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This is an obsolete version of the rule. Please click on the rule number to view the current version.

37.40.1407    HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: GENERAL REQUIREMENTS

(1) Services of the program may only be provided by or through a provider that is enrolled with the department as a medicaid provider or that is under contract with a provider the department is contracting with for home and community-based case management services.

(2) A facility providing services to a recipient must meet all licensing requirements including fire and safety standards.

(3) A provider of service must meet the requirements necessary for the receipt of reimbursement with medicaid monies.

(4) A recipient's immediate family members may not provide services to the recipient as a reimbursed provider or as an employee of a reimbursed provider. Immediate family members include:

(a) a spouse; and

(b) a natural or adoptive parent of a minor child.

(5) A provider may also provide support to other family members in the recipient's household during hours of program reimbursed service if approved by the case management team.

History: Sec. 53-2-201, 53-6-101, 53-6-113 and 53-6-402, MCA; IMP, Sec. 53-2-201, 53-6-101 and 53-6-402, MCA; NEW, 1983 MAR p. 863, Eff. 7/15/83; AMD, 1986 MAR p. 2094, Eff. 1/1/87; AMD, 1988 MAR p. 1268, Eff. 7/1/88; AMD, 1991 MAR p. 470, Eff. 12/14/90; TRANS & AMD, from SRS, 2000 MAR p. 2023, Eff. 7/28/00.

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