As used in this chapter, the following terms apply:

(1) "Accredited secondary school" means a secondary school located in the state of Montana accredited in accordance with Montana Board of Public Education standards for secondary education or the Northwest Accreditation Commission.

(2) "Applicant" means a youth with SED for whom the process to determine eligibility has been initiated but not completed.

(3) "Correctional or detention facility" means:

(a) the Pine Hills youth correctional facility;

(b) the Riverside youth correctional facility;

(c) a Department of Corrections boot camp;

(d) a juvenile detention center;

(e) a city or county criminal detention facility; or

(f) any privately operated or out-of-state correctional or detention facility that the state of Montana may choose to utilize in place of one of the above facilities or categories of facilities.

(4) "Emergency" means a serious medical or behavioral condition resulting from mental illness which arises unexpectedly and manifests symptoms of sufficient severity to require immediate care to avoid jeopardy to the life or health of the youth or harm to another person by the youth.

(5) "Federal poverty level" or "FPL" means the poverty guidelines for the 48 contiguous states and the District of Columbia as published under the "Annual Update of the HHS Poverty Guidelines" in the Federal Register each year on or about February 15 and subsequent annual updates.

(6) "Licensed health care professional" means:

(a) a licensed physician;

(b) a physician assistant-certified; or

(c) an advanced practice registered nurse who is authorized to prescribe medication within the scope of the license.

(7) "Licensed mental health center" means a mental health center licensed in accordance with ARM 37.106.1906 through 37.106.1965.

(8) "Medically necessary" for Medicaid and MHSP is defined as provided in ARM 37.82.102.

(9) "Mental health professional" means one of the following practitioners:

(a) physician;

(b) licensed professional counselor;

(c) licensed psychologist;

(d) licensed clinical social worker; or

(e) advanced practice registered nurse, with a clinical specialty in psychiatric mental health nursing.

(10) "Mental Health Services Plan (MHSP)" for youth with SED, in accordance with ARM 37.87.102, 37.87.303, 37.87.1503, 37.87.1513, 37.87.1703, 37.87.1723, 37.87.1733, 37.87.1903, 37.87.1915, 37.87.2103, and 37.87.2203 is a defined set of services.

(11) "Outpatient therapy services" means the provision of psychotherapy and related services by a licensed mental health professional acting within the scope of the professional's license.

(12) "Provider" means a person or entity that has enrolled and entered into a provider agreement with the department in accordance with the requirements of ARM 37.85.401 through 37.85.513 to provide mental health services to youth with SED on Medicaid or the Mental Health Services Plan.

(13) "Provider agreement" means the written enrollment agreement entered into between the department and a person or entity to provide mental health services to youth with SED.

(14) "Serious Emotional Disturbance (SED)" criteria are defined in ARM 37.87.303.

(15) "System of Care Account" is defined in 52-2-309, MCA, and allows the department to fund via the state special revenue fund the administering and delivering of services to high-risk youth with multiagency service needs and to provide for the youth's care, protection, and mental, social, and physical development.

(16) "Youth" means:

(a) for Medicaid services, a person 17 years of age and younger or a person who is up to 20 years of age and is enrolled in an accredited secondary school with the exception for PRTF services, a person 17 years of age or younger; or

(b) for MHSP, a person 17 years of age and younger that is not eligible for Medicaid or the Children's Health Insurance Plan (CHIP) and meets the financial eligibility for MHSP.