(1) The department has been granted by the United States Department of Health and Human Services (HHS) the authority, through 42 USC 1396n(c) and 42 CFR 441.300 through 441.310, to provide Medicaid home and community-based services (HCBS) to persons with developmental disabilities. These rules implement in Montana the 0208 Medicaid Home and Community Services Waiver Program for persons with developmental disabilities.
(2) In accordance with the state and federal statutes and rules generally governing the provision of Medicaid-funded home and community-based services and the federal-state agreement specifically governing the provision of the Medicaid-funded home and community waiver services to be delivered through this program, and within the fiscal limitations of the funding appropriated and available for the program, the department may determine within its discretion the following features of the program:
(a) the types of services to be available;
(b) the amount, scope, and duration of the services;
(c) the target population;
(d) individual eligibility; and
(e) delivery approach.