(1) The purpose of this subchapter is to implement the Montana Health and Economic Livelihood Partnership Act (HELP Act) enacted by the 64th Montana Legislature, Ch. 368, L. 2015 MT.

(1) "Advanced practice registered nurse (APRN)" means a registered professional nurse who has completed educational requirements related to the nurse's specific practice role, in addition to basic nursing education, as specified by the Board of Nursing in ARM 24.159.1414.

(2) "Medicaid Benefit Plan" means a service plan available to Medicaid and HELP members that is equivalent to the Medicaid services described in ARM Title 37.

(3) "American Indian and Alaska Native" means an American Indian, Alaska Native, or other individual who is eligible for health services through the Indian Health Service, tribes and tribal organizations, or urban Indian organizations.

(4) "Benefit year" means the state fiscal year from July 1 through June 30.

(5) "Benefits" means the services a person is eligible to receive. The HELP Program benefits are stated in the Medicaid Benefit Plan.

(6) "Copayment" means a predetermined portion of the cost for a health care service or item that is owed by the member directly to a provider for a covered health care service.

(7) "Cost Share" means the total of premium and copayment costs in relation to the delivery of health care services to the participant that are the responsibility of the participant to pay.

(8) "Department" means the Montana Department of Public Health and Human Services.

(9) "Emergency medical condition" means a medical condition manifesting itself with acute symptoms of sufficient severity, including severe pain, such that a prudent layperson could reasonably expect the absence of immediate medical attention to result in any of the following:

(a) serious jeopardy to the health of the member or the member's unborn child;

(b) serious impairment of bodily function; or

(c) serious dysfunction of any bodily organ or part.

(10) "Experimental, investigational, and unproven" means any drug, device, treatment, or procedure that meets any of the following criteria:

(a) prescription drugs not approved by the Food and Drug Administration (FDA) to be lawfully marketed for the proposed use, and it is not identified in the American Hospital Formulary Service, the AMA Drug Evaluation, or the Pharmacopoeia as an appropriate use;

(b) it is subject to review or approval by an institutional review board (meaning that a hospital considered it experimental and put it under review to meet federal regulations, or review is required and defined by federal regulations, particularly those of the FDA or U.S. Department of Health and Human Services);

(c) it is the subject of an ongoing clinical trial that meets the definition of a Phase 1, 2, or 3 clinical trial set forth in FDA regulations, regardless of whether it is an FDA trial;

(d) it has not been demonstrated through prevailing, peer-reviewed medical literature to be safe and effective for treating or diagnosing the condition or illness for which its use is proposed;

(e) the predominant opinion among experts as expressed in the published authoritative literature is that further research is necessary in order to define safety, toxicity, and effectiveness (or effectiveness compared with conventional alternatives), or that usage should be substantially confined to research settings;

(f) it is not a covered benefit under Medicare, as determined by the Centers for Medicare and Medicaid Services (CMS), because it is considered experimental, investigational, or unproven;

(g) it is experimental, investigational, unproven, or not a generally acceptable medical practice in the predominant opinion of independent experts utilized by the administrator of each plan; or

(h) it is not experimental or investigational in itself pursuant to the above and would not be medically necessary, but it is being provided in conjunction with the provision of a treatment, procedure, device, or drug that is experimental, investigational, or unproven.

(11) "Eyeglasses" mean corrective lens, frames, or both prescribed by an ophthalmologist or by an optometrist to improve vision.

(12) "Federal poverty level (FPL)" means the poverty income guidelines published annually in the Federal Register by the U.S. Department of Health and Human Services.

(13) "Federally Qualified Health Center (FQHC)" means an entity as defined in 42 USC 1396d(l)(2)(B) (2015) and 42 CFR, part 491, subpart A (2015).

(14) "Health and economic livelihood partnership (HELP) program" means a Medicaid coverage program for persons as authorized at Title 53, chapter 6, part 13, MCA, and as implemented in accordance with that part, 53-2-215, MCA, 42 U.S.C. 1315 (2015), 42 U.S.C. 1396d(y) (2015), and other applicable state and federal authorities for those persons who are eligible for the HELP Program as authorized under 42 U.S.C. 1396a(a)(10)(A)(i)(VIII) (2015).

(15) "Healthy behavior plan" means a program implemented to improve the health of members by providing services focused on the promotion or maintenance of good health.

(16) "Indian Health Service (IHS)" means an agency within the U.S. Department of Health and Human Services that is responsible for providing federal health services to American Indians and Alaska Natives.

(17) "Inpatient hospital services" means services or supplies provided to the member who has been admitted to a hospital as a registered bed patient and who is receiving services under the direction of a participating provider with staff privileges at that hospital, including a critical access hospital. The facility must:

(a) be licensed or formally approved as an acute care or critical access hospital by the officially designated authority in the state where the institution is located; and

(b) except as otherwise permitted by federal law, meet the requirements for participation in Medicare as a hospital and have in effect a utilization review plan that meets the requirements of 42 CFR 482.30 (2015).

(18) "Medically frail" means individuals defined in 42 CFR 440.315(f) (2015).

(19) "Member" means an individual enrolled in the Montana Medicaid Program under 53-6-131, MCA, or receiving Medicaid-funded services under 53-6-1304, MCA.

(20) "Modified adjusted gross income (MAGI)" means income determined in accordance with 42 U.S.C. 1396a(e)(14) (2015) and 42 CFR 435.603(d)(4) (2015).

(21) "Outpatient facility services" means preventive, diagnostic, therapeutic, rehabilitative, or palliative services provided to an outpatient by or under the direction of a physician, dentist, or other practitioner as permitted by federal law. The facility must:

(a) be licensed or formally approved as an acute care or critical access hospital by the officially designated authority in the state where the institution is located; and

(b) except as otherwise permitted by federal law, meet the requirements for participation in Medicare as a hospital.

(22) "Participant" means a member with a modified adjusted gross income between 50% and 138% of the federal poverty level and is subject to premium payment provided for in the HELP Act, Title 53, chapter 6, part 13, MCA.

(23) "Participating provider" means a health care professional or facility that is participating in the Medicaid program.

(24) "Physician assistant (PA)" means a mid-level practitioner as defined in ARM 37.86.202.

(25) "Premium" means a fee owed by an individual as a participant in the HELP Program.

(26) "Preventative health care services" means routine health care that includes screenings, checkups, and patient counseling to prevent illnesses, disease, or other health problems, including secondary and tertiary preventive care.

(27) "Rural health clinic (RHC)" means a clinic determined by the U.S. Department of Health and Human Services to meet the rural health clinic conditions of certification specified in 42 U.S.C. 1396d(l)(1) (2015) and 42 CFR, part 491, subpart A (2015).

(28) "Tribal health services" means a service provided by a federally recognized American Indian Tribe or tribal organization under a P.L. 93-638 agreement.

(29) "Workforce program" means a program developed and administered by the Department of Labor and Industry that includes employment assessment and workforce development opportunities to members.

(1) An individual qualifies for Medicaid coverage under the HELP Program if the person is a Montana resident who meets the eligibility criteria for Medicaid expansion coverage as authorized at 42 U.S.C. 1396a(a)(10)(A)(i)(VIII) (2015).

(2) HELP Program coverage, as specified in (1), is inclusive of a person who is 19 through 64 years of age, has a modified adjusted gross income at or below 138% of FPL as appropriate to the household size, and is not:

(a) pregnant at the time of enrollment;

(b) entitled to or enrolled in Medicare;

(c) disabled as determined for purposes of social security; or

(d) in one of the other categories for Medicaid coverage that are excluded from Medicaid expansion coverage by the language of the applicable federal authority.

(1) Coverage for a person in the HELP Program is provided through the Medicaid Benefit Plan.

(1) A HELP participant must pay a premium equal to two percent of the prorated share of the participant's annual household income. The premium will be billed in twelve equal monthly amounts.

(2) A participant, except as provided in (4) and (5), for whom an overdue premium is owed, will be disenrolled from coverage as provided in (3).

(3) The process for collection of overdue premiums is as follows:

(a) Within 30 days of the date a participant's premium payment was due, the department must notify the participant that the payment is overdue and that all overdue premiums must be paid within 90 days of the date the notification was sent.

(b) If payment for overdue premiums is not received, the department will notify the Department of Revenue of the sum owed.

(c) Unless the participant states the intent not to reenroll, the department may reenroll the person in the HELP Plan when the Department of Revenue assesses the unpaid premium through the participant's income tax.

(4) A participant who has an annual household income below 100 percent of the current FPL is not subject to disenrollment due to nonpayment of a premium.

(5) A participant is not subject to disenrollment for failure to pay a premium if the participant meets two of the following criteria:

(a) discharge from the United States military within the previous 12 months;

(b) enrollment in any Montana university system unit, a tribal college, or an accredited Montana college offering at least an associate degree. A participant cannot claim the education exemption for more than four years;

(c) participation in a workforce program or activity established under the authority of 39-12-101 through 39-12-107, MCA; or

(d) participation in any of the following health behavior activities developed by a health care provider or approved by the department:

(i) a Medicaid health home;

(ii) a patient-centered medical home;

(iii) a cardiovascular disease, obesity, or diabetes prevention program;

(iv) a program requiring the member to obtain primary care services from a designated provider and to obtain prescriptions from a designated pharmacy;

(v) a Medicaid primary care case-management program established by the department;

(vi) a tobacco use prevention or cessation program; or

(vii) a substance abuse treatment program.

(6) A participant may reenroll at any time by payment of the premium.

(7) A participant is exempt from paying a premium if the individual:

(a) has a modified adjusted gross income under 50% of the federal poverty level;

(b) has been determined to be medically frail;

(c) is American Indian or Alaska Native;

(d) is receiving Medicaid services under a presumptive eligibility program; or

(e) is pregnant.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.