Title 53, Title 53

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 …

Unless the context requires otherwise, 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) "Independent living" means control over one's life based upon a choice between acceptable…

The department: (1) shall adopt rules necessary for the administration of this part. Rules adopted may include but are not limited to the provision of services, individual service plans, eligibility for services, application, service goals and design, quality of services, provide…

The department shall cooperate, pursuant to agreements with the federal government, in carrying out the purposes of the federal Rehabilitation Act of 1973 (29 U.S.C. 701, et seq.), as may be amended, and may adopt methods of administration as required by the federal government fo…

A person with a disability is eligible for vocational rehabilitation services if the department, after full investigation, determines that the person may become employable or achieve accepted vocational objectives through the provision of vocational rehabilitation services that a…

A person applying for or receiving vocational rehabilitation services who is aggrieved by any action or inaction of the department is entitled to a fair hearing in accordance with the rules adopted by the department.

(1) The department, in accord with this part and the federal Rehabilitation Act of 1973 (29 U.S.C. 701, et seq.), as may be amended, may provide to persons determined eligible under 53-7-105 any vocational rehabilitation services listed in 53-7-101 that are determined by the depa…

(1) Those divisions of the department that have programs for the provision of vocational rehabilitation services may share administrative personnel, operations, and policies in order to ensure uniform administration necessary under the federal Rehabilitation Act of 1973, 29 U.S.C…

(1) The purpose of this part is to encourage the development and improvement of supervised work programs and support services for persons with severe disabilities. (2) Supervised work programs and support services should be available to provide persons with severe disabilities th…

(1) "Department" means the department of public health and human services. (2) "Severe disability" means a severe physical or mental impairment that seriously limits a person's functional capacities in respect to obtaining employment. (3) "Sheltered employment" means a recognized…

(1) The department may purchase services under this part for persons with severe disabilities, to the extent that funds are appropriated and allocated, from any sheltered employment provider, work activity center, supported employment provider, or support services provider within…

(1) The department may apply for and receive federal aid money or other funding available for the programs provided for under this part. (2) Federal funds and other funding that may be available may be appropriated to the department for use in administering the provisions of this…

(1) A person may receive services provided for under this part if the department determines that: (a) the person has a severe disability; (b) the person lacks social competence, mobility, experience, skills, training, or other characteristics of independence; (c) the person is in…

For the purposes of providing supervised work programs and support services for persons with severe disabilities, the department may adopt rules necessary for the administration of such programs. Rules adopted may include but are not limited to rules regarding eligibility for ser…

As used in this part, the following definitions apply: (1) (a) "Blindness" means a visual disability in which: (i) a person's central visual acuity does not exceed 20/200 in the better eye with correcting lenses; or (ii) a person's visual field at the widest diameter subtends an …

The department may: (1) cooperate with other departments and agencies and institutions, both public and private, in providing the services authorized by this part to persons with blindness or low vision; in studying the problems involved in vocational rehabilitation; and in estab…

The department shall cooperate, pursuant to agreements with the federal government, in carrying out the purposes of the federal Rehabilitation Act of 1973 (29 U.S.C. 701, et seq.), as may be amended, and may adopt methods of administration required by the federal government for s…

A person with a disability because of blindness or low vision is eligible for vocational rehabilitation services if the department, after full investigation, determines that the person may become employable or achieve accepted vocational objectives through the provision of vocati…

(1) The department, in accord with this part and the Rehabilitation Act of 1973 (29 U.S.C. 701, et seq.), as may be amended, may provide to persons determined eligible under 53-7-306 any vocational rehabilitation services listed in 53-7-301 that are determined by the department t…

A person applying for or receiving vocational rehabilitation services who is aggrieved by any action or inaction of the department is entitled to a fair hearing in accordance with rules adopted by the department.

The department shall adopt rules necessary for the administration of this part. Rules adopted may include but are not limited to the provision of services, individual service plans, eligibility for services, application, service goals and design, quality of services, provider rel…

There is an adjustment to blindness program established within the department. The purpose of the program is to help consumers under age 55 who have severe visual impairments to achieve independent living goals.

As used in this part, unless the context requires otherwise, the following definitions apply: (1) "Consumer" means a person with a severe visual impairment who the department has determined is eligible for independent living services. (2) "Department" means the department of publ…

The department shall determine whether a person is eligible for independent living services based on criteria established by the department through administrative rule as provided in 53-7-406.

(1) The department may provide the following independent living services: (a) outreach; (b) services, training, and assistive technology to help consumers become more mobile and self-sufficient; (c) Braille instruction and other services and equipment to help consumers adjust to …

A person with a severe visual impairment who applies for or is receiving independent living services under this part and is aggrieved by an action or inaction of the department is entitled to a fair hearing in accordance with the rules adopted by the department as provided in 53-…

The department shall adopt rules to implement the provisions of this part.

This part may be cited as "The Crime Victims Compensation Act of Montana".

It is the intent of the legislature to provide a method of compensating those persons within the state who are innocent victims of criminal acts, including acts of international terrorism, as defined in 18 U.S.C. 2331, that are committed outside of the United States against a res…

As used in this part, the following definitions apply: (1) "Claimant" means any of the following claiming compensation under this part: (a) a victim; (b) a dependent of a deceased victim; or (c) an authorized person acting on behalf of any of them. (2) "Collateral source" means a…

(Temporary) Powers and duties of office. (1) The office shall: (a) adopt rules to implement this part; (b) prescribe forms for applications for compensation; (c) determine all matters relating to claims for compensation; and (d) require any person contracting directly or indirect…

The office shall refer to the department of public health and human services victims who have been permanently disabled through criminally injurious conduct, who are receiving benefits under this part, and who in the opinion of the office may be vocationally rehabilitated. The de…

(1) The office may grant attorney fees to attorneys for representing claimants before the office. Any attorney fee granted by the office is in addition to compensation awarded the claimant under this part. (2) The office may regulate the amount of the attorney fee in any claim un…

(1) Except as provided in subsections (2) and (3), the records the office maintains in its possession in the administration of this part are open to public inspection and disclosure. (2) Confidential criminal justice information obtained by the office is subject to the confidenti…

Claimants receiving benefits under this part are not granted an absolute entitlement to benefits. Benefits must be paid in accordance with the amount of the legislative appropriation. If the office determines at any time that the appropriated funds for a fiscal year will not be a…

The office may adopt appropriate rules in order to receive federal funds under federal criminal reparation and compensation acts.

Any person who knowingly makes a false claim or a false statement or uses any other fraudulent device in connection with any claim is guilty of theft as provided in 45-6-301 and upon conviction shall, in addition to being punished as provided by that section, forfeit and repay an…

(1) An individual convicted of a qualifying crime may not sell or exchange confidential criminal justice information, as defined in 44-5-103. (2) The office shall require that any funds obtained in violation of subsection (1) be deposited into the escrow fund, provided for in 53-…

(Temporary) Crime victims compensation account. There is an account in the state special revenue fund for crime victims compensation. The money in the account is statutorily appropriated, as provided in 17-7-502, to the department of justice for the purposes provided in this part…

An applicant for an award of compensation may apply in writing in a form that conforms substantially to that prescribed by the office.

The office may hold informal hearings in order to make determinations regarding the compensability of a claim. At the hearings, the office may subpoena witnesses and documents as set forth in 2-4-104. Hearings held under this section are not considered contested case hearings und…

(1) The office may require the claimant to supplement the application with any reasonably available medical or counseling reports relating to the injury for which compensation is claimed. (2) If the physical condition of a victim or claimant is material to a claim, the office may…