Current through Register Vol. 18, September 20, 2024
(1) The services
available through the program are limited to those specified in this
rule.
(2) The department may
determine the particular services of the program to make available to a
recipient based on, but not limited to, the following criteria:
(a) the recipient's need for a service
generally and specifically;
(b) the
availability of a specific service through the program and any ancillary
service necessary to meet the recipient's needs;
(c) the availability otherwise of alternative
public and private resources and services to meet the recipient's need for the
service;
(d) the recipient's risk
of significant harm or of death if not in receipt of the service;
(e) the likelihood of placement into a more
restrictive setting if not in receipt of the service; or
(f) the financial costs for and other impacts
on the program arising out of the delivery of the service to the
person.
(3) A person
enrolled in the program may be denied a particular service available through
the program that the person desires to receive or is currently
receiving.
(4) Bases for denying a
service to a person include, but are not limited to:
(a) the person requires more supervision than
the service can provide;
(b) the
person's needs, inclusive of health, can no longer be effectively or
appropriately met by the service;
(c) access to the service, even with
reasonable accommodation, is precluded by the person's health or other
circumstances;
(d) a necessary
ancillary service is no longer available; and
(e) the financial costs for and other impacts
on the program arising out of the delivery of the service to the
person.
(5) The
department may make program services for persons with intensive needs available
to a recipient whom it determines, based on past medical history and current
medical diagnosis, would otherwise require on a long-term basis the level of
care of an inpatient hospital or a rehabilitation service setting.
(6) The following services, as defined in
these rules, may be provided through the program:
(a) adult day health;
(b) adult residential care;
(c) case management services;
(d) community supports services;
(e) community transition services;
(f) consultative clinical and therapeutic
services;
(g) consumer-directed
goods and services;
(h) day
habilitation;
(i) dietetic
services;
(j) environmental
accessibility adaptations;
(k)
family training and support;
(l)
financial management;
(m)
habilitation;
(n) health and
wellness;
(o) homemaker chore
services;
(p) homemaker;
(q) independence advisor;
(r) nonmedical transportation;
(s) nursing;
(t) nutrition services;
(u) occupational therapy;
(v) pain and symptom management;
(w) personal assistance;
(x) personal emergency response
systems;
(y) physical
therapy;
(z) post-acute
rehabilitation services;
(aa)
respiratory therapy;
(bb) respite
care;
(cc) senior companion
services;
(dd) speech pathology and
audiology;
(ee) specially trained
attendants;
(ff) specialized child
care for medically fragile children;
(gg) specialized medical equipment and
supplies;
(hh) supported living;
and
(ii) vehicle
modifications.
(7)
Monies available through the program may not be expended on the following:
(a) room and board;
(b) special education and related services as
defined at
20
USC 1401 (16) and (17); and
(c) vocational rehabilitation.
(8) The program is considered the
payor of last resort. A service available through the program is not available
to any extent that a service of another program is otherwise available to a
recipient to meet the recipient's need for that service.
53-2-201,
53-6-101,
53-6-113,
53-6-402,
MCA; IMP,
53-2-201,
53-6-101,
53-6-402,
MCA;
