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 37.34.974 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: RESPITE

(1) Respite care includes any services designed to meet the safety and daily care needs of the waiver recipient and the needs of the waiver recipient's caregiver in relation to reducing stress generated by the provision of constant care to the waiver recipient.

(2) Respite is only available to waiver recipients residing with primary caregivers in family settings. Respite is available when a primary caregiver is not compensated for providing some or all of the supervision and support needed by the waiver recipients.

(3) Respite providers must be selected and trained by the parents or legal representatives of the waiver recipient.

(4) Respite providers must comply with all state and federal respite standards.

(5) Respite care must not exceed a period of 24 hours per day for more than 29 consecutive days. The amount and frequency of respite care must be included in each waiver recipient's plan of care.

(6) Respite care may not be provided in a licensed adult day center for a person 18 and older.

(7) The waiver will pay the difference in cost between usual and customary rates and the increased rate charged by the provider, as described in (5), to serve a child with extraordinary support needs for children under the age of 13.

(8) Federal financial participation will not be claimed for the cost of room and board except when provided as part of respite care furnished in a facility approved by the state that is not a private residence.

(9) Respite services cannot be used in place of services otherwise available through public education programs, including education activities, after school supervision, daytime services when the school is not in session, or services available to preschool age children.