Current through Register Vol. 18, September 20, 2024
(1) Adult services must be provided in
accordance with the performance requirements in this rule.
(2) A contractor providing adult services,
other than a contractor providing transportation services that are also
available to the general public and contracting with the department to provide
only transportation services, must comply with the performance requirements in
this rule. All performance requirements are to be met as provided in department
rules and the contract with the department.
(3) In the provision of adult services, the
contractor must:
(a) ensure that all
facilities used in the provision of services meet all applicable licensure
requirements and health and safety codes;
(b) maintain and implement policies and
procedures for a safe, healthy environment for all individuals
served;
(c) maintain and implement
policies and procedures which ensure health monitoring occurs and necessary
medical assistance is provided or sought for all individuals served;
(d) provide supervision, support, care,
education, and training according to the needs of the individual and as
specified by the personal support plan (PSP);
(e) implement any assigned activities of the
PSP;
(f) maintain and implement
policies and procedures to assist individuals and staff in emergencies such as
medical problems, behavior intervention, disasters, and other similar
emergencies;
(g) participate in the
PSP team process, recommending objectives, as applicable, to the PSP team for
the individual; and
(h) coordinate
transportation to assist the individual in meeting the individual's
needs.
(4) A contractor
providing adult services must ensure that any contractor-owned or
contractor-controlled setting:
(a) is
integrated in and facilitates full access of the individual to the greater
community;
(b) ensures the
individual receives services in the community to the same degree of access as
individuals not receiving Medicaid Home and Community-Based Services;
(c) is selected by the individual from among
setting options, including non-disability specific settings and an option for a
private unit in a residential setting;
(d) ensures the individual's rights of
privacy, dignity, and respect, and freedom from coercion and
restraint;
(e) supports health and
safety based upon the individual's needs, decisions, or desires;
(f) optimizes, but does not regiment,
individual initiative, autonomy, and independence in making life choices,
including but not limited to daily activities, physical environment, and with
whom to interact;
(g) provides an
opportunity to seek employment and work in competitive integrated settings;
and
(h) facilitates individual
choice of services and supports, and who provides them.
(5) Service options and funding sources may
have specific requirements that must be met.
(6) In the provision of intensive adult
services, the contractor, in addition to the criteria in (3), must:
(a) provide the level of care, habilitation
and guidance necessary to meet the intensive needs of the individual;
and
(b) ensure, when specified in
the contract, other support services needs are addressed to enhance the ability
of the individual to benefit from all services and activities.
(7) In the provision of senior
services, the contractor, in addition to the criteria in (3), must:
(a) implement a plan, when specified by the
IP team, to allow the individual, based on individual interests and desires, to
choose daily routines, including remaining at home.
(8) The department adopts and incorporates by
reference 42 CFR
441.301(c)(4), as amended
January 16, 2014. A copy of this regulation may be obtained at
https://www.ecfr.gov/ or by
contacting the Department of Public Health and Human Services, Behavioral
Health and Developmental Disabilities Division, Developmental Disabilities
Program, 111 N. Sanders, P.O. Box 4210, Helena, MT 59604-4210.
AUTH:
53-20-204, MCA; IMP:
53-20-205,
MCA
