Administrative Rules of Montana
Department 37 - PUBLIC HEALTH AND HUMAN SERVICES
Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM
Subchapter 37.34.9 - 0208 Medicaid Home and Community-Based Services Program
Rule 37.34.963 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: PRIVATE DUTY NURSING

(1) The practice of nursing is defined in 37-8-102, MCA.

(2) Providers of nursing services must be licensed in accordance with the rules and regulations governing the profession.

(3) A waiver recipient receiving the private duty nursing must be 21 years of age or older.

(4) Private duty nursing may be provided when the required nursing services exceed the Montana state plan or are different from the services available in the Montana state plan.

(5) Services may include medical management, direct treatment, consultation, and training for the waiver recipient. The training component of this service is available for the caregiver.

(6) Private duty nursing must be provided in the location where the waiver recipient needs the service.

(7) Private duty nursing must be specified in the plan of care. It must be ordered in writing by the waiver recipient's physician, and it must be delivered by a registered nurse (RN) or a licensed practical nurse (LPN).

(8) Waiver private duty nursing services will be used after the Medicaid state plan home health nursing limits have been reached or if the service required is different from that authorized under the Medicaid state plan.

(9) Private duty nursing services must not overlap with, supplant, or duplicate other services provided through the waiver or Medicaid state plan services.