Montana Administrative Code

37.41.116 AREA AGENCY ADVISORY COUNCIL Pursuant to applicable provisions of section 306 of the Older Americans Act, 42 U.S.C. § 3026, each area agency shall establish an advisory council to provide guidance and advice to the agency in the following areas: developing and administe…

37.41.117 AREA PLAN CONTENT An area plan shall: demonstrate how the area agency will meet functions required by ARM 37.41.110; and provide the services set forth in ARM 37.41.121. Area agency plans must meet the applicable requirements of section 306 of the Older Americans Act, 4…

37.41.118 AREA PLAN REVIEW (REPEALED) (REPEALED) Authorizing statute(s): 53-5-606, MCA Implementing statute(s): 53-5-602, 53-5-604, MCA History: NEW, 1980 MAR p. 1098, Eff. 3/28/80; READOPT, 1983 MAR p. 740, Eff. 7/1/83; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TR…

37.41.119 AREA PLAN, APPROVAL/DISAPPROVAL The department will approve an area plan and amendments meeting the requirements of this subchapter and the Older Americans Act. The department will terminate an area plan or area agency designation if the department finds: an area plan h…

37.41.120 AREA PLAN, AMENDMENT/DEVELOPMENT An area agency shall amend the area plan if: newly enacted or amended state or federal law necessitates revision in order to comply with the law; or local law, organization, policy, or agency operations change and are no longer accuratel…

37.41.121 DIRECT PROVISION OF SERVICES BY AN AREA AGENCY The area agency shall primarily use subgrants or contracts with service providers to provide all services under the Older Americans Act unless the determines the area agency's direct provision of a service is necessary to e…

37.41.122 WITHHOLDING OF AREA AGENCY FUNDS The department may withhold payment to an area agency if it finds the area agency has failed to: substantially comply with federal or state law; submit required reports with the department; or follow policy or procedures in a manner that…

37.41.130 SERVICE CONTINUATION BY DEPARTMENT If the department withholds funding under ARM 37.41.122, it shall notify the area agency and the Administration for Community Living/Administration on Aging about the action to withhold funds. The department may use the withheld funds …

37.41.131 CONTRIBUTIONS FOR SERVICES The area agency shall require each service provider under the area plan to: give information about the cost of services to each older adult receiving services; give each older adult an opportunity to contribute to part or all of the cost of th…

37.41.132 PROVISION OF CONGREGATE NUTRITION SERVICES An area agency may award nutrition services funds only to a nutrition services provider that: provides congregate nutrition services; provides home-delivered nutrition services directly or by contract; agrees to coordinate its …

37.41.133 FOOD DISTRIBUTION RATIOS (REPEALED) (REPEALED) Authorizing statute(s): 53-2-201, 53-6-402, MCA Implementing statute(s): 53-2-201, 53-6-402, MCA History: NEW, 1983 MAR p. 863, Eff. 7/15/83; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MA…

37.41.201 SENIOR FARMERS' MARKET NUTRITION PROGRAM (SFMNP): PURPOSE The purpose of this subchapter is to provide a framework under which the department administers the SFMNP enacted under Section 4402 of the Farm Security and Rural Investment Act of 2002, codified at 7 U.S.C. 300…

37.41.202 SENIOR FARMERS' MARKET NUTRITION PROGRAM (SFMNP): DEFINITIONS In addition to the definitions contained in 52-3-502, MCA, the following definitions apply to this subchapter: "Adverse Action" means an action of the department: denying an application or agreement; terminat…

37.41.205 SENIOR FARMERS' MARKET NUTRITION PROGRAM (SFMNP): PARTICIPANT ELIGIBILITY AND BENEFITS A participant will be considered eligible for the SFMNP if the following criteria are met: the participant is a senior defined in ARM 37.41.202; the participant income is at or below …

37.41.206 SENIOR FARMERS' MARKET NUTRITION PROGRAM (SFMNP): FARMER ELIGIBILITY, PARTICIPATION, AND VIOLATIONS Only authorized farmers may accept SFMNP coupons in exchange for eligible foods. In order to be eligible for participation in the SFMNP, a farmer applicant must: complete…

37.41.207 SENIOR FARMERS' MARKET NUTRITION PROGRAM (SFMNP): FARMER PARTICIPATION REQUIREMENTS AND VIOLATIONS (REPEALED) (REPEALED) Authorizing statute(s): 52-1-103, 52-3-504, MCA Implementing statute(s): 52-3-102, 52-3-505, MCA History: NEW, 2017 MAR p. 606, Eff. 5/13/17; REP, 20…

37.41.208 SENIOR FARMERS' MARKET NUTRITION PROGRAM (SFMNP): MONITORING OF FARMERS The department will conduct monitoring reviews of the operations of randomly selected authorized farmers at the designated summer farmers' market locations. The annual monitoring review is conducted…

37.41.211 SENIOR FARMERS' MARKET NUTRITION PROGRAM (SFMNP): FARMER DISQUALIFICATION AND SANCTIONS Based upon outcome of the monitoring as defined in ARM 37.41.208, the department may take an adverse action against the farmer, including disqualification of the farmer from particip…

37.41.212 SENIOR FARMERS' MARKET NUTRITION PROGRAM (SFMNP): MONITORING, REVIEW, AND DISQUALIFICATION OF LOCAL AGENCIES The department will conduct on-site monitoring reviews of the qualifications of authorized local agencies. In conducting such reviews, the department will consid…

37.41.213 SENIOR FARMERS' MARKET NUTRITION PROGRAM (SFMNP): APPEALS BY PARTICIPANTS, FARMERS, AND LOCAL AGENCIES A participant who is denied participation or been disqualified from the program by the local agency may request a fair hearing before the department in accordance with…

37.41.214 SENIOR FARMERS' MARKET NUTRITION PROGRAM (SFMNP): FAIR HEARING PROCEDURES A designated local agency, farmer, or participant is entitled to a hearing if they are aggrieved by an adverse department determination which: results in a denial of an application or agreement by…

37.41.301 NUTRITION SERVICES, ELIGIBILITY Congregate nutrition services may be made available to: an older adult; the spouse of an older adult; persons with disabilities who live in housing facilities in which mainly older adults live and which also provide congregate nutrition s…

37.41.302 NUTRITION SERVICES, DEFINITIONS In addition to the definitions contained in 52-3-502, MCA, the following definitions apply to this subchapter: "Home-delivered meals" means those meals transported from a preparation site to persons in their residences and includes progra…

37.41.306 NUTRITION SERVICES, FOOD REQUIREMENTS The nutrition service provider shall ensure: the use of procedures that preserve nutritional value and food safety in the purchase and preparation of food and delivery of meals; the use of appropriate food containers and necessary u…

37.41.307 NUTRITION SERVICES, GENERAL PROVIDER REQUIREMENTS A nutrition service provider shall: accept and use any United States department of agriculture food made available to it; assure arrangement for the appropriate transportation, storage and use of the food; assist older p…

37.41.308 CONGREGATE NUTRITION SERVICES, PROVIDER REQUIREMENTS The nutrition service provider shall: provide a hot or other appropriate meal in a congregate setting at least once a day, five or more days a week, except in a rural area where such frequency is not feasible and is a…

37.41.315 HOME-DELIVERED NUTRITION SERVICES, PROVIDER REQUIREMENTS Pursuant to section 336 of the Older Americans Act, 42 U.S.C. § 3030f, nutrition service providers who provide home-delivered meals shall: provide, on five or more days a week, except in a rural area where such fr…

37.43.101 PURPOSE A supplemental payment may be made by the state to recipients of supplemental security income for the aged, blind, or disabled under Title XVI of the Social Security Act of the United States as amended (42 USC 1300 et seq.) . The purpose of the supplemental paym…

37.43.102 INDIVIDUAL ELIGIBILITY FOR STATE SUPPLEMENT Aged, blind and disabled persons residing in Montana who were, for December, 1973, recipients of assistance or had filed an application and were otherwise eligible for assistance under a state plan approved by the federal gove…

37.43.103 ELIGIBILITY BASED ON LIVING ARRANGEMENT In order for an individual to receive a state supplement, that individual must be a resident of one of the residential types of service facilities specified and defined in this rule. Personal care facilities defined by 50-5-101 (1…

37.43.104 PAYMENT STANDARDS The department of public health and human services has set the following monthly maximum payment standards of state supplement per client for each of the five facilities listed in ARM 37.43.103: personal care facilities - $94.00; community homes for th…

37.45.101 MISSION STATEMENT The Montana veterans' home, located at Columbia Falls, is a state operated facility which provides a home for honorably discharged veterans of the armed forces of the United States and the spouses of honorably discharged veterans. The Montana veterans'…

37.45.102 DEFINITIONS For the purpose of interpreting these rules, the following definitions apply: "Veteran" means a person who served in the active military service and who was discharged with an honorable discharge. "Spouse" means a person who is legally married to a veteran. …

37.45.201 ADMISSION CRITERIA Eligibility for admission to the Montana veterans' home is determined without regard to race, color, sex, culture, social origin or condition, political or religious ideas, or ability to pay for the cost of care. To be admitted to the Montana veterans…

37.45.205 APPLICATION PROCEDURES To be considered for admission, the following documents must be submitted by the applicant to the superintendent of the Montana veterans' home: a completed application form which includes a request for admission to either intermediate or domicilia…

37.45.206 APPLICATION MATERIALS Application forms are available from the Superintendent, Montana Veterans' Home, Columbia Falls, MT 59912. Authorizing statute(s): Sec. 10-2-403, MCA Implementing statute(s): Sec. 10-2-403, MCA History: NEW, 1985 MAR p. 374, Eff. 4/26/85; TRANS, fr…

37.45.207 ADMISSION PROCEDURES The superintendent will review all application materials and determine the applicant's eligibility for admission. The superintendent will notify the applicant, in writing, of the decision regarding eligibility. The eligible applicant will be admitte…

37.45.301 DISCHARGE Residents of the Montana veterans' home will be discharged upon request of the resident or his or her legal guardian. The superintendent may discharge a resident for serious violations of the Montana veterans' home rules and regulations. Authorizing statute(s)…

37.45.501 APPEAL PROCEDURE Applicants who are denied admission may appeal that decision by submitting, in writing, their reasons for appealing the decision to the Director of the Department of Public Health and Human Services, 111 N. Sanders, P.O. Box 4210, Helena, Montana 59604-…

37.47.1001 DEFINITIONS (REPEALED) (REPEALED) Authorizing statute(s): 40-2-402, MCA Implementing statute(s): 40-2-401, MCA History: NEW, 1979 MAR p. 813, Eff. 7/27/79; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 657; REP, 2025 MAR, 37-1095…

37.47.1005 DEPARTMENT ADMINISTRATIVE POLICIES AND RESPONSIBILITIES (REPEALED) (REPEALED) Authorizing statute(s): 40-2-402, MCA Implementing statute(s): 40-2-401, MCA History: NEW, 1979 MAR p. 813, Eff. 7/27/79; AMD, 1982 MAR p. 1279, Eff. 7/1/82; TRANS, from Dept. of SRS, 1987 MA…

37.47.1008 AWARDING GRANTS, CRITERIA (REPEALED) (REPEALED) Authorizing statute(s): 40-2-402, MCA Implementing statute(s): 40-2-401, MCA History: NEW, 1979 MAR p. 813, Eff. 7/27/79; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 657 REP, 2025…

37.47.101 ADULT PROTECTIVE SERVICES: PURPOSE Adult Protective Services (APS) investigates allegations of abuse, sexual abuse, neglect, or exploitation of vulnerable adults. APS does not provide direct support or personal care services but may refer individuals to state and local …

37.47.1015 GRANT APPLICATION, ELIGIBILITY REQUIREMENTS (REPEALED) (REPEALED) Authorizing statute(s): 40-2-402, MCA Implementing statute(s): 40-2-401, MCA History: NEW, 1979 MAR p. 813, Eff. 7/27/79; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MA…

37.47.102 ADULT PROTECTIVE SERVICES: DEFINITIONS As used in this subchapter, the following definitions apply: “Adult maltreatment” has the meaning provided in 45 CFR 1324.401. "Department" means the Department of Public Health and Human Services, as defined in 2-15-2201, MCA. "No…

37.47.1020 GRANT APPLICATION, GENERAL REQUIREMENTS (REPEALED) (REPEALED) Authorizing statute(s): 40-2-402, MCA Implementing statute(s): 40-2-401, MCA History: NEW, 1979 MAR p. 813, Eff. 7/27/79; AMD, 1982 MAR p. 1279, Eff. 7/1/82; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. …

37.47.1021 GRANT APPLICATION, CONTENT REQUIREMENTS (REPEALED) (REPEALED) Authorizing statute(s): 40-2-402, MCA Implementing statute(s): 40-2-401, MCA History: NEW, 1979 MAR p. 813, Eff. 7/27/79; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p.…

37.47.106 ADULT PROTECTIVE SERVICES: AVAILABLE SERVICES Adult protective services will be provided when necessary to any vulnerable adult. Voluntary services include: identifying vulnerable adults needing protective services through reports received; investigating reports of adul…

37.47.107 ADULT PROTECTIVE SERVICES, ELIGIBILITY (REPEALED) (REPEALED) Authorizing statute(s): 52-3-205, 52-3-802, MCA Implementing statute(s): 52-3-205, 52-3-804, MCA History: NEW, 1979 MAR p. 1705, Eff. 12/28/79; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, f…

37.47.111 ADULT PROTECTIVE SERVICES: OBTAINING SERVICES Unless directed otherwise by the APS bureau chief, the Adult Protective Services regional office near where the vulnerable adult resides or is found will investigate reports of adult maltreatment and make referrals to state …