMD, 1997 MAR p. 548, Eff. 3/25/97; TRANS, from DFS, 1998 MA…

37.37.316 THERAPEUTIC FAMILY CARE, TREATMENT PARENTS (REPEALED) Authorizing statute(s): 41-3-1103, 52-1-103, 52-2-111, 52-2-601, 52-2-621, 52-2-622, MCA Implementing statute(s): 41-3-1103, 41-3-1105, 41-3-1122, 52-1-103, 52-2-111, 52-2-601, 52-2-621, 52-2-622, MCA History: NEW, 1…

37.37.318 THERAPEUTIC FAMILY CARE, MEDICAL NECESSITY, ADDITIONAL TRAINING REQUIREMENTS (REPEALED) Authorizing statute(s): 41-3-1103, 52-1-103, 52-2-111, 52-2-601, 52-2-621, 52-2-622, MCA Implementing statute(s): 41-3-1103, 41-3-1105, 41-3-1122, 52-1-103, 52-2-111, 52-2-601, 52-2-…

37.37.323 THERAPEUTIC FAMILY CARE, INDIVIDUAL TREATMENT PLAN (REPEALED) Authorizing statute(s): 41-3-1103, 52-1-103, 52-2-111, MCA Implementing statute(s): 41-3-1103, 41-3-1105, 41-3-1122, MCA History: NEW, 1995 MAR p. 2501, Eff. 11/23/95; AMD, 1997 MAR p. 548, Eff. 3/25/97; TRAN…

37.37.330 THERAPEUTIC FAMILY CARE, WELL-CHILD SCREENING, AND CHEMOTHERAPY (REPEALED) Authorizing statute(s): 41-3-1103, 52-1-103, 52-2-111, MCA Implementing statute(s): 41-3-1103, 41-3-1105, 41-3-1122, MCA History: NEW, 1995 MAR p. 2501, Eff. 11/23/95; TRANS, from DFS, 1998 MAR p…

37.37.336 THERAPEUTIC FAMILY CARE, MEDICAL NECESSITY, ADDITIONAL CASE RECORDS (REPEALED) Authorizing statute(s): 41-3-1103, 52-1-103, 52-2-111, MCA Implementing statute(s): 41-3-1103, 41-3-1105, 41-3-1122, MCA History: NEW, 1995 MAR p. 2501, Eff. 11/23/95; AMD, 1997 MAR p. 548, E…

37.40.1001 AGENCY-BASED AND SELF-DIRECTED COMMUNITY FIRST CHOICE SERVICES: DEFINITIONS "Activities of daily living" (ADL) means basic personal everyday activities limited to bathing, personal hygiene, transferring, positioning, eating, dressing, toileting, assistance with exercis…

37.40.1002 AGENCY-BASED AND SELF-DIRECTED COMMUNITY FIRST CHOICE SERVICES: ELIGIBILITY, SERVICES PROVIDED, AND LIMITATIONS To qualify for Community First Choice Services (CFCS), a person must: be Medicaid eligible; meet the level of care criteria found at ARM 37.40.205(1); and de…

37.40.1005 AGENCY-BASED AND SELF-DIRECTED COMMUNITY FIRST CHOICE SERVICES: PERSON-CENTERED PLAN REQUIREMENTS In order to receive Community First Choice Services (CFCS), the member must be capable of making choices about activities of daily living and instrumental activities of da…

37.40.1006 SELF-DIRECTED COMMUNITY FIRST CHOICE SERVICES: DESCRIPTION AND PURPOSE Self-directed Community First Choice Services (CFCS) are services provided to Medicaid members who choose to take the responsibility or have a representative take the responsibility of managing the …

37.40.1007 SELF-DIRECTED COMMUNITY FIRST CHOICE SERVICES: GENERAL REQUIREMENTS Self-directed Community First Choice Services (CFCS) may only be delivered by an attendant who is the employee of a Medicaid-enrolled provider and who is selected by the member or their personal repres…

37.40.1008 SELF-DIRECTED COMMUNITY FIRST CHOICE SERVICES: MEMBER REQUIREMENTS To qualify for self-directed Community First Choice Services (CFCS), the member: must be capable of assuming the management responsibilities of self-directed CFCS or have a personal representative willi…

37.40.101 LEVEL OF CARE DETERMINATIONS The three basic considerations in every level of care determination are the individual patient's medical, psychological, and social needs; the specific services required to fill these needs; and the health and other personnel required to ade…

37.40.1012 AGENCY-BASED AND SELF-DIRECTED COMMUNITY FIRST CHOICE SERVICES: TERMINATION FROM SERVICES Community First Choice Services (CFCS) may be terminated for any of the following reasons: the member, or other persons in the household, subjects the direct-care worker to physic…

37.40.1013 AGENCY-BASED AND SELF-DIRECTED COMMUNITY FIRST CHOICE SERVICES: PROVIDER ENROLLMENT Providers will enroll as a Community First Choice Services (CFCS)/Personal Care Services (PCS) provider, a CFCS/PCS personal emergency response system (PERS) provider, or both. Provider…

37.40.1016 AGENCY-BASED AND SELF-DIRECTED COMMUNITY FIRST CHOICE SERVICES: CONFLICT OF INTEREST CRITERIA In order to perform the duties of an agency-based nurse supervisor, self-directed program oversight staff, or the Community First Choice Services (CFCS) provider person-center…

37.40.1017 AGENCY-BASED COMMUNITY FIRST CHOICE SERVICES: PROVIDER REQUIREMENTS Providers may enroll as a Community First Choice Services (CFCS) personal care attendant provider, a CFCS personal emergency response system provider, or both. CFCS personal care attendant providers wi…

37.40.1018 SELF-DIRECTED COMMUNITY FIRST CHOICE SERVICES: PROVIDER REQUIREMENTS Self-directed Community First Choice Services (CFCS) providers must employ program oversight staff to perform the following self-directed oversight activities: assist members to identify resources for…

37.40.1022 AGENCY-BASED COMMUNITY FIRST CHOICE SERVICES: PROVIDER COMPLIANCE Providers of Community First Choice Services (CFCS) will be subject to compliance reviews to provide assurance to the department that services are being provided within the rules and policy of the progra…

37.40.1023 SELF-DIRECTED COMMUNITY FIRST CHOICE SERVICES: PROVIDER COMPLIANCE Providers of Community First Choice Services (CFCS) will be subject to compliance reviews to provide assurance to the department that services are being provided within the rules and policy of the progr…

37.40.1026 AGENCY-BASED AND SELF-DIRECTED COMMUNITY FIRST CHOICE SERVICES: REIMBURSEMENT Community First Choice Services (CFCS) may be provided up to, but not more than, 84 hours of attendant service per two-week time period per person as defined by the service profile. The depar…

37.40.1027 ADD-ON PAYMENTS AND REPORTING REQUIREMENTS FOR DIRECT-CARE WORKERS' WAGE AND LUMP-SUM PAYMENTS In addition to the reimbursement fee as provided in ARM 37.40.1026, 37.40.1030, 37.40.1105, and 37.85.105, the department will pay Medicaid personal assistance service and Co…

37.40.1030 ADD-ON PAYMENTS AND REPORTING REQUIREMENTS FOR HEALTH CARE WORKERS The department will pay Medicaid Personal Assistance Services and Community First Choice Services (CFCS) providers located in Montana, who submit an approved request to the department, an add-on payment…

37.40.105 SKILLED CARE The goal of skilled care is to provide care for patients who require general medical management and skilled nursing care on a continuing basis, but who do not require the constant availability of physician services ordinarily found only in the hospital sett…