(1) Medicaid home and community services may be provided only by providers under contract with the department.

(2) A provider that is among the providers listed in ARM 37.34.1801 must be accredited as provided in that rule.

(3) Any facility providing services must meet all applicable licensing requirements and fire and safety standards.

(4) Reimbursement for services, except for transportation service as defined in ARM 37.34.967, shall not be made to parents of minor children or to spouses unless the department approves reimbursement based on a determination by the department that the spouse or parent is delivering a service, not normally a spousal or parental responsibility, requiring specialized skills that necessitate professional type training and knowledge.

(5) Individual persons directly providing services must be mentally and physically capable of assisting recipients as required by the program.