Title 53, Title 53

(1) Each local office of public assistance shall keep records and make reports in the detail that the department requires and shall transmit to the department upon its request copies of applications and any other records pertaining to any case. (2) The department shall keep the r…

All applications, information, and records concerning any applicant or recipient of assistance or services under this title are subject to audit for legislative oversight or determination of public assistance fraud.

Except as provided in 53-2-211, it is unlawful for a person, body, association, firm, corporation, or other agency to solicit, disclose, receive, or make use of or to authorize, knowingly permit, participate in, or acquiesce in the use of lists or names for commercial or politica…

Any person, body, association, corporation, firm, or other agency who shall willfully or knowingly violate any provision of 53-2-105 shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $25 or more than $1,000, to which may be added im…

Whoever knowingly obtains by means of a willfully false statement, representation, or impersonation or other fraudulent device public assistance to which the person is not entitled is guilty of theft as provided in 45-6-301.

(1) If, because of department or recipient error, a recipient receives public assistance for which the recipient is not eligible, the portion of payment that the recipient is not entitled to receive may be returned at the discretion of the department. (2) (a) Except as provided i…

Recipients of public assistance shall notify the department of any change or anticipated change in income, resources, household composition, or other factor that may affect eligibility for public assistance or the benefit amount within the period of time specified by the departme…

If money is due and owing the department, a payment due under Title 40, chapter 5, part 2, 4, 7, or 9, or under this chapter that is accompanied by or bears any notation by the debtor that the payment represents payment in full is not full payment, notwithstanding the department'…

(1) The department shall enter into agreements with the department of labor and industry concerning the administration and coordination of the following workforce development programs: (a) the employment and training program provided for in 53-2-903; (b) the cash assistance emplo…

(1) There is an office of inspector general in the department of public health and human services. The office of inspector general may issue a subpoena to compel the production of financial records, documents, records, or data, including information in electronic form, relevant t…

(1) The legislature finds and declares that: (a) many Montanans need access to information and high quality services in order to manage their careers; and (b) Montana businesses need skilled workers. (2) It is the intent of the legislature to establish and continually improve a w…

For the purposes of this part, unless the context otherwise requires, the following definitions apply: (1) "Act" means the federal Workforce Innovation and Opportunity Act, Public Law 113-128, 29 U.S.C. 3101, et seq. (2) "Board" means the Montana state workforce innovation board …

(1) There is a Montana state workforce innovation board. (2) The board: (a) must consist of individuals who fulfill the membership roles and selection criteria required by section 101(b)(1) of the Act, 29 U.S.C. 3111(b)(1); and (b) may include individuals who fulfill the membersh…

(1) There is a workforce development program to implement the provisions of Title I-B of the Act, 29 U.S.C. 3101, et seq., to operate the one-stop delivery system to adults, dislocated workers, and youth. (2) The one-stop delivery system must be administered in accordance with a …

The 4-year combined state plan must contain performance indicators to measure the effectiveness and operation of the programs identified in Title I-B of the Act, 29 U.S.C. 3101, et seq. The combined state plan must contain the expectation of continuous improvement, as negotiated …

The board shall assist the governor in developing and continuously improving the statewide system of activities that are provided within the state workforce development systems by developing linkages in order to ensure coordination among the programs described in section 121(b) o…

There is an incumbent worker training program, administered by the department, the purpose of which is to: (1) meet the training needs of incumbent workers in businesses employing workers in this state; and (2) assist local businesses in preserving existing jobs for Montana resid…

As used in 53-2-1215 through 53-2-1220, the following definitions apply: (1) "Department" means the department of labor and industry provided for in 2-15-1701. (2) "Eligible training provider" means: (a) a unit of the university system, as defined in 20-25-201; (b) a community co…

(1) An employer applying for an incumbent worker training program grant must: (a) have been in business in this state for a minimum of 1 year; and (b) have a need for training incumbent workers. (2) An employer may apply for an incumbent worker training program grant. The employe…

(1) Subject to appropriation by the legislature, the department shall award grants as provided in this section. The distribution of funding must be reviewed annually by the department, and funds that are not being used or for which there are no qualified applications, as determin…

There is a state special revenue account to the credit of the department for use in the incumbent worker training program that may be spent subject to appropriation by the legislature. Money must be deposited in the account from funds that are available for incumbent worker train…

The department may adopt rules to further define information for applications, distribution of grants, and the use of the special revenue account provided for in 53-2-1219.

(1) The department shall: (a) administer and supervise public assistance, including the provision of food stamps, food commodities, cash assistance and nonfinancial assistance, as defined in 53-2-902, energy assistance, weatherization, vocational rehabilitation, services for pers…

The attorney general of the state shall act as legal adviser to the department, shall perform such legal services as may be required, and may employ such other and additional counsel as may be necessary for this purpose and fix the compensation therefor.

The department shall supervise the appointment, dismissal, and entire status of the public assistance personnel attached to local offices of public assistance.

(1) The department is authorized to establish and collect fees for social services furnished which are authorized pursuant to Title XX of the Social Security Act, Public Law 93-647. Such fees shall be based on a schedule determined by the department. (2) The state share of fees p…

The department shall act as the agent of the federal government in public assistance matters of mutual concern in conformity with this title and the federal Social Security Act and in the administration of any federal funds granted to the state to aid in the purposes and function…

In administering or supervising any state or federal funds appropriated or made available to the department for public assistance purposes, the department may: (1) make use of all legal processes to enforce the standards prescribed for public assistance purposes by the department…

(1) The department shall develop and implement a plan to ensure that state-funded services and supports for Montanans with disabilities are, to the greatest extent possible, provided in the community rather than in an institutional setting in accordance with the requirements of t…

(1) The department shall make available to the unemployment compensation program of the department of labor and industry all information contained in its files and records pertaining to eligibility of persons for medicaid, cash assistance and nonfinancial assistance, as defined i…

(1) The department of public health and human services, in collaboration with providers, consumers, and other stakeholders, shall develop a plan for collecting expenditure data from medicaid-dependent providers of services that: (a) assist and support the elderly and persons with…

(1) The department may pursue approval from the U.S. department of health and human services for implementation in Montana of a health insurance flexibility and accountability demonstration initiative and other demonstration projects through section 1115 waivers. (2) The departme…

The department shall establish one or more local offices of public assistance in each county of the state. If conditions warrant, two or more counties may be combined into one administrative unit and the department may use the same local office of public assistance and staff to a…

The staff in each local office of public assistance must consist of at least one qualified staff worker. The department shall hire and supervise all public assistance staff.

(1) Local offices of public assistance are offices of the department under the supervision of the department. (2) The department shall ensure the participation of the tribal government in the development of a plan for any county that serves an Indian reservation.

(1) When requested by the department of public health and human services, the department of justice shall: (a) investigate matters relating to public assistance and vendor payments, including but not limited to the claim for an acceptance of public assistance benefits by public a…

All state departments and agencies and county or other governmental agencies shall cooperate with the department of justice and its employees to effectuate the purpose of this part.

(1) The department of public health and human services and its local units shall make available to the department of justice information contained in the public assistance files pertinent to the investigations and judicial actions described in 53-2-501. (2) Every other state, cou…

(1) No information obtained by the department of justice or its agents and attorneys as a result of an investigation may be disclosed except in accordance with the laws applicable to the source of information. However, the information may be used or disclosed under 40-5-261 and r…

The department of justice may adopt rules to implement this part.

The department shall determine grants and changes in grants, based on the needs of each applicant, after an eligibility determination is made in accordance with the rules and standards of assistance prescribed by the department.

Upon completion of an application, the department, through the appropriate local office of public assistance, shall determine whether the applicant is eligible for public assistance under the provisions of this title, the type and amount of public assistance the applicant must re…

(1) If an application for assistance for food stamps, cash assistance or nonfinancial assistance, as defined in 53-2-902, or medicaid is not acted upon promptly or if a decision is made by which the applicant or recipient is aggrieved, the applicant or recipient may appeal to the…

(1) Except as otherwise provided in this title, assistance granted to a needy person under this title is not transferable or assignable at law or in equity and none of the money paid or payable under this title is subject to execution, levy, attachment, garnishment, or other lega…

(1) When an individual or household is determined to be eligible for public assistance under this title, the department shall make payments to the individual or household or to a vendor on behalf of the individual or household in the full amount approved. Payment may be made by c…

If the department or the local office of public assistance has reason to believe, by reason of a complaint or otherwise, that public assistance under this title has been improperly granted, the department or local office of public assistance shall make an investigation. If it app…