(1) Services funded through the program may only be provided by or through a provider that:

(a) is enrolled with the department as a Montana Medicaid provider;

(b) meets all the requirements necessary for the receipt of Medicaid monies;

(c) has been determined by the department to be qualified to provide services to youth with serious emotional disturbance in accordance with the criteria set forth in these rules;

(d) is a legal entity; and

(e) meets all facility and other licensing requirements applicable to the services offered, the service settings provided, and the professionals employed.

(2) A youth's immediate family members may not provide services to the youth as a reimbursed provider or as an employee of a reimbursed provider. Immediate family members include a parent, step-parent, domestic partner, or full legal guardian.