(1) Services funded through the program may only be provided by or through a provider that:
(a) is enrolled with the department as a Montana Medicaid provider;
(b) meets all the requirements necessary for the receipt of Medicaid monies;
(c) has been determined by the department to be qualified to provide services to youth with serious emotional disturbance in accordance with the criteria set forth in these rules:
(i) a wraparound facilitator and home-based therapist cannot be employed by the same agency when serving on the treatment team and providing services to a specific youth enrolled in the HCBS waiver for youth with serious emotional disturbance (waiver).
(d) is a legal entity; and
(e) meets all facility and other licensing requirements applicable to the services offered, the service settings provided, and the professionals employed.
(2) A youth's immediate family members may not provide services to the youth as a reimbursed provider or as an employee of a reimbursed provider. Immediate family members include a parent, step-parent, domestic partner, or full legal guardian.