Administrative Rules of Montana
Department 37 - PUBLIC HEALTH AND HUMAN SERVICES
Chapter 37.90 - MENTAL HEALTH MEDICAID FUNDED 1115 AND 1915 WAIVERS
Subchapter 37.90.4 - Home and Community-Based Services Waiver for Adults With Severe and Disabling Mental Illness
Rule 37.90.439 - HOME AND COMMUNITY-BASED SERVICES FOR ADULTS WITH SEVERE AND DISABLING MENTAL ILLNESS: SELF-DIRECTED SERVICES
Universal Citation: MT Admin Rules 37.90.439
Current through Register Vol. 6, March 22, 2024
(1) Self-directed services may only be provided by an agency.
(2) Services may be directed by:
(a) a member who has the capacity to
self-direct, as determined by the department or the department's
designee;
(b) a legal
representative of the member, including a parent, spouse, or legal guardian;
or
(c) a nonlegal representative
freely chosen by the member or his/her legal representative.
(3) The person directing the services must:
(a) be 18 years of age or
older;
(b) successfully complete
required training for self-direction; and
(c) if acting in the capacity of a
representative demonstrate understanding of the member's needs and
preferences.
(4) The case management teams must:
(a) refer member
to the department's designee for a functional capacity evaluation;
and
(b) assist the member to
develop an emergency backup plan, identifying and mitigating risks or potential
risks, and monitor the health and safety of the member.
(5) Members must:
(a) be capable of making choices about
activities of daily living, understand the impact of their choices, and assume
responsibility for those choices;
(b) be capable of managing all tasks related
to service delivery including recruiting, hiring, scheduling, training,
directing, and dismissal of attendants; and
(c) understand the shared responsibility
between the member and the provider agency.
(6) The provider agency must:
(a) advise, train, and support the member, as
identified in the member's Person-Centered Recovery Plan;
(b) assist with recruiting, interviewing,
hiring, training, managing, paying, and dismissing workers; and
(c) monitor health and welfare of the
member.
(7) Self-directed services can be terminated when:
(a) the member chooses not to self-direct;
or
(b) the case management team or
the department identifies an instance where the self-directed option is not in
the best interest of the member; and
(c) a corrective action does not improve the
situation.
(8) The member must be informed in writing of the plan to transfer to an agency-based service delivery.
AUTH: 53-2-201, 53-6-402, MCA; IMP: 53-6-402, MCA
Disclaimer: These regulations may not be the most recent version. Montana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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