Title 53, Title 53

(1) If the total amount due to the department to satisfy a lien imposed under 53-6-171 through 53-6-188 is paid, the department may not file an application under 53-6-175, shall withdraw its application if the application has already been filed, or shall instruct the sheriff to c…

(1) (a) A person with a recorded interest in real property subject to a lien under 53-6-171 through 53-6-188 or any other interested person may apply to the department, in accordance with procedures established by department rule, for a waiver of recovery because of undue hardshi…

(1) If the department is precluded by 53-6-178(2) or (3) from recovery upon a lien imposed under 53-6-171 through 53-6-188, the department shall maintain the lien in place and upon elimination of the condition that precluded recovery, the department may recover under this section…

(1) Subject to Title 70, chapter 32, a recipient's surviving spouse who owns a home or an interest in a home in which the spouse resides that is subject to a lien imposed under 53-6-171 through 53-6-188 is, upon sale, transfer, or exchange of the home, entitled to an exemption fr…

(1) If the requirements of subsection (2) are met, the clerk of court shall issue a writ of execution specifying the property to be levied upon, the amount due as of the date of filing of the application, and a statement that additional amounts may be due up to and through the da…

The purchaser of property pursuant to a writ of execution issued under 53-6-171 through 53-6-188 acquires the right, title, interest, and claim that the recipient had at the time the lien was imposed, subject only to any right, title, interest, or claim arising from an instrument…

(1) The proceeds of a sale of property sold pursuant to a writ of execution issued under 53-6-183 must be distributed in the following order: (a) as satisfaction of any unpaid property taxes and prior recorded interests as described in 53-6-174(2); (b) as payment of any claims un…

(1) The department may, in its discretion, take any action it considers necessary to prevent waste or loss or to preserve the value of property subject to a lien under 53-6-171 through 53-6-188, including but not limited to the following: (a) the payment of any unpaid taxes on th…

Except as provided in 53-6-181, the department may not file an application for issuance of a writ of execution to recover upon a lien imposed under 53-6-171 through 53-6-188 more than 3 years after the latest of: (1) a sale, transfer, or exchange of any right, title, or interest …

The existence of a valid lien imposed under 53-6-171 through 53-6-188 or the fact that a lien under 53-6-171 through 53-6-188 is invalid for any reason or is unenforceable under 53-6-180 does not preclude the department from recovering under 53-6-167, 53-6-168, or 53-6-169.

The department may adopt rules to implement 53-6-143, 53-6-144, 53-6-165 through 53-6-169, and 53-6-171 through 53-6-188. The rules must comply with applicable federal law in 42 U.S.C. 1396, et seq., as may be amended, and applicable implementing regulations and policies.

(1) A person who receives an asset for less than fair market value from an applicant for or recipient of medical assistance for certain services under this part is subject to a civil fine payable to the department if the department initiates a judicial proceeding and shows by a p…

(1) If appropriations specific for this purpose are provided by the legislature and federal approval of the necessary amendments to the state medicaid plan is secured, the department shall administer a medicaid program that allows individuals with disabilities to participate in t…

(1) Except for rules implementing rate increases or implementing federal law or regulation, the notice of a proposed rule concerning the delivery of medicaid services by the department must include, in addition to the other requirements under this chapter: (a) a determination of …

(1) Coverage under the Montana medicaid program for physician services for abortion is allowed only if the abortion is performed by a physician and only if: (a) the life of the mother will be endangered if the fetus is carried to term; (b) the pregnancy is the result of an act of…

(Effective on occurrence of contingency -- temporary) Enhanced rate to increase access to in-state mental health services for high-risk children with multiagency service needs -- reporting requirement -- rulemaking. (1) In an effort to avoid the placement of high-risk children wi…

(1) There is a cancer screening account in the state special revenue fund established in 17-2-102 to the credit of the department of public health and human services. (2) The account consists of: (a) money collected from the donation provided for in 61-3-303(6)(c); (b) other gift…

As used in this part, the following definitions apply: (1) "Department" means the department of public health and human services provided for in 2-15-2201. (2) "Home and community-based services" means, as provided for in section 1915 of Title XIX of the Social Security Act, 42 U…

(1) The department may obtain waivers of federal medicaid law in accordance with section 1915 of Title XIX of the Social Security Act, 42 U.S.C. 1396n, and administer programs of home and community-based services funded with medicaid money for categories of persons with disabilit…

(1) The legislature finds that home and community-based services allow individuals who would otherwise need an institutional level of care to remain in their homes and to better integrate into their communities. (2) The legislature further finds that home and community-based serv…

(1) The department shall use money appropriated for home and community-based services waiver slots for the purpose of: (a) creating waiver slots as authorized by the legislature; or (b) addressing workforce shortages or other barriers to creating the number of waiver slots author…

(1) In an effort to prevent and reduce fraud in the Montana medicaid program, a provider of personal assistance or attendant services or supports shall provide training and continuing education to consumers and employees if the personal assistance or attendant services or support…

(1) The department shall notify a person participating in a medicaid home and community-based services waiver at least 30 days before terminating the person's participation in the waiver. The department shall: (a) notify the person of the planned termination from the program by m…

(1) The department may not make a substantive change to the services offered under an approved waiver or to the eligibility requirements or process for waiver participants unless the department: (a) adopts rules to implement the changes; and (b) if necessary, submits a waiver ame…

(1) (a) As used in 53-6-502 and this section, "traumatic brain injury" means: (i) an injury to the brain caused by an external physical force, including but not limited to a motor vehicle accident, a fall, an assault, a sports injury, or a recreational or work-related accident; o…

(1) There is an account in the state special revenue fund to be used to establish a traumatic brain injury trust fund. (2) The trust fund consists of donations or grants received for the purpose of providing services for persons suffering from traumatic brain injury. (3) The mone…

This part may be cited as the "Montana Long-Term Care Reform Act".

(1) The legislature finds that in keeping with the traditional concept of the inherent dignity of the individual in a democratic society, the elderly or persons with disabilities should be able to live as independently as possible. (2) The legislature further finds that: (a) the …

(1) The department of public health and human services shall cooperate in the development, implementation, and coordination of state programs of assistance for the elderly or persons with disabilities. (2) The planning and delivery systems that provide state programs of assistanc…

It is the public policy of the state of Montana to adopt, to the extent practicable, a health care system that encourages the integration of health care services and that manages the health care of enrollees to improve their health while preserving reasonable choice within a comp…

As used in this part, the following definitions apply: (1) "Department" means the department of public health and human services. (2) "Health maintenance organization" means a health maintenance organization as defined in 33-31-102. (3) (a) "Managed health care entity" or "entity…

(1) The department may by rule provide for different benefit packages for different categories of persons enrolled in the program. Alcohol and substance abuse services, services for mental disorders, services related to children with chronic or acute conditions requiring longer-t…

(1) A managed health care entity that contracts with the department for the provision of services under the program shall comply with the requirements of this section for purposes of the program. (2) The entity shall provide for reimbursement for health care providers for emergen…

(1) All individuals enrolled in the program must be provided with a full written explanation of all fee-for-service and managed health care plan options as provided by rule. The department shall provide to enrollees, upon enrollment in the program and at least annually, notice of…

(1) The department shall by rule establish a method to reduce its payments to managed health care entities to take the following into consideration: (a) any adjustment payments paid to health care facilities under subsection (2)(b) to the extent that those payments or any part of…

The department may seek and obtain any necessary authorization provided under federal law to implement the program, including the waiver of any federal statutes or regulations. The department may not expand eligibility requirements unless authorized by the legislature. The depart…

(1) In order to prevent, detect, and eliminate fraud, waste, abuse, mismanagement, and misconduct and to determine that the program is administered fairly and effectively, the legislative auditor shall oversee the managed care covered by this part. (2) A medical provider may not …

(1) There is an advisory council to review requests for proposals issued and contracts proposed to be awarded under this part. (2) The advisory council consists of seven members appointed as follows: (a) two members appointed by the speaker of the house of representatives, at lea…

(1) Before the department issues a request for proposals or awards a contract for the provision of services through a managed health care entity: (a) the department shall meet the public notice, legislative presentation, and public comment requirements of 53-2-215; (b) the legisl…

The purpose of this part and the long-term care insurance partnerships authorized by this part is to encourage individuals to purchase long-term care insurance policies or certificates that will provide for their potential long-term care needs, thereby reducing the amount of mone…

As used in this part, unless the context indicates otherwise, the following definitions apply: (1) "Certificate" means a certificate as defined in 33-22-1107. (2) "Commissioner" means the commissioner of insurance provided for in 2-15-1903. (3) "Department" means the department o…

(1) The commissioner and the department may in their discretion establish long-term care insurance partnerships as provided for in federal law under 42 U.S.C. 1396p or if allowed by a waiver of federal law under section 1115 of Title XI of the Social Security Act, 42 U.S.C. 1315.…

(1) The commissioner and the department may by rule adopt requirements for certification of long-term care insurance policies and certificates. These requirements may include but are not limited to: (a) minimum levels and durations of benefits; (b) mandatory inflation protection;…

The department shall adopt rules necessary for the administration of the partnerships, including but not limited to rules concerning: (1) the populations and age groups eligible to have resources disregarded for the purposes of qualification for medical assistance benefits under …