37.34.711 ADULT SERVICES: WORK OR DAY SERVICES REQUIREMENTS
(1) Work or day services must be provided in accordance with the performance requirements in this rule.
(2) A contractor providing work or day services must comply with the performance requirements in this rule. All performance requirements are to be met as provided in department rules and policies, and the contract with the department.
(3) Work or day services include facility-based services and community supported work activities. Supported work activities include individual supported employment, crews, enclaves, and volunteer work. Work or day services are available to meet a wide range of needs including those of individuals who have intensive or senior needs.
(4) Service options and funding sources may have specific requirements that must be met.
(5) In the provision of work or day services, the contractor must:
(a) provide any combination of work or day services, including supported work activities, according to the choices and needs of the individual and as specified by the IP team; and
(b) design activities, built on an array of options, that meet the needs and desires of the individual.
(6) A contractor for work or day services must ensure that medicaid home and community services monies are only expended on persons who are eligible for federally funded intensive adult services as provided in ARM 37.34.217.
(a) The person must have formerly resided in an ICF/MR or a nursing facility in order to be eligible for work services, including individual supported employment or paid work in any work or day service.
(b) The person who formerly resided in an ICF/MR or a nursing facility must not earn more than 50% of the minimum wage in a work activity center or sheltered workshop.