37.19.101 | DEFINITIONS |
(1) "Department" means the department of public health and human services provided for in Title 2, chapter 15, part 21, MCA.
(2) "Local board" means a governmental unit or private contractor which administers a local family planning program and with which the department has entered into an agreement to provide family planning services.
(3) "Local family planning program" means a program administered by a local board which has entered an agreement with the department and is organized pursuant to the Family Planning Services and Population Research Act of 1970, as amended (42 U.S.C. 300, et seq.) and federal regulations governing grants for family planning services (42 CFR Part 59) .
(4) "Project director" means the individual assigned by a local board to have responsibility for the day-to-day management and administration of a local family planning program on behalf of the local board.
37.19.102 | INVESTIGATION OF COMPLAINTS |
(2) If the complainant requests confidentiality, the complainant's name will remain confidential during the department's investigation.
(3) The investigation may include unannounced site visits and interviews with local program staff, as appropriate.
37.19.103 | INVESTIGATION AND AUDIT REPORTS: PROBATIONARY STATUS |
(2) The local board and project director will be given 1 month to correct the deficiencies. The notice of probationary status will indicate that if the deficiencies have not been corrected by the end of the 1 month probationary period, termination procedures will be initiated.
37.19.104 | FAMILY PLANNING PROGRAM TERMINATION PROCEDURES |
(2) If a timely request for an informal reconsideration is received, the reconsideration will be conducted within 30 days following the receipt of the request. Such informal reconsideration shall be conducted in accordance with the procedures specified for informal reconsiderations in ARM 37.5.305, and is not subject to the contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, MCA or, except as provided in this rule, the provisions of ARM 37.5.304, 37.5.307, 37.5.325, 37.5.328, 37.5.331, 37.5.334 and 37.5.337. The department's final decision on termination will be made within 30 days following the reconsideration. The final decision will be accompanied by a brief statement of the department's findings.
(3) Notwithstanding the provisions of ARM 37.19.103 and this rule, upon a determination by the department that serious program deficiencies constitute an imminent threat to the health, safety or well being of the program's clients, the department may institute emergency termination procedures without first having completed the procedures set forth in ARM 37.19.103 and this rule. In such a case, the notice of intent to terminate may, if appropriate, include notification that the department will discontinue program funding within 5 days following receipt of the notice, pending final action on the termination decision.