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37.87.1303    HOME AND COMMUNITY-BASED 1915(c) SERVICES BRIDGE WAIVER FOR YOUTH WITH SERIOUS EMOTIONAL DISTURBANCE: FEDERAL AUTHORIZATION AND AUTHORITY OF STATE TO ADMINISTER PROGRAM

(1) In 2007, the U.S. Department of Health and Human Services (HHS) provided a grant to the Montana Department of Public Health and Human Services (department) to foster the establishment of a home and community-based (HCBS) Psychiatric Residential Treatment Facility (PRTF) Demonstration waiver program (HCBS PRTF waiver), approved by the Centers of Medicare and Medicaid Services (CMS). The HCBS PRTF waiver authority ended September 30, 2012.

(2) CMS allowed Montana the opportunity to continue to provide 1915(c) HCBS waiver services through the 1915(c) HCBS bridge waiver, in accordance with these rules and the agreement with CMS, for the continued delivery of home and community services.

(3) In accordance with the state and federal statutes and rules generally governing the provision of Medicaid-funded home and community-based services and federal-state agreements specifically governing the provision of the Medicaid-funded home and community-based 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 categories of youth to be served;

(d) the total number of service opportunities that may be made available;

(e) individual eligibility; and

(f) geographic service areas.

(4) Only those youth who were already enrolled in the HCBS PRTF waiver for youth with serious emotional disturbance on September 30, 2012, through the duration of their current eligibility, as established under these rules, are eligible to enroll in the HCBS bridge waiver for youth with serious emotional disturbance.

(5) The 1915(c) home and community-based bridge waiver services for youth with serious emotional disturbance must be delivered in accordance with the requirements and limitations of the Home and Community-Based Services Bridge Waiver for Youth with Serious Emotional Disturbance Policy Manual dated October 1, 2015.

(6) The department adopts and incorporates by reference the 1915(c) HCBS Bridge Waiver for Youth with Serious Emotional Disturbance Policy Manual, dated October 1, 2015. A copy of the manual may be obtained from the Department of Public Health and Human Services, Developmental Services Division, Children's Mental Health Bureau, 111 N. Sanders, P.O. Box 4210, Helena, MT 59604 or at http://dphhs.mt.gov/dsd/CMB/Manuals.aspx.

History: 53-2-201, 53-6-113, 53-6-402, MCA; IMP, 53-6-402, MCA; NEW, 2008 MAR p. 335, Eff. 2/15/08; AMD, 2009 MAR p. 2376, Eff. 12/11/09; AMD, 2011 MAR p. 1382, Eff. 7/29/11; AMD, 2012 MAR p. 622, Eff. 3/23/12; AMD, 2012 MAR p. 2186, Eff. 10/26/12; AMD, 2013 MAR p. 1111, Eff. 7/1/13; AMD, 2015 MAR p. 1500, Eff. 10/1/15.

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