Montana Administrative Code

37.62.955 HEARING RECORD The contested case hearing record shall include all the items required by 2-4-614(1) , MCA. Except for parts of the file admitted as evidence during the hearing, the CSSD case file maintained by the CSSD caseworker, including computerized and hard copy ve…

37.62.957 CLERICAL ERRORS AND EFFECT OF CORRECTION Clerical mistakes, typographical errors, and errors in mathematical calculations in any decision or order in a contested case arising from oversight or omission may be corrected by the ALJ at any time upon the ALJ's own initiativ…

37.62.959 INFORMAL DISPOSITION AND CONSENT ORDERS The parties to a contested case may informally resolve the case, any motion concerning the case, or any issue pending resolution in the case, by stipulation, agreed settlement, or consent order. Except as provided in (3) , all inf…

37.62.961 REHEARING OR NEW HEARING After a final decision and order is issued, a motion or request for rehearing or new hearing on the merits of the contested case will not be considered. The filing of a motion or request for rehearing or new hearing does not extend the time for …

37.62.963 COMPUTATION OF TIME AND ENLARGEMENT In computing any period of time for acts required by any of the rules in this chapter, the day of the act, event or default after which the designated period of time begins to run is not included. The last day of the period is the las…

37.62.965 DISMISSAL OF CONTESTED CASE OR WITHDRAWAL OF HEARING REQUEST The CSSD or a CSSD staff attorney may ex parte dismiss a contested case proceeding at any time prior to entry of a final decision and order. A copy of the ex parte dismissal shall be served on all parties serv…

37.66.101 PURPOSE The Montana mental health nursing care center, a licensed nursing care facility, provides long term care and treatment of persons with mental disorders. The primary function of the center is set forth in 53-21-411 , MCA. The center provides a secure unit for per…

37.66.102 DEFINITIONS "Mental disorder" means impairment as defined in 53-21-102 , MCA. "Professional person" means a person as defined in 53-21-102 , MCA. "Center" means the Montana mental health nursing care center. "Superintendent" means the superintendent of the Montana menta…

37.66.106 ADMISSION CRITERIA Eligibility for admission to the Montana center 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 eligible for admission on a voluntary ba…

37.66.107 APPLICATION PROCEDURES To be considered for admission, the applicant, applicant's guardian, or person who has a power of attorney for the applicant, must submit to the superintendent of the center: a completed admissions packet; and a medical history including the compr…

37.66.108 APPLICATION MATERIALS Application packets are available by writing to the superintendent of the Montana Mental Health Nursing Care Center, 800 Casino Creek Drive, Lewistown, Montana 59457. Authorizing statute(s): Sec. 53-21-402 and 53-21-411, MCA Implementing statute(s)…

37.66.109 ADMISSIONS 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 admitt…

37.66.115 TREATMENT Treatment provided at the center focuses on maintaining the resident's physical and mental functioning to the extent possible. Residents will be provided medical, nursing, dietary, recreation and social services through an individualized care plan for each res…

37.66.120 TRANSFER AND DISCHARGE CRITERIA The superintendent may authorize the transfer of a center resident to a licensed hospital in a medical emergency without the resident's consent. The director of the department of public health and human services, may authorize the transfe…

37.66.130 APPEAL PROCEDURE Applicants who are denied admission, or residents who are involuntarily discharged may appeal 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.…

37.66.201 DEFINITIONS "Court of Competent Jurisdiction" means a court having authority over the subject matter of civil commitment for treatment of a mental disorder and personal jurisdiction over the patient. In Montana, courts of competent jurisdiction are: state district court…

37.66.203 PREADMISSION DOCUMENTATION: CIVIL Before taking any of the actions listed in (a) through (e), a professional person must contact MSH by calling the main MSH switchboard at (406) 693-7000 to speak to the person responsible for admissions, and provide information and reco…

37.66.205 PREADMISSION DOCUMENTATION: FORENSIC Before admitting a criminal defendant committed under any provision of Title 46, chapter 14, MCA, MSH must collect information and records, including both physical and psychiatric medical information, sufficient to evaluate the immed…

37.66.207 DOCUMENTATION OF LEGAL AUTHORITY TO ADMIT - PRELIMINARY DOCUMENTATION BY FAX MSH may not admit any person for evaluation, custody, care, or treatment without having received documentation that the admission is voluntary or that other legal authority exists to admit the …

37.66.301 VOLUNTARY ADMISSION PROCEDURE The purpose of this chapter is to assure that voluntary admissions to Montana state hospital comply with the procedure established by 53-21-111 and 53-1-203 , MCA to assure that persons are not admitted to Montana state hospital if adequate…

37.66.302 DEFINITIONS "Department" means the department of public health and human services. "Professional person" means a medical doctor or a person who has been certified as a professional person by the department pursuant to 53-21-106 , MCA. "Hospital" means Montana state hosp…

37.66.306 SCREENING PROCESS Each region shall have a minimum of 6 voluntary admission screening designees to assure that an applicant's geographical location within the region does not prevent prompt completion of the screening process. The designees shall be appointed by the dir…

37.66.312 PARAMETERS FOR VOLUNTARY ADMISSION TO MONTANA STATE HOSPITAL Voluntary admissions to Montana state hospital will be appropriate only when Montana state hospital is the least restrictive and most appropriate placement available. Montana state hospital will be considered …

37.66.316 RELEASE OF CONFIDENTIAL RECORDS All information obtained and records prepared in the course of a state mental health facility providing service are confidential and privileged. Information and records may be disclosed to qualified personnel for the purpose of conducting…

37.70.101 SAFEGUARDING/SHARING INFORMATION Disclosing informationabout applicants for or recipients of low income home energy assistance is restricted to purposes directly connected with the administration of such aid. Such purposes include establishing eligibility, determining a…

37.70.102 ROLE OF THE LOCAL CONTRACTOR The department will contract with appropriate community-based organizations in the state to provide outreach and to receive and process applications for the low income home energy assistance and weatherization programs. In providing outreach…

37.70.106 FAIR HEARINGS Any applicant/recipient who is aggrieved by an adverse department action as defined in ARM 37.5.304 may request a fair hearing as provided in ARM 37.5.307. Fair hearings and appeals of fair hearing decisions shall be conducted as provided in ARM 37.5.313, …

37.70.107 REFERRALS TO THE OFFICE OF INSPECTOR GENERAL, PROGRAM COMPLIANCE BUREAU The Office of Inspector General, Program Compliance Bureau (PCB), has the power and duty to: investigate matters relating to LIHEAP including applications, awards of benefits, and information receiv…

37.70.110 FRAUD/TRANSFER OF RESOURCES A person who knowingly obtains LIHEAP benefits to which he or she is not entitledby means of a purposely or knowinglyfalse statement, representation,impersonation, or other fraudulent device is guilty of theft as provided in 45-6-301, MCA, an…

37.70.115 UNDERPAYMENTS AND OVERPAYMENTS When it is discovered that an administrative error resulted in an underpayment of LIHEAP benefits, it may be corrected by increasing the benefit award to cover the underpayment. For purposes of determining financial eligibility, such retro…

37.70.301 INTERVIEWS REQUIRED AND CONTENT OF INTERVIEWS (REPEALED) Authorizing statute(s): Sec. 53-2-201, MCA Implementing statute(s): Sec. 53-2-201, MCA History: NEW, 1982 MAR p. 732, Eff. 4/16/82; AMD, 1982 MAR p. 1771, Eff. 10/1/82; AMD, 1992 MAR p. 2201, Eff. 9/25/92; TRANS, …

37.70.304 APPLICATIONS TO BE VOLUNTARY Applications must be voluntary and initiated by the person in need, except an application may be made by a third party when the physical or mental condition of the person in need precludes his ability to make application himself. Authorizing…

37.70.305 APPLICATION Except as provided in (4), a new application for LIHEAP benefits must be made for each new heating season and when a household moves to a different residence during the heating season. The application form may be submittedto the local contractor's office. An…

37.70.310 INVESTIGATION OF ELIGIBILITY Investigations of eligibility will include securing information from the person applying for or receiving benefits and such other investigation as may be determined necessary by the department. Each application for assistance will be promptl…

37.70.311 PROCEDURES FOLLOWED IN PROCESSING APPLICATIONS AND VERIFIABLE ELIGIBILITY REQUIREMENTS The procedures for determining eligibility for LIHEAP benefits are as follows: The household files an application together with verification for determining financial eligibility and …

37.70.312 NOTIFICATION OF ELIGIBILITY An individual who applies for low income home energy assistance will be notified in writing whether the application has been approved or denied and, if the application is approved, of the benefit amount. If the application is denied, the noti…

37.70.318 NOTICE OF ADVERSE ACTION Each person who receives assistance must be notified ten days in advance of any action that terminates or reduces his benefits. Notification must be in writing and contain information about the amount of decrease or the closure, the reason and l…

37.70.401 DEFINITIONS "Annual gross income" means all nonexcluded income including wages, salaries, commissions, tips, profits, gifts, interest or dividends, retirement pay, workers' compensation, unemployment compensation, social security retirement and disability payments, supp…

37.70.402 GENERAL ELIGIBILITY REQUIREMENTS, ELIGIBILITY REQUIREMENTS FOR CERTAIN TYPES OF INDIVIDUALS AND HOUSEHOLDS Households that are obligated to pay for fuel to heat their homes are eligible for LIHEAP benefits. Except as provided elsewhere in this rule, households which con…

37.70.406 INCOME STANDARDS Households withup toeight members with annual gross income at or below 60 percent of the estimated state median are eligible for LIHEAP benefits on the basis of income. Households with nine or more members are eligible for LIHEAP benefits on the basis o…

37.70.407 EXCLUDED INCOME The following types of unearned income are excluded or deducted when calculating income for LIHEAP eligibility: complementary assistance from other agencies and organizations which consists of goods and services not included in or duplicated by the low i…

37.70.408 RESOURCES The following nonbusiness resources are counted in determining a household's eligibility: cash on hand; certificate of deposits; checking and savings accounts; market value of stocks or bonds and/or other negotiable resources; and the equity value of real prop…

37.70.601 BENEFIT AWARD The department adopts and incorporates by reference the department's LIHEAP Benefit Award Matrix and Table of Multipliers, for the 2022-2023 heating season. The LIHEAP Benefit Award Matrix is located at https://dphhs.mt.gov/hcsd/energyassistance/ or a copy…

37.70.602 BENEFIT AWARDS: MISCELLANEOUS Households found eligible may apply all or a portion of their benefit award for conversion to a less costly heating fuel. Eligible households who convert to a less costly heating fuel must disclaim any right to additional program benefits f…

37.70.603 REVERSION OF BENEFITS If a beneficiary discontinues utility service or changes residence or fuel type, the balance of the fuel benefit will be returned to the department. Authorizing statute(s): 53-2-201, MCA Implementing statute(s): 53-2-201, MCA History: NEW, 1984 MAR…

37.70.607 AMOUNT AND METHOD OF PAYMENT Eligible householdsdirectly billed for energy costsby the fuel vendor will be paid a benefitamount computed using the benefit matrices and multipliers in the Low Income Home Energy Assistance Program(LIHEAP) Benefit Award Matrix and Table of…

37.70.608 ADJUSTMENT OF PAYMENTS TO AVAILABLE FUNDS When funds are not available to serve all eligible households, the department may, at its option, take any or all of the following steps: reduce the maximum benefit amounts of the benefit award matrices; limit eligibility to onl…

37.70.901 EMERGENCY ASSISTANCE Emergency assistance under LIHEAP may be provided to an eligible household in the following circumstances only when such circumstances present an imminent threat to the health and safety of the household: the household's primary supply of energy is …

37.70.902 SUPPLEMENTAL ASSISTANCE (REPEALED) Authorizing statute(s): Sec. 53-2-201, MCA Implementing statute(s): Sec. 53-2-201, MCA History: NEW, 1986 MAR p. 1606, Eff. 9/26/86; AMD, 1987 MAR p. 1805, Eff. 10/16/87; AMD, 1987 MAR p. 2245, Eff. 12/11/87; AMD, 1989 MAR p. 1571, Eff…

37.71.101 SAFEGUARDING/SHARING INFORMATION Disclosure of information concerning applicants for or recipients of weatherization assistance for low income persons is restricted to purposes directly connected with the administration of such aid. Such purposes include establishing el…