Current through Register Vol. 18, September 20, 2024
(1) "Active treatment" means:
(a) for persons with mental retardation or a
related condition, a continuous program which includes aggressive consistent
implementation of a program of specialized and generic training, treatment,
health services and related services that is directed toward:
(i) the acquisition of the behaviors
necessary for the person to function with as much self-determination and
independence as possible; and
(ii)
the prevention or deceleration of regression or loss of current optimal
functional status. Active treatment does not include services to maintain a
generally independent client who is able to function with little supervision or
in the absence of a continuous treatment program.
(b) for persons with mental illness, the
implementation of an individualized plan of care developed under and supervised
by a physician and provided by physicians and other qualified mental health
professionals, that prescribes specific therapies and activities under the
supervision of trained mental health personnel for the treatment of a person
who is experiencing an acute episode of severe mental illness.
(2) "Home and community services
program" means the provision of services described in ARM 46.12.1401 through
46.12.1482 to a person in a community setting, who meets the nursing facility
level of care requirements.
(3)
"Level I screening" means a review of a nursing facility applicant to identify
whether the applicant has a primary or secondary diagnosis or indications of
mental retardation or of mental illness.
(4) "Level II screening" means an assessment
applied to persons identified as having a primary or secondary diagnosis of
mental retardation or mental illness which determines whether the person as a
nursing facility applicant has need for the level of services provided by the
nursing facility or by another type of facility and, if so, whether the
individual requires active treatment.
(5) "Medicaid recipient" means a person who
is currently medicaid eligible or who has applied for medicaid.
(6) "Mental illness" means an applicant has
or has had a primary or secondary diagnosis of a major mental disorder, as
defined in the Diagnostic and Statistical Manual of Mental Disorders, third
edition (DSMIIIR), limited to schizophrenic, paranoid, major affective,
schizoaffective disorders and atypical psychosis, and does not have a primary
diagnosis of dementia, including Alzheimer's disease or a related disorder,
which is based on a neurological assessment.
(7) "Mental retardation" means:
(a) An applicant has or has had a primary or
secondary diagnosis of mild, moderate, severe or profound retardation as
described in the American Association on Mental Deficiency's Manual on
Classification in Mental Retardation (1983); or
(b) An applicant has, or has had a primary or
secondary diagnosis of a condition related to mental retardation, which is a
severe, chronic disability that:
(i) is
attributable to:
(A) autism, cerebral palsy
or epilepsy; or
(B) any other
condition, other than mental illness found to be closely related to mental
retardation due to an impairment of general intellectual functioning or
adaptive behavior similar to that of mentally retarded persons requiring
treatment or services similar to those required for these persons;
(ii) is manifested before the
person reaches age 22;
(iii) is
likely to continue indefinitely; and
(iv) results in substantial functional
limitations in three or more of the following areas of major life activity:
(A) self-care;
(B) understanding and use of
language;
(C) learning;
(D) mobility;
(E) self-direction or;
(F) capacity for independent
living.
(8) "Nursing facility" means an institution
or a distinct part of an institution which is not primarily for the care and
treatment of mental diseases, and is primarily engaged in providing either:
(a) skilled nursing care and related services
for residents who require medical or nursing care;
(b) rehabilitation services for the
rehabilitation of injured, disabled or sick persons, or
(c) on a regular basis, health-related care
and services to persons who because of their mental or physical condition
require care and services above the level of room and board which can be made
available to them only through institutional
facilities.
(9) "Nursing facility applicant" means any
person who has been referred for or is applying for admission to a nursing
facility or the home and community services program.
(10) "Preadmission screening" means a
medical, psychological and social evaluation of a nursing facility applicant
which:
(a) is performed prior to entry to a
nursing facility or the home and community services program and includes;
(i) a level I screening to determine if an
applicant has a diagnosis or indication of mental illness or mental
retardation;
(ii) a level II
screening if an applicant is found by the level I screening to need further
assessment; and
(iii) a nursing
facility screening which determines an applicant's need for nursing facility
services.
(11) "Preadmission screening team" means:
(a) for a nursing facility services
determination, a licensed registered nurse and a department long term care
specialist;
(b) for a level I
screening, a long term care specialist or other professional approved by the
department; and
(c) for a level II
screening, employees or contractors of the state mental retardation authority
or the state mental health authority.
(12) "Problems" means functional impairments,
including those involving walking, bathing, grooming, dressing, toileting,
transferring, feeding, bladder incontinence, bowel incontinence, special sense
impairments (such as speech or hearing), mental and behavioral
dysfunctions.
(13) "State mental
health authority" means the Montana department of corrections.
(14) "State mental retardation authority"
means the developmental disabilities division of the Montana department of
public health and human services.
Sec.
53-2-201,
53-5-205,
53-6-113
and
53-6-402,
MCA; IMP, Sec.
53-2-201,
53-6-101,
53-6-111,
53-6-131,
53-6-141 and
53-6-402,
MCA;
