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37.90.402    HOME AND COMMUNITY-BASED SERVICES FOR ADULTS WITH SEVERE DISABLING MENTAL ILLNESS: THE PROVISION OF SERVICES

(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 person based on, but not limited to, the following criteria:

(a) the person'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 person's needs;

(c) the availability otherwise of alternative public and private resources and services to meet the person's need for the service;

(d) the person'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; and

(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, cannot 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; or

(e) the financial costs for and other impacts on the program arising out of the delivery of the service to the person.

(5) The following services, as defined in these rules, may be provided through the program:

(a) case management services;

(b) homemaking;

(c) personal assistance;

(d) adult day health;

(e) habilitation;

(f) respite care;

(g) personal emergency response systems;

(h) nutrition services;

(i) nonmedical transportation;

(j) outpatient occupational therapy;

(k) nursing;

(l) psycho-social consultation;

(m) dietetic services;

(n) adult residential care;

(o) specially trained attendant care;

(p) substance use related disorder services;

(q) specialized medical equipment and supplies;

(r) supported living;

(s) illness management and recovery services;

(t) Wellness Recovery Action Plan (WRAP) services;

(u) community transition services;

(v) health and wellness; and

(w) pain and management.

(6) 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.

(7) The program is considered the payor of last resort. A program service is not available to a person if that type of service is otherwise available to the person from another source.

History: 53-2-201, 53-6-402, MCA; IMP, 53-6-402, MCA; NEW, 2006 MAR p. 2665, Eff. 10/27/06; AMD, 2012 MAR p. 1265, Eff. 7/1/12.

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