Title 53, Title 53

(1) A claimant is entitled to weekly compensation benefits when the claimant has a total actual loss of wages due to injury as a result of criminally injurious conduct. During the time the claimant seeks weekly benefits, the claimant, as a result of the injury, must have no reaso…

(1) An award is not subject to execution, attachment, garnishment, or other process, except an execution, attachment, or garnishment of a right to compensation for work loss to secure payment of maintenance or child support. (2) An assignment or agreement to assign a right to com…

(1) The office on its own motion or on request of the claimant may reconsider a decision making or denying an award or determining its amount. The office shall reconsider at least annually every award being paid in installments. An order on reconsideration of an award may not req…

After the office has made final determination concerning any matter relating to a claim, if the claimant disputes the office's determination, the claimant may appeal to the district court for the county in which the claimant resides for review. Review on appeal must be in conform…

(Temporary) Subrogation. (1) If a claimant seeks compensation under this part and compensation is awarded, the office is entitled to full subrogation against a judgment or recovery received by the claimant against the offender or a collateral source arising from the criminally in…

(Temporary) Effect of award on probation and parole of offender. (1) When placing any convicted person on probation, the court may set as a condition of probation the payment to the state of an amount equal to any benefits paid by the office to a victim or a victim's dependents. …

As used in this part, the following definitions apply: (1) "Block grant" means the federal community services block grant established under 42 U.S.C. 9901, et seq. (2) "Department" means the department of public health and human services provided for in 2-15-2201. (3) "Human reso…

The department shall allocate the state's share of the block grant funds as follows: (1) The department may retain 5% for administrative costs and 5% for special projects. (2) The balance of the block grant funds after any retention pursuant to subsection (1) must be distributed …

The department may not distribute block grant funds unless the human resource development council: (1) meets the eligibility requirements set forth in 42 U.S.C. 9904, including composition of the board; and (2) has complied with federal and state fiscal control requirements and a…

(1) A human resource development council shall prepare a plan for use of block grant funds. The planned use must be in compliance with block grant requirements, and the plan must be made to further the goals stated in the block grant. (2) The human resource development council sh…

The department shall ensure state compliance in fiscal accountability and program integrity relating to block grant funds and services. The department shall audit the human resource development councils as may be required by state and federal law.

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) "Self-sufficiency trust" means a trust created by a nonprofit corporation that is a 501(c)(3) organization under the Int…

(1) There is created a self-sufficiency trust account in the state treasury. The state treasurer shall deposit to the credit of the trust account money received from a self-sufficiency trust for that purpose. The state treasurer shall direct payments from the trust account upon c…

(1) The department may accept money from a self-sufficiency trust for deposit in the self-sufficiency trust account pursuant to an agreement with the self-sufficiency trust naming one or more beneficiaries who are residents of this state and are persons with developmental disabil…

Receipt by a beneficiary of supplemental services as a result of the self-sufficiency trust account or of care and treatment provided by the trust may not in any way reduce, impair, or diminish the benefits to which the beneficiary is otherwise entitled by law.

There is created within the self-sufficiency trust account a special account for the disabled. The director of the department may accept money from any source for deposit into the special account. The money in the special account must be used by the department, subject to appropr…

The legislature, in recognition of needs of persons with severe disabilities and of the desirability of meeting those needs on a community level to the extent of available funding and in order to reduce the need for institutional care settings, establishes by this part a communit…

As used in this part, the following definitions apply: (1) "Community home for persons with severe disabilities" means a facility licensed by the department, as provided for in 52-4-201 through 52-4-205. (2) "Department" means the department of public health and human services es…

(1) Subject to available appropriated funds, services provided under this part include: (a) vocational and other rehabilitation services that enhance the ability of a person with severe disabilities to live and function independently and to engage in or continue in appropriate em…

(1) The department may expend money appropriated or available for the purposes of this part and may contract for services for eligible persons with any person or entity providing the services to persons with severe disabilities. (2) Governmental units, including but not limited t…

The department may apply for and receive federal-aid money or other assistance that may be available for programs in the nature of the program created by this part.

(1) The department, in its discretion and in accordance with this part and Title VII of the federal Rehabilitation Act of 1973, 29 U.S.C. 796, et seq., as may be amended, may determine eligibility of persons for services under this part. (2) To be eligible for services under this…

(1) The department, in its discretion and in accordance with this part, may determine eligibility for residential services in a community home for persons with severe disabilities, based on the residential needs of the person and on the availability of residential services. Any p…

(1) For the purposes of providing services to persons with severe disabilities, the department may adopt rules necessary for the administration of services provided under this part. Rules adopted may include but are not limited to eligibility for services, facility design and acq…

(1) The legislature finds and declares that many Montana citizens have physical disabilities and are unable to use traditional telecommunications equipment and services without assistance. These citizens constitute a substantial and valuable resource within the United States and …

As used in this part, unless the context requires otherwise, the following definitions apply: (1) "Committee" means the committee on telecommunications access services for persons with disabilities established in 2-15-2212. (2) "Department" means the department of revenue. (3) "E…

(1) Each member of the committee shall serve for a term of 3 years. (2) A vacancy on the committee must be filled in the same manner as the original appointment.

(1) The committee shall choose a presiding officer from its members. (2) The committee shall meet at least four times a year and at other times as determined by the presiding officer or by a majority of the committee. (3) Seven members of the committee constitute a quorum for the…

The committee shall oversee administration of the program provided for in 53-19-306. In fulfilling this duty, the committee shall: (1) establish policies and procedures governing administration of the program; (2) analyze and approve a budget for administration of services under …

(1) The committee shall establish and administer a program to provide specialized telecommunications equipment and services to persons with disabilities. (2) The purpose of the program is to: (a) furnish specialized telecommunications equipment to meet the needs of persons with d…

(1) In administering the program established in 53-19-306 for individuals, the committee shall: (a) develop an appropriate means test to determine eligibility for specialized telecommunications equipment based on family income of less than 250% of the federal poverty level; (b) r…

The committee shall contract with one or more qualified providers to design and implement a telecommunications relay service system that fulfills the purpose described in 53-19-306. The committee shall require, under the terms of the contract, that: (1) the system relay all messa…

The committee may accept contributions, gifts, and grants, in money or otherwise, to the program established in 53-19-306. Monetary contributions, gifts, and grants must be deposited in the account provided for in 53-19-310.

(1) Subject to legislative fund transfer, there is an account for telecommunications services and specialized telecommunications equipment for persons with disabilities in the state special revenue fund in the state treasury. The account consists of: (a) all monetary contribution…

(1) A fee of 10 cents a month must be assessed on each end user connection provided and billed or any prepaid options by each service provider and is imposed for the purposes of this part. (2) Each subscriber of a service provider is liable for payment to the service provider of …

(1) Each service provider required to collect the fee provided for in 53-19-311 shall maintain and have available for inspection by the department books, ledgers, registers, or other documents showing the collection of the fee for telecommunications access services and specialize…

(1) Each service provider required to collect the fee imposed by 53-19-311 holds the fee in trust for the state of Montana and for payment of the fee to the department as provided in 53-19-311. (2) (a) A service provider that fails to file the return required in 53-19-311 must be…

(1) If the department determines that the amount of fees, penalty, or interest paid for any year is more than the amount due, the amount of the overpayments must be credited against any fees, penalty, or interest then due from the service provider and the balance refunded to the …

(1) Except as provided in subsection (3), a deficiency may not be assessed or collected with respect to the year for which a return is filed unless the notice of the additional fee proposed to be assessed is mailed within 5 years from the date the return was filed. For purposes o…

Unless the context requires otherwise, the provisions of Title 15 referring to the audit and examination of reports and returns, determination of deficiency assessments, claims for refunds, penalties and interest, jeopardy assessments, warrants, conferences, appeals to the depart…

The purposes of this part are: (1) to provide early identification of newborn infants who may be deaf or hard of hearing as soon after birth as possible to enable children, their families, and primary health care providers to obtain any necessary multidisciplinary evaluation, aud…

(1) There is a universal newborn hearing screening program in the department of public health and human services. The department shall implement the program to ensure a hearing screening test for all newborn infants to identify infants who may be deaf or hard of hearing. The depa…

(1) Each licensed hospital, health care facility, or health care provider that provides obstetric services shall provide education to parents of infants born in the hospital or health care facility of the importance of screening the hearing of newborn infants and providing follow…

The purpose of this part is to: (1) secure for each person who may be a person with developmental disabilities such treatment and habilitation as will be suited to the needs of the person and to assure that such treatment and habilitation are skillfully and humanely administered …

As used in this part, the following definitions apply: (1) (a) "Available" means: (i) that services of an identified provider or providers have been found to be necessary and appropriate for the habilitation of a specific person by the person's individual treatment planning team;…

No person shall be admitted to any publicly supported residential institution caring for persons with developmental disabilities unless such institution meets the standards prescribed by this part.