House Bill No. 371
Introduced By ahner
A Bill for an Act entitled: An Act replacing the aid to families with dependent children program with the families achieving independence in Montana (FAIM) financial assistance program; making provisions regarding overpayment of public assistance apply to recipient error; requiring recipients to notify the department of public health and human services regarding any change that may affect eligibility for public assistance; amending provisions regarding the food stamp program; allowing the department to adopt rules; replacing the JOBS program with an employment and training program; deleting the child support pass-through payment of up to $50 a month; revising the terms "dependent child" and "family" for purposes of the FAIM financial assistance program; allowing administration of the FAIM financial assistance program to vary across the state; requiring members of Indian tribes participating in the faim financial assistance program to be subject to the same rules, policies, and requirements of the program; requiring the department to adopt additional rules for the faim financial assistance program, including rules for exemptions from time limits, for aliens, and for teenage parents; revising eligibility provisions; making the provision of child-care assistance discretionary; providing that the faim financial assistance program is not an entitlement; providing a 24-month maximum for receipt of pathways assistance for single-parent and two-parent families, subject to a 60-month limitation; removing the requirement for workers' compensation coverage for FAIM project recipients; maintaining eligibility for basic medicaid for recipients of faim financial assistance and under other circumstances; amending sections 23-1-303, 39-7-303, 40-4-215, 53-2-108, 53-2-109, 53-2-201, 53-2-211, 53-2-606, 53-2-610, 53-2-613, 53-2-901, 53-2-902, 53-2-903, 53-2-904, 53-2-1103, 53-2-1109, 53-4-201, 53-4-202, 53-4-211, 53-4-212, 53-4-214, 53-4-221, 53-4-231, 53-4-233, 53-4-241, 53-4-246, 53-4-247, 53-4-248, 53-4-601, 53-4-602, 53-4-603, 53-4-606, 53-4-607, 53-4-608, 53-4-609, 53-4-611, 53-4-612, 53-4-613, 53-4-701, 53-4-702, 53-4-703, 53-4-705, 53-4-706, 53-4-717, 53-6-101, 53-6-113, 53-6-131, and 53-6-134, MCA; repealing sections 39-7-601, 39-7-602, 39-7-603, 39-7-604, 39-7-605, 39-7-606, 53-4-249, 53-4-707, 53-4-708, 53-4-715, 53-4-716, 53-4-718, and 53-4-720, MCA; AND PROVIDING EFFECTIVE DATES AND A TERMINATION DATE.
Be it enacted by the Legislature of the State of Montana:
Section 1. Section 23-1-303, MCA, is amended to read:
"23-1-303. Powers and duties of the division. The division, in cooperation with the department, may:
(1) hire a corps coordinator;
(2) coordinate with state agencies to place eligible participants in work experience projects, including those state general
assistance (GA) and federal aid to families with dependent children (AFDC) recipients of FAIM financial assistance, as
defined in 53-2-902, utilizing grant diversion funding and youth under state supervision utilizing payments from the
department of public health and human services;
(3) develop and approve work experience projects that meet the requirements of this part;
(4) ensure that work experience projects involve labor-intensive improvements to public lands or facilities that will result in a public value and have a potential to yield revenue;
(5) execute contracts or cooperative agreements containing the terms and conditions necessary and desirable for the employment of crewleaders and corpsmembers in approved work experience projects with federal, state, or local agencies, persons, firms, partnerships, associations, or corporations;
(6) execute contracts or cooperative agreements with federal, state, or local agencies, persons, partnerships, associations, or corporations for the purpose of administering the requirements of this part;
(7) develop procedures for awarding incentive vouchers;
(8) authorize use of the corps for emergency projects, including but not limited to natural disasters, fire prevention and suppression, and rescue of lost or injured persons, and provide adequate training to corpsmembers prior to participation in an emergency project;
(9) apply for and accept grants or contributions of services, funds, or lands from any public or private donors, including the acceptance of federal funds appropriated by the legislature;
(10) purchase, rent, acquire, or obtain personal property, supplies, instruments, tools, or equipment necessary to complete work experience projects; and
(11) adopt rules and guidelines necessary to implement the provisions of this part and to effectively administer the program."
Section 2. Section 39-7-303, MCA, is amended to read:
"39-7-303. Definitions. As used in this part, the following definitions apply:
(1) "Adult" means a person who is 18 years of age or older.
(2) "Commissioner" means the commissioner of labor and industry as provided in 2-15-1701.
(3) "Displaced homemaker" means an adult who:
(a) has worked as an adult primarily without remuneration to care for the home and family and for that reason has diminished marketable skills and who has been dependent on public assistance or on the income of a relative but is no longer supported by that income; or
(b) (i) is a parent whose youngest dependent child will become ineligible to receive financial assistance under the program
for aid to families with dependent children FAIM financial assistance, as defined in 53-2-902, pursuant to Title 53, chapter
4, part 2, within 2 years of the parent's application for displaced homemaker assistance;
(ii) is unemployed or underemployed and is experiencing difficulty in obtaining any employment or suitable employment, as appropriate; or
(iii) meets the qualifications described in subsection (3)(a) or (3)(b) and is a criminal offender."
Section 3. Section 40-4-215, MCA, is amended to read:
"40-4-215. Investigations and reports. (1) In contested custody proceedings and in other custody proceedings if a parent
or the child's custodian requests, the court may order an investigation and report concerning custodial arrangements for the
child. The department of public health and human services may not be ordered to conduct the investigation or draft a report
unless the parent or the child's custodian requesting the investigation is a recipient of aid to families with dependent
children FAIM financial assistance, as defined in 53-2-902, food stamps, or public assistance and all reasonable options for
payment of the investigation, if conducted by a person not employed by the department, are exhausted. The department
may consult with any investigator and share information relevant to the child's best interests. The cost of the investigation
and report must be paid according to the final order.
(2) In preparing a report concerning a child, the investigator may consult any person who may have information about the child and the child's potential custodial arrangements. Upon order of the court, the investigator may refer the child to professional personnel for diagnosis. The investigator may consult with and obtain information from medical, psychiatric, or other expert persons who have served the child in the past without obtaining the consent of the parent or the child's custodian. The child's consent must be obtained if the child has reached the age of 16 unless the court finds that the child lacks mental capacity to consent. If the requirements of subsection (3) are fulfilled, the investigator's report may be received in evidence at the hearing.
(3) The court shall mail the investigator's report to counsel and to any party not represented by counsel at least 10 days prior to the hearing. The investigator shall make available to counsel and to any party not represented by counsel the investigator's file of underlying data and reports, complete texts of diagnostic reports made to the investigator pursuant to the provisions of subsection (2), and the names and addresses of all persons whom the investigator has consulted. Any party to the proceeding may call the investigator and any person the investigator has consulted for cross-examination. A party may not waive the right of cross-examination prior to the hearing."
Section 4. Section 53-2-108, MCA, is amended to read:
"53-2-108. Overpayment of assistance -- civil penalty when fraud. (1) If, due to department or recipient error, a
recipient receives public assistance for which he the recipient is not eligible, the portion of payment that he the recipient is
not entitled to receive shall may be returned at the discretion of the department.
(2) If a person obtains any part of an assistance payment through fraudulent means as specified in 53-2-107, 125% of the
amount of assistance to which the person was not entitled shall must be repaid and, until fully paid, is a debt due the state."
Section 5. Section 53-2-109, MCA, is amended to read:
"53-2-109. Recipients to report income not previously declared changes in factors affecting eligibility. Recipients of
public assistance shall notify the department within 10 days of the receipt of any income or resources not previously
declared to the department of any change or anticipated change in income, resources, household composition, or other
factor that may affect eligibility for public assistance or the benefit amount within the period of time specified by the
department by rule. Failure of the department to verify information provided by the recipient does not absolve the recipient
from his the obligation to provide accurate information to the department."
Section 6. Section 53-2-201, MCA, is amended to read:
"53-2-201. Powers and duties of department. (1) The department shall:
(a) administer and supervise public assistance, including the provision of food stamps, food commodities, aid to families
with dependent children, FAIM financial assistance, as defined in 53-2-902, energy assistance, weatherization, vocational
rehabilitation, services for persons with severe disabilities, developmental disability services, and medical care payments in
behalf of recipients of public assistance, employment and training services for recipients of public assistance, and other
programs as necessary to strengthen and preserve families;
(b) give consultant service to private institutions providing care for the needy, and indigent, handicapped, or dependent
adults;
(c) cooperate with other state agencies and develop provisions for services to the blind, including the prevention of blindness, the location of blind persons, medical services for eye conditions, and vocational guidance and training of the blind;
(d) provide services in respect to organization and supervise county departments of public welfare and county boards of public welfare in the administration of public assistance functions and for efficiency and economy;
(e) assist and cooperate with other state and federal departments, bureaus, agencies, and institutions, when requested, by performing services in conformity with public assistance purposes;
(f) administer all state and federal funds allocated to the department for public assistance and do all things necessary, in
conformity with federal and state law, for the proper fulfillment of public assistance purposes; and
(g) make rules governing payment for services and supplies provided to recipients of public assistance; and
(h) adopt rules regarding assignment of monetary and medical support upon application for FAIM financial assistance, as defined in 53-2-902, and related medical assistance.
(2) The department may:
(a) purchase, exchange, condemn, or receive by gift either real or personal property which that is necessary to carry out its
public assistance functions. Title to property obtained under this subsection must be taken in the name of the state of
Montana for the use and benefit of the department.
(b) contract with the federal government to carry out its public assistance functions. The department may do all things necessary in order to avail itself of federal aid and assistance.
(c) make rules, consistent with state and federal law, establishing the amount, scope, and duration of services to be provided to recipients of public assistance."
Section 7. Section 53-2-211, MCA, is amended to read:
"53-2-211. Department to share eligibility data. (1) The department shall make available to the unemployment
compensation program of the department of labor and industry all information contained in its files and records pertaining
to eligibility of persons for medicaid, aid to families with dependent children FAIM financial assistance, as defined in
53-2-902, and food stamps. The information made available must include information on the amount and source of an
applicant's income. The information received from the department must be used by the department of labor and industry for
the purpose of determining fraud, abuse, or eligibility for benefits under the unemployment compensation program of the
state and for no other purpose.
(2) The department shall make available to the unemployment compensation and the workers' compensation programs of
the department of labor and industry all information contained in its files and records pertaining to eligibility of persons for
low-income energy assistance, and weatherization, and general relief. The information made available must include
information on the amount and source of an applicant's income. The information received from the department must be
used by the department of labor and industry for the purpose of determining fraud, abuse, or eligibility for benefits under
the unemployment compensation and workers' compensation programs of the state and for no other purpose.
(3) (a) Subject to federal restrictions, the department may request information from the department of labor and industry pertaining to unemployment, workers' compensation, and occupational disease benefits. If the department of labor and industry discovers evidence relating to fraud or abuse for unemployment, workers' compensation, or occupational benefits, the department of labor and industry may request information from the department of revenue pertaining to income as provided in 15-30-303(8)(c).
(b) The information must be used by the department for the purpose of determining fraud, abuse, or eligibility for benefits.
(4) The department may, to the extent permitted by federal law, make available to an agency of the state or to any other
organization information contained in its files and records pertaining to the eligibility of persons for medicaid, aid to
families with dependent children FAIM financial assistance, as defined in 53-2-902, food stamps, low-income energy
assistance, weatherization, or other public assistance. The information may be disclosed only for purposes directly
connected with the administration of a program or purpose of the agency and may not be used by the agency for any other
purpose."
Section 8. Section 53-2-606, MCA, is amended to read:
"53-2-606. Right of appeal. (1) If an application for assistance for food stamps, aid to families with dependent children
FAIM financial assistance, as defined in 53-2-902, or medicaid is not acted upon promptly or if a decision is made with
which the applicant or recipient is not satisfied, the applicant or recipient may appeal to the board of public assistance for a
fair hearing by addressing a request for a hearing to the department of public health and human services. The board of
public assistance shall, upon receipt of a request for a hearing, give the applicant or recipient prompt notice and opportunity
for a fair hearing.
(2) The department may upon its own motion review any decision of a county welfare board and may consider any application upon which a decision has not been made by the county board within a reasonable time from the filing of the decision. The department may have an additional investigation made and shall make a decision as to the granting of assistance and the amount of assistance to be granted the applicant as in its opinion is justified and in conformity with the provisions of this title.
(3) If the department reviews a county decision on its own motion, applicants or recipients affected by the decisions of the department shall upon request be given reasonable notice and an opportunity for a fair hearing by the board of public assistance.
(4) All decisions of the department or the board of public assistance are final and are binding and must be complied with by the county department."
Section 9. Section 53-2-610, MCA, is amended to read:
"53-2-610. County to reimburse department. (1) On or before the 20th of each month, the department of public health
and human services shall present a claim for reimbursement to each county department for its proportionate share of public
assistance granted in the county to recipients during the month and for vendor medical payments made on behalf of
recipients in the previous month. The county department shall make the reimbursement to the department of public health
and human services within 20 days after the claim is presented.
(2) The counties may not be required to reimburse the department of public health and human services for:
(a) any portion of public assistance paid to a household eligible for aid to families with dependent children FAIM financial
assistance, as defined in 53-2-902, if the household includes an enrolled Indian who is the caretaker relative of a needy
dependent child; or
(b) any payment on behalf of any person in a state-operated medical institution.
(3) (a) From the original date of entrustment or the original date of state residency, whichever is earlier, recipients of public assistance who become wards or patients in a licensed nursing home or hospital, foster home, or private charitable institution are the financial responsibility of the appropriate county as provided in subsections (3)(b) through (3)(d).
(b) The county in which commitment of an adult is initiated is considered the county of financial responsibility except
where when a court decree declares the residency to be otherwise. When an adult is transferred from a facility or institution
to one of the facilities listed in subsection (3)(a), the county that initiated the original commitment is considered the county
of financial responsibility except in the case of an adult transfer from an out-of-state institution, in which case the county in
which the facility is located is considered the county of financial responsibility.
(c) In all cases in which a minor patient or ward is involved, the county of financial responsibility is the county in which the parent or guardian resides. If the custody of a minor is entrusted to a state agency, the agency may make a reasonable declaration of the county residency of its ward using applicable guidelines enumerated in this section.
(d) If a person is or becomes an adult while in an institution, the person may determine the county of residence when the person is restored to competency and released. The person becomes the financial responsibility of the new county of residence."
Section 10. Section 53-2-613, MCA, is amended to read:
"53-2-613. Application for assistance -- assignment of support rights. (1) Applications for public assistance, including
but not limited to aid to families with dependent children FAIM financial assistance, as defined in 53-2-902, and medical
assistance, must be made to the county department of public welfare in the county in which the person is residing. The
application must be submitted, in the manner and form prescribed by the department of public health and human services,
and must contain information required by the department of public health and human services.
(2) A person by signing who signs an application for public assistance FAIM financial assistance, as defined in 53-2-902,
or related medical assistance assigns to the state, to the department of public health and human services, and to the county
welfare department all rights that the applicant may have to monetary and medical support and medical payments from any
other person in the applicant's own behalf or in behalf of any other family member for whom application is made. A person
who signs an application for public assistance other than FAIM financial assistance, as defined in 53-2-902, or related
medical assistance may, in accordance with rules adopted by the department, be required to assign to the state, to the
department, and to the county welfare department all rights that the applicant may have to monetary and medical support
from any other person in the applicant's own behalf or on behalf of any other family member for whom application is made.
(3) The assignment:
(a) is effective for both current and accrued support and medical obligations;
(b) takes effect upon a determination that the applicant is eligible for public assistance;
(c) remains in effect with respect to the amount of any unpaid support and medical obligation accrued under the assignment that was owed prior to the termination of public assistance to a recipient.
(4) Whenever a child support or spousal support obligation is assigned to the department of public health and human
services pursuant to this section, the following provisions apply:
(a) If the support obligation is based upon a judgment or decree or an order of a court of competent jurisdiction, the department may retain assigned support amounts in an amount sufficient to reimburse public assistance money expended.
(b) A recipient or former recipient of public assistance may not commence or maintain an action to recover or enforce a delinquent support obligation or make any agreements with any other person or agency concerning the support obligation, except as provided in 40-5-202.
(c) If a notice of assigned interest is filed with the district court, the clerk of the court may not pay over or release for the benefit of any recipient or former recipient of public assistance any amounts received pursuant to a judgment or decree or an order of the court until the department's child support enforcement division has filed a written notice that:
(i) the assignment of current support amounts has been terminated; and
(ii) all assigned support delinquencies, if any, are satisfied or released.
(d) A recipient or former recipient of public assistance may not take action to modify or make any agreement to modify, settle, or release any past, present, or future support obligation unless the department's child support enforcement division is given written notice under the provisions of 40-5-202. Any modifications or agreements entered into without the participation of the department are void with respect to the state, the department, and the county welfare department."
Section 11. Section 53-2-901, MCA, is amended to read:
"53-2-901. Administration of food stamp program -- rulemaking authority. (1) The department is authorized to administer the food stamp program in compliance with all federal laws and requirements.
(2) The department shall adopt rules that are necessary and desirable for the administration of the food stamp program.
(3) The department shall adopt rules that may include but are not limited to rules concerning:
(a) eligibility for assistance, including income and resource limitations, income and resource exclusions, and transfers of resources;
(b) amounts of assistance and methods for determining benefit amount;
(c) certification periods periodic redetermination of eligibility;
(d) reporting requirements;
(e) work registration, employment, and training requirements and exemptions from those requirements;
(f) procedures and policies of the employment and training program;
(g) disqualification because of intentional program violations, for voluntarily quitting a job without good cause, or for any other violation of program rules; and
(h) penalties applicable to recipients of aid to families with dependent children FAIM financial assistance who have been
sanctioned because of failure to meet any requirement of the aid to families with dependent children that program.
(4) The department may adopt rules that include but are not limited to rules concerning:
(a) requirements for recipients to assign the right of support;
(b) requirements for recipients to cooperate with the state agency administering the child support enforcement program established under Title IV-D of the Social Security Act, 42 U.S.C. 651, et seq.; and
(c) disqualification for failure to perform actions required by other means-tested programs, for failure to cooperate with the state agency administering the child support enforcement program under Title IV-D of the Social Security Act, 42 U.S.C. 651, et seq., or for failure to pay court-ordered child support as provided in sections 819, 822, and 823 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 7 U.S.C. 2015."
Section 12. Section 53-2-902, MCA, is amended to read:
"53-2-902. Definitions. As used in this part, the following definitions apply:
(1) "Child support pass-through payments" means child support received for a dependent child or children in a family
receiving aid to families with dependent children, up to $50 a month, that is paid or "passed through" to the family pursuant
to section 402 of the Social Security Act, 42 U.S.C. 602(a)(8)(A)(vi).
(2)(1) "Department" means the department of public health and human services provided in Title 2, chapter 15, part 22.
(3)(2) "Employment and training demonstration project" means the employment and training program for recipients of aid
to families with dependent children FAIM financial assistance who are participating in the FAIM project.
(3) "FAIM financial assistance" means the program that provides participants in the job supplement program, pathways program, and community services program of the FAIM project with benefits that may include cash, services, and noncash assistance.
(4)(4) "FAIM project" means the families achieving independence in Montana project, including the aid to families with
dependent children FAIM financial assistance part established in 53-4-603, a food stamp part administered pursuant to the
Food Stamp Act of 1977, 7 U.S.C. 2026, and a medicaid part administered pursuant to the Social Security Act, 42 U.S.C.
1315.
(5)(5) "Food stamp program" means the provision of coupons food stamp benefits that can be used to purchase food to
low-income persons pursuant to the Food Stamp Act Amendments of 1980, 7 U.S.C. 2011, et seq.
(6) "JOBS program" means the job opportunities and basic skills training program for recipients of aid to families with
dependent children that is conducted in accordance with the requirements of section 201 of the federal Family Support Act
of 1988, 42 U.S.C. 602(a)(19), 681 through 686."
Section 13. Section 53-2-903, MCA, is amended to read:
"53-2-903. Employment and training program. The department shall establish and administer an employment and
training program for food stamp recipients that is in compliance with federal requirements. For purposes of the FAIM
project, if in accordance with waivers of federal law that are granted by the food and nutrition consumer service of the U.S.
department of agriculture, the department may merge its food stamp program employment and training program with its
JOBS FAIM financial assistance employment and training program or may modify the rules and requirements of the food
stamp program employment and training program as necessary to make them consistent with those of the employment and
training demonstration project."
Section 14. Section 53-2-904, MCA, is amended to read:
"53-2-904. Income and resource exclusions -- FAIM participants. If In accordance with waivers of federal law that are
granted by the food and nutrition consumer service of the U.S. department of agriculture, the department may by rule
establish special income and resource exclusions to be applied to participants of the FAIM project in determining their
eligibility for food stamps and in determining the benefit amount. Exclusions that may be established include but are not
limited to exclusions for one-time only cash payments for special employment-related needs as provided in 53-4-603 and
child support pass-through payments of up to $50 a month in determining the recipients' eligibility for food stamps and
determining the benefit amount."
Section 15. Section 53-2-1103, MCA, is amended to read:
"53-2-1103. Definitions. For the purposes of this part, unless the context requires otherwise, the following definitions apply:
(1) "Economically disadvantaged person" has the same meaning as provided in section 4 of the Job Training Partnership Act (29 U.S.C. 1503).
(2) "Job Training Partnership Act" means the federal Job Training Partnership Act, Public Law 97-300 (29 U.S.C. 1501, et seq.), as amended.
(3) "Job training plan" means the plan for providing services and training in a service delivery area, as required in 53-2-1107.
(4) "Program" means the program created by 53-2-1104 to implement the provisions of Title II-A of the Job Training Partnership Act.
(5) "Program year" means the fiscal year beginning on July 1 of the year for which an appropriation is made for the program established under this part, as provided in section 161 of the Job Training Partnership Act (29 U.S.C. 1571).
(6) "Public assistance program" means the state program of aid to families with dependent children FAIM financial
assistance, as defined in 53-2-902.
(7) "Service delivery area" means an area designated as provided in section 101 of the Job Training Partnership Act (29 U.S.C. 1511)."
Section 16. Section 53-2-1109, MCA, is amended to read:
"53-2-1109. Coordination of services. The state job training coordinating council shall identify, in coordination with the
appropriate state and local agencies, the employment, training, and vocational education needs throughout the state and
assess the extent to which employment and training, vocational education, rehabilitation services, public assistance,
economic development, and other federal, state, and local programs and services represent a consistent, integrated, and
coordinated approach to meeting such needs. In carrying out this coordinating function, the council shall consider state
policy set forth in 2-15-101 to eliminate overlapping and duplication of services within state government and in accordance
with the provisions of section 121 of the Job Training Partnership Act (29 U.S.C. 1531) and other employment and training
programs, including:
(1) programs operated under the federal Family Support Act of 1988; and
(2) programs and services of public assistance agencies."
Section 17. Section 53-4-201, MCA, is amended to read:
"53-4-201. Definitions. As used in part 6 and this part, the following definitions apply:
(1) The term "aid to families with dependent children" means money payments made on behalf of a dependent child
pursuant to Title IV of the federal Social Security Act (42 U.S.C. 601, et seq.) and may include payments to meet the needs
of a specified caretaker relative with whom the dependent child is living. The term also includes emergency assistance to
families with children as provided by the federal Social Security Act.
(2)(1) "Department" means the department of public health and human services provided for in 2-15-2201.
(3)(2) (a) (a) The term "dependent "Dependent child", for public assistance purposes, means::
(i)(i) a child under the age of 18 years of age; or; or
(ii) a person under the age of 19 who is a student under the regulations prescribed by the department.
(b) The child described in subsection (3)(a)(i) or (3)(a)(ii) must be deprived of parental support or care by reason of the
death, continued absence from the home, continued unemployment, or physical or mental incapacity of a parent and be
living with a specified caretaker relative, as defined in rules adopted by the department
(ii) a person under 19 years of age who is a student, as defined by the department by rule.
(b) The person described in subsection (2)(a)(i) or (2)(a)(ii) must be living with a specified caretaker relative, as defined by the department by rule.
(3) "FAIM financial assistance" means the program that provides participants in the job supplement program, pathways program, and community services program of the FAIM project with benefits that may include cash, services, and noncash assistance.
(4)(4) "FAIM project" means the families achieving independence in Montana project as established in 53-4-601.
(5) "Family" means a group of people who live with a dependent child, each of whom is related to the dependent child by blood, marriage, or adoption or by law, such as:
(a) a parent, including a natural or adoptive parent, a stepparent, or a person considered by law to be a parent in the case of a child conceived by artificial insemination; or
(b) a sibling.
(5)(6) "Federal poverty level" means the measure of indigence established annually by the U.S. office of management and
budget.
(6)(7) "Public assistance" or "assistance" means a type of monetary or other assistance furnished under this title to a person
by a state or county agency, regardless of the original source of the assistance.
(7)(8) "Specified caretaker relative" means a person within a degree of kinship to the dependent child, as specified by
department rule, who lives with the child and exercises care and control over the child.
(9) "State plan" means the policies and procedures governing the state of Montana's FAIM financial assistance program and other programs funded by temporary assistance for needy families. It is prepared by the department and certified by the federal agency that provides funding for those programs.
(10) "Temporary assistance for needy families" means the federal block grant that funds FAIM financial assistance and other programs to strengthen and preserve families pursuant to Title IV of the Social Security Act, 42 U.S.C. 601, et seq., as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996."
Section 18. Section 53-4-202, MCA, is amended to read:
"53-4-202. Aid to families with dependent children FAIM financial assistance to be in effect in all counties. (1) It is
mandatory and required that the state plan and operation of aid to families with dependent children programs described in
the state plan must be in effect in each county of the state, and the administration and supervision of aid to families with
dependent children must be uniform throughout the counties of the state. However, the.
(2) It is not required that the programs funded under the temporary assistance for needy families block grant be uniformly
administered in each county of the state, provided that it is administered in accordance with all requirements of the state
plan and federal law. The department may also administer demonstration programs pursuant to section 1115 of the federal
Social Security Act, 42 U.S.C. 1315, or any other provision of that act that permits the states to administer experimental,
pilot, or demonstration projects.
(3) An enrolled member of an Indian tribe participating in a program that is funded by the temporary assistance for needy families block grant administered by the state of Montana must be subject to the same rules, policies, and requirements as all other applicants for and recipients of benefits funded by the temporary assistance for needy families block grant."
Section 19. Section 53-4-211, MCA, is amended to read:
"53-4-211. Administration of aid to families with dependent children programs funded under temporary assistance
for needy families block grant. (1) The department is hereby authorized and is charged with the general administration
and supervision of aid to families with dependent children programs funded under the temporary assistance for needy
families block grant under the powers, duties, and functions as prescribed in chapter 2 of this title.
(2) The state of Montana shall maintain a fiscal effort equivalent to at least 80% of the federally calculated maintenance of effort necessary to draw down the temporary assistance to needy families block grant."
Section 20. Section 53-4-212, MCA, is amended to read:
"53-4-212. Department to make rules. (1) The department shall make rules and take action as necessary or desirable for
the administration of the aid to families with dependent children FAIM financial assistance program and other programs
funded under the temporary assistance for needy families program, including the FAIM project block grant.
(2) The department shall adopt rules that may include but are not limited to rules concerning:
(a) eligibility requirements, including gross and net income limitations, resource limitations, and income and resource exclusions;
(b) amounts of assistance and methods for computing benefit amounts;
(c) what constitutes deprivation of parental support or care sufficient to qualify a child as dependent;
(d)(c) the degree of kinship required for a person to qualify as a specified caretaker relative in order to be eligible for
assistance;
(e)(d) procedures and policies for employment and training programs, requirements for participation in the JOBS program
employment and training programs, and exemptions, if any, from those participation requirements;
(f) procedures and policies of the JOBS program;
(g) special requirements or criteria applicable to participants in the FAIM project, such as:
(i) community service
(e) requirements for specified caretaker relatives participating in the community services program, including the number of hours of community service work per month and other terms of performance;
(ii)(f) eligibility for and terms and conditions of child-care assistance for FAIM project participants, including maximum
amounts of assistance payable and amounts of copayments required by specified caretaker relatives;
(iii)(g) maximum amounts of one-time only cash payments for special employment-related needs and the length of time
that a family is required to remain off cash assistance after a payment is received;
(iv)(h) exemptions from time limits in pathways and the community services program;
(v)(i) terms of a specified caretaker relative's or other family member's ineligibility for assistance because of failure to
enter into a family investment agreement or to comply with the specified caretaker relative's individual's obligations under
the agreement, including the length of the period of ineligibility;
(vi)(j) requirements, if any, for participation in and exemptions from participation in and procedures and policies of the
employment and training demonstration project; and
(vii)(k) eligibility for and terms and conditions of extended child-care and medical assistance benefits;
(h)(l) reporting requirements; and
(i)(m) sanctions, disqualification, or other penalties for failure to comply with the program rules or requirements;
(n) exemptions from the 60-month limitation on assistance provided in 53-4-231 based on hardship or for families that include an individual who has been battered or subjected to extreme cruelty, as defined in section 103 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 42 U.S.C. 608, including but not limited to the duration of the exemption;
(o) individuals who must be included as members of an assistance unit;
(p) categories of aliens who may receive assistance, if any;
(q) requirements relating to the assignment of child and medical support rights and cooperation in establishing paternity and obtaining child and medical support;
(r) requirements for eligibility and other terms and conditions of other programs to strengthen and preserve families;
(s) special eligibility or participation requirements applicable to teenage parents, if any; and
(t) conditions under which assistance may be continued when a dependent child is temporarily absent from the home and the length of time for which assistance may be continued."
Section 21. Section 53-4-214, MCA, is amended to read:
"53-4-214. Distribution of copies of law and forms by department. The department shall have printed and shall
distribute copies of this part to all county welfare departments and shall prescribe the form of and print and supply to the
county welfare department blanks of applications, reports, and such other forms as that may be necessary in relation to aid
to families with dependent children the FAIM financial assistance and other programs funded under the temporary
assistance for needy families block grant."
Section 22. Section 53-4-221, MCA, is amended to read:
"53-4-221. County department charged with local administration. The county department of public welfare shall be is
charged with the local administration and supervision of aid to families with dependent children programs funded under the
temporary assistance for needy families block grant, subject to the powers, duties, and functions prescribed for the county
department in chapter 2 of this title."
Section 23. Section 53-4-231, MCA, is amended to read:
"53-4-231. Eligibility. (1) Assistance shall Subject to the provisions of subsections (2) through (5), assistance may be
granted under this part to any dependent child, as defined in 53-4-201, who is in need of such assistance.:
(a) a dependent child;
(b) a specified caretaker relative or relatives, including but is not limited to the natural or adoptive parents of a dependent child;
(c) the stepparent of a dependent child who lives with the child and the child's natural or adoptive parent;
(d) persons under 18 years of age who live in the home with a dependent child, including but not limited to siblings related to the dependent child by blood, marriage, or adoption or by law;
(2)(e) Aid to families with dependent children assistance payments may be made to a needy pregnant woman with no other
children who is receiving such payments. Payments may begin no earlier than the third month prior to the month in which
the child is expected to be born.
(3) Aid to families with dependent children shall be granted to or for the care of children of unemployed parents who
would not otherwise be entitled to such aid because the child is living in the home with both parents. The department may
adopt rules to administer the grant of assistance to children of unemployed parents pursuant to Title IV, section 407, of the
federal Social Security Act (42 U.S.C. 607), as amended.
(2) Persons who are not citizens of the United States are eligible for assistance only as provided in sections 401 through 435 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as codified in Title 8 of the United States Code.
(3) The following are not eligible for assistance:
(a) persons who are receiving supplemental security income payments under the Social Security Act;
(b) a dependent child who is or is expected to be absent from the home of the specified caretaker relative continuously for a period of time prescribed by the department by rule;
(c) a specified caretaker relative who fails to comply with requirements for reporting the absence of a dependent child from the specified caretaker relative's home as prescribed by the department by rule;
(d) families in which the specified caretaker relative fails or refuses to assign child and medical support rights to the department or to cooperate in establishing paternity or obtaining child or medical support as required by the department by rule;
(e) teenage parents who fail or refuse to attend secondary school or another training program as required by the department by rule;
(f) teenage parents who are not living in an adult-supervised setting as defined by the department by rule;
(g) a fugitive felon or probation or parole violator as defined in section 103 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 42 U.S.C. 608;
(h) individuals who have fraudulently misrepresented their place of residence, as defined in section 103 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 42 U.S.C. 608, for a period of 10 years beginning on the date of conviction; and
(i) an individual convicted after August 22, 1996, of any offense that is classified as a felony and that has as an element the possession, use, or distribution of a controlled substance as defined in section 102(6) of the Controlled Substance Act, 21 U.S.C. 802(6).
(4) A family is not eligible for assistance if the family includes an adult who has received assistance in a program funded under the temporary assistance for needy families block grant in any state or states for 60 months or more, whether or not the months are consecutive, except as provided by the department by rule in accordance with section 103 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 42 U.S.C. 608.
(5) This part may not be interpreted to entitle any individual or family to assistance under programs funded by the temporary assistance for needy families block grant."
Section 24. Section 53-4-233, MCA, is amended to read:
"53-4-233. Investigation of applications. Whenever a county department receives an application for assistance under this
part, an investigation shall must be promptly made. The investigation of each application for aid to families with dependent
children shall be conducted by the county department of public welfare. Each applicant shall must be informed of his the
applicant's right to a fair hearing and of the confidential nature of information secured with regard to his circumstances.
Upon completion of an investigation, aid shall must be furnished promptly to all eligible persons. Each applicant shall must
receive written notice of the decision concerning his application the applicant's request for assistance."
Section 25. Section 53-4-241, MCA, is amended to read:
"53-4-241. Amount of assistance determined by department rules. The amount of aid to families with dependent
children FAIM financial assistance granted in any case, including cases in which the recipient is participating in the FAIM
project, must be determined according to the rules and standards of assistance established by the department, as required by
the federal Social Security Act."
Section 26. Section 53-4-246, MCA, is amended to read:
"53-4-246. County share of participation. Each county where the recipient of aid to families with dependent children
FAIM financial assistance resides shall reimburse the department of public health and human services in the amount of
22.5% equal to the percentage of the approved aid to families with dependent children temporary assistance for needy
families grants, exclusive of the federal share. However, a county may not be required to pay more than the amount
appropriated to the department by the legislature for the state maintenance of effort for the temporary assistance for needy
families block grant."
Section 27. Section 53-4-246, MCA, is amended to read:
"53-4-246. County share of participation. Each county where the recipient of aid to families with dependent children
FAIM financial assistance resides shall reimburse the department of public health and human services in the amount of
22.5% equal to the percentage of the approved aid to families with dependent children temporary assistance for needy
families grants, exclusive of the not paid with federal share temporary assistance for needy families funds."
Section 28. Section 53-4-247, MCA, is amended to read:
"53-4-247. County liability when recipient moves to another county. A recipient of aid to families with dependent
children FAIM financial assistance who moves to another county in the state shall continue to receive assistance. The
county that the recipient moves to shall must be charged by the department for the county share of assistance. The county
that a recipient moves from shall notify the county that the recipient moves to."
Section 29. Section 53-4-248, MCA, is amended to read:
"53-4-248. Parents liable to department for aid to families with dependent children public assistance payments. (1)
A payment of public assistance money made to or for the benefit of a dependent child creates a debt due and owing to the
department by the natural or adoptive parents who are legally responsible for the support of the child by statute or court
decree in an amount equal to the amount of public assistance paid. However, where the support obligation is based upon a
court decree, the debt is limited to the amount of the court decree.
(2) The department is subrogated to the right of the child or person having the care, custody, and control of the child to
prosecute any support action or execute any administrative remedy existing under the laws of the state to obtain
reimbursement of any money thus expended. If a court decree enters judgment for an amount of support to be paid by an
obligor parent, the department is subrogated to the debt created by the order and the money judgment is in favor of the
department. No An obligee may not commence an action to recover support due and owing to him the obligee without first
filing an affidavit with the court stating whether he the obligee has received public assistance from any source and, if he the
obligee has received public assistance, that he the obligee has notified the department in writing of the pending action.
(3) In no case may a A debt arising under this section may not be incurred by or collected from a parent or other person
while he the parent or other person is the recipient of public assistance money for the benefit of minor dependent children.
(4) The remedies herein provided in this section are in addition to and not in lieu of existing common law and statutory
law.
(5) The department or its legal representatives may, at any time consistent with the income, earning capacity, and resources of the debtor, petition the court having jurisdiction over the particular case to set or reset a level and schedule of payments to be paid upon the debt."
Section 30. Section 53-4-601, MCA, is amended to read:
"53-4-601. Demonstration project -- purpose. (1) The department is authorized to administer a demonstration project
pursuant to section 1115 of the Social Security Act, 42 U.S.C. 1315, to provide assistance under Title IV of that act, 42
U.S.C. 601, et seq., to families who are currently receiving, eligible for, or at risk of becoming eligible for aid to families
with dependent children benefits FAIM financial assistance. This demonstration project may be cited as the families
achieving independence in Montana (FAIM) project.
(2) The purpose of the demonstration project is to promote self-sufficiency and responsibility of participants by providing
supports and incentives, such as child-care assistance, training, education, medical assistance, and resource referrals, and to
make procedures and requirements less complex and more uniform in the aid to families with dependent children FAIM
financial assistance, food stamp, and medicaid programs."
Section 31. Section 53-4-602, MCA, is amended to read:
"53-4-602. Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Cash assistance" means monetary payments to a recipient of aid to families with dependent children FAIM financial
assistance to meet basic needs, such as shelter, utilities, clothing, and personal needs.
(2) "Child-care assistance" means payments to or on behalf of the specified caretaker relative of a dependent child to defray the cost of having a third party care for the child.
(3) "Department" means the department of public health and human services provided for in 2-15-2201.
(4) "FAIM project" means the families achieving independence in Montana project, including an aid to families with
dependent children a FAIM financial assistance part established in 53-4-603, a food stamp part administered under the
Food Stamp Act of 1977, 7 U.S.C. 2026, and a medicaid part administered pursuant to the Social Security Act, 42 U.S.C.
1315.
(5) "JOBS program" means the job opportunities and basic skills training program established in 53-4-703."
Section 32. Section 53-4-603, MCA, is amended to read:
"53-4-603. FAIM project -- components. (1) The aid to families with dependent children FAIM financial assistance part
of the FAIM project consists of three components referred to as the job supplement program, pathways, and the community
services program.
(2) The job supplement program is an alternative to the components of the FAIM project that provide cash assistance. An eligible family may receive assistance under the job supplement program instead of receiving assistance under pathways or the community services program or may receive assistance under the job supplement program either prior to or after receiving assistance under pathways or the community services program.
(3) Services that may be provided to eligible individuals in the job supplement program include:
(a) full medicaid benefits for dependent children, as provided in 53-6-101, and basic medicaid benefits for specified
caretaker relatives, as provided in 53-6-101, if pursuant to waivers of federal law that are granted by the secretary of the
U.S. department of health and human services that permit limited benefits. However, a specified caretaker relative who is
pregnant is entitled to full medicaid benefits.
(b) child-care assistance, as provided in 53-4-611 and as specified by the department by rule;
(c) assistance in obtaining child support; and
(d) a one-time only cash payment to meet special employment-related needs of the family. In order to receive a one-time
cash payment, the family is required to agree not to apply for or receive cash assistance for a period of time based on the
size of the one-time cash payment received.
(4) (a) Pathways may provide eligible individuals with job training and education; resource referrals; assistance in
obtaining child support; one-time cash payments for special employment-related needs; child-care assistance, as provided
in 53-4-611 and as specified by department rule; cash assistance payments; supportive services, if funding is available; full
medicaid benefits for dependent children, as provided in 53-6-101; and basic medicaid benefits for specified caretaker
relatives, as provided in 53-6-101, if pursuant to waivers of federal law that are granted by the secretary of the U.S.
department of health and human services that permit limited benefits. However, a specified caretaker relative who is
pregnant is entitled to full medicaid benefits.
(b) A specified caretaker relative in either a single-parent family or a two-parent family may receive assistance under pathways for a maximum of 24 months, subject to the time limitation on assistance provided in 53-4-231. The 24 months do not need to be consecutive.
(c) Specified caretaker relatives in a two-parent family may receive assistance under pathways for a maximum of 18
months. The 18 months do not need to be consecutive.
(5) (a) In the community services program, a specified caretaker relative who has received the maximum number of 24
months of assistance allowable under pathways may continue to receive assistance for the specified caretaker relative's
needs for an additional 36 months or longer period, as specified by department rule, if the specified caretaker relative
performs community service work as required by the department, subject to the time limitation on assistance provided in
53-4-231.
(b) A specified caretaker relative who performs community service work as required is entitled to cash assistance for the
specified caretaker relative's needs and basic medicaid benefits, as provided in 53-6-101, if pursuant to waivers of federal
law that are granted by the secretary of the U.S. department of health and human services that permit limited benefits.
However, a specified caretaker relative who is pregnant is entitled to full medicaid benefits.
(c) Job training and education, resource referrals, and assistance in obtaining child support may also be provided if determined by the department to be appropriate. Child-care assistance may be provided to participants in the community services program as set forth in 53-4-611 and as specified by department rule.
(6) Failure of a caretaker relative to participate in community service work as required must result in the needs of the specified caretaker relative being removed from the cash assistance payment.
(7) A dependent child who meets all eligibility requirements for aid to families with dependent children may receive
assistance under any component of the FAIM project without any time limits. FAIM financial assistance is not subject to
the time limits on assistance in pathways and the community services program that are provided for specified caretaker
relatives in this section. However, a dependent child may be ineligible for FAIM financial assistance because of the
60-month limitation on assistance provided in 53-4-231.
(8) The department shall furnish workers' compensation coverage, as provided in 39-71-118, for recipients in any
component of the FAIM project who perform community service work or who participate in a work experience program."
Section 33. Section 53-4-606, MCA, is amended to read:
"53-4-606. Requirements for eligibility. (1) Eligibility for aid to families with dependent children benefits FAIM
financial assistance under the FAIM project with regard to income, resources, and all other factors of eligibility must be
determined in accordance with the waivers granted by the U.S. secretary of health and human services under section 1115
of the Social Security Act, 42 U.S.C. 1315.
(2) If waivers of federal law are granted by the secretary of the U.S. department of health and human services, two-parent
families applying for or receiving aid to families with dependent children benefits under the FAIM project based on the
unemployment of one parent may not be required to meet the special eligibility requirements of section 407 of the Social
Security Act, 42 U.S.C. 607.
(3)(2) (a) As a condition of eligibility for assistance under pathways and the community services program, all specified
caretaker relatives and other family members, as specified by the department by rule, shall enter into a family investment
agreement with the department and shall comply with the terms of that agreement. Entering into an agreement is not a
condition of eligibility for the job supplement program.
(b) The family investment agreement must set forth the mutual obligations of the specified caretaker relative participant
and the department to help the family achieve the goal of self-sufficiency. The agreement may contain provisions:
(i) regarding actions to be taken by the specified caretaker relative and by the department to secure child support;
(ii) requiring that the immunization and health-screening requirements of the early and periodic screening, diagnosis, and treatment program be met for all children in the family; and
(iii) specifying other services and activities appropriate for the specified caretaker relative participant or family.
(c) An individual who is required to enter into a family investment agreement and who fails without good cause to do so or
fails without good cause to comply with the individual's obligations under the agreement is ineligible, as provided in
53-4-608, for aid to families with dependent children FAIM financial assistance benefits.
(4)(3) As a condition of eligibility for the community service program, a specified caretaker relative shall perform
community service work as required by the department."
Section 34. Section 53-4-607, MCA, is amended to read:
"53-4-607. Exemptions from time limitations in pathways and community services program. (1) Recipients of aid to
families with dependent children FAIM financial assistance under the FAIM project may be exempted from the time
limitations on assistance under pathways and the community services program contained in 53-4-603 as provided by the
department by rule.
(2) In establishing categories of individuals who are exempt from the time limitations on assistance under pathways, the department may take into consideration factors that may delay an individual's attainment of self-sufficiency, including but not limited to the following:
(a) The individual has a verifiable illness, injury, or physical or mental impairment, handicap, or disability.
(b) The individual is of advanced age.
(c) The individual does not have necessary state-paid child care available.
(d) The individual is attending high school or is working toward a graduate equivalency diploma, if the individual is under
20 18 years of age.
(e) The individual is the parent of a child under 1 year of age.
(f) The individual is providing care to a household member with a disability who requires special care.
(g) The individual is a teenage parent receiving assistance in the individual's own name and participating in activities pursuant to a family investment agreement.
(h) The department failed to substantially comply with its obligations under the family investment agreement.
(i) The individual is a homeless person.
(j) The individual is a victim of domestic violence as defined by the department by rule."
Section 35. Section 53-4-608, MCA, is amended to read:
"53-4-608. Ineligibility because of Results of failure to comply with terms of agreement. If an individual is required to
enter into a family investment agreement pursuant to 53-4-606 and fails without good cause either to enter into an
agreement or, the individual is ineligible for FAIM financial assistance. If an individual is required to enter into a family
investment agreement pursuant to 53-4-606 and fails without good cause to comply with the individual's obligations under
the agreement, the individual is ineligible for aid to families with dependent children benefits must be sanctioned for a
period of time specified by the department by rule and the needs of the individual may not be taken into consideration in
determining the assistance unit's amount of cash assistance. However, the family of an ineligible a sanctioned individual is
entitled to assistance for its own needs if it is otherwise eligible. The income and resources of the individual must be
considered in determining the family's eligibility for assistance during the period of ineligibility that the individual is
sanctioned."
Section 36. Section 53-4-609, MCA, is amended to read:
"53-4-609. Categorical eligibility for other assistance. All recipients Recipients of aid to families with dependent
children FAIM financial assistance under a component of the FAIM project are not categorically eligible for food stamp
benefits and the low-income energy assistance program, regardless of whether they would otherwise meet but are eligible
only if they satisfy all the eligibility requirements for those programs, unless otherwise prohibited by federal law."
Section 37. Section 53-4-611, MCA, is amended to read:
"53-4-611. Child-care assistance. (1) In the job supplement program component of the FAIM project, the department
shall may provide child-care assistance to all single-parent families if child care is necessary to allow the parent to engage
in paid employment and if funding is available. Child-care assistance may, at the department's discretion, be provided to
two-parent families if child care is necessary to allow either or both parents to engage in paid employment and if funding is
available.
(2) In the pathways component of the FAIM project, the department shall may provide child-care assistance to all
single-parent families if child care is necessary to allow the parent to participate in an activity required by the family
investment agreement and if funding is available. However, child-care assistance for single-parent families to enable the
parent to participate in postsecondary education is not guaranteed and may be provided only if funding is available.
Child-care assistance may, at the department's discretion, be provided to two-parent families if child care is necessary to
allow either or both of the parents to participate in an activity required by the family investment agreement and if funding is
available.
(3) In the community services program component of the FAIM project, the department shall may provide child-care
assistance to all single-parent families if child care is necessary to allow the parent to participate in an activity required by
the family investment agreement and if funding is available. Child-care assistance may, at the department's discretion, be
provided to two-parent families if child care is necessary to allow either or both of the parents to participate in an activity
required by the family investment agreement and if funding is available."
Section 38. Section 53-4-612, MCA, is amended to read:
"53-4-612. Extended child care and medical assistance benefits. A family receiving aid to families with dependent
children FAIM financial assistance benefits under a component of the FAIM project that loses eligibility for assistance
because of increased income from any source may receive extended child care and medical assistance benefits if funding is
available, provided that the family's income does not exceed a percentage of the federal poverty level specified by the
department by rule, and may receive child-care assistance pursuant to 53-4-611 if funding is available."
Section 39. Section 53-4-613, MCA, is amended to read:
"53-4-613. JOBS program Employment and training program. (1) In cases in which the department determines that
participation in the JOBS program employment and training program would be appropriate for a participant in pathways,
the participant may be required to participate in the JOBS program employment and training as one of the conditions of the
participant's family investment agreement.
(2) If waivers of federal law are granted by the secretary of the U.S. department of health and human services, the
exemptions from participation in the JOBS program provided in section 201 of the federal Family Support Act of 1988, 42
U.S.C. 602(a)(19), may not apply to recipients of aid to families with dependent children benefits who are participating in
the FAIM employment and training demonstration project."
Section 40. Section 53-4-701, MCA, is amended to read:
"53-4-701. Purpose. It is the purpose of this part to establish a program, consistent with the provisions of the federal
Family Support Act of 1988, to assure that recipients of the aid to families with dependent children program obtain
component of the pathways program that:
(1) provides recipients of FAIM financial assistance with the education, training, and employment services needed to avoid long-term welfare dependency; and
(2) complies with the participation requirements established in section 103 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 42 U.S.C. 607."
Section 41. Section 53-4-702, MCA, is amended to read:
"53-4-702. Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Aid to families with dependent children" has the same meaning as provided in 53-4-201.
(2)(1) "Department" means the department of public health and human services provided for in 2-15-2201.
(2) "FAIM financial assistance" means the program that provides participants in the job supplement program, pathways program, and community services program of the FAIM project with benefits that may include cash payments, services, and noncash assistance.
(3)(3) "FAIM project" means the families achieving independence in Montana project as established in 53-4-601.
(4) "Family Support Act of 1988" means the federal Family Support Act of 1988, Public Law 100-485, as amended.
(5) "JOBS program" or "program" means the job opportunities and basic skills training program established in 53-4-703."
Section 42. Section 53-4-703, MCA, is amended to read:
"53-4-703. JOBS program Employment and training program established -- purpose. (1) The department shall
establish and administer a job opportunities and basic skills training (JOBS) program that meets the requirements of section
201 of the federal Family Support Act of 1988 (42 U.S.C. 602(a)(19), 681 through 686) an intensive employment and
training program in accordance with the requirements of section 103 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, 42 U.S.C. 607.
(2) The purpose of the program is to provide recipients of aid to families with dependent children the education, training,
and employment that will help them avoid long-term welfare dependency."
Section 43. Section 53-4-705, MCA, is amended to read:
"53-4-705. Services and activities. (1) Under the program provided for in 53-4-703, the department shall make available a
broad range of services and activities to assist recipients of aid to families with dependent children FAIM financial
assistance as specified by the department by rule. Such services and activities may include:
(a) appropriate educational activities, including:
(i) high school education or its equivalent, combined with training as needed;
(ii) basic and remedial education to help participants achieve a basic literacy level; and
(iii) education for individuals with limited English language proficiency;
(b) job skills training;
(c) job readiness activities to help prepare participants for work;
(d) job development and job placement;
(e) group and individual job search activities as provided for in 42 U.S.C. 682(g);
(f) on-the-job training;
(g) work supplementation programs as provided for in 42 U.S.C. 682(e); and
(h) community work experience programs as provided for in 42 U.S.C. 682(f).
(2) In addition to the services and activities provided in subsection (1), the department may offer to participants under the
program:
(a) postsecondary education in appropriate cases; and
(b) such other education, training, and employment activities as may be determined necessary."
Section 44. Section 53-4-706, MCA, is amended to read:
"53-4-706. Participation requirements. (1) Except as otherwise provided in this section and 53-4-707, the department
may require individuals to participate in the JOBS employment and training program as a condition of their eligibility for
aid to families with dependent children FAIM financial assistance.
(2) To the extent that the program is available and that state resources permit, the department shall:
(a) require recipients of aid to families with dependent children who are not participating in the FAIM project and with
respect to whom the state guarantees child care in accordance with section 402(g) of the Social Security Act (42 U.S.C.
602(g)) to participate in the program;
(b) require recipients of aid to families with dependent children FAIM financial assistance who are participating in either
the pathways or community service program component of the FAIM project to participate in the program if the department
determines that it is an appropriate activity for the recipient and includes participation as a condition of the recipient's
family investment agreement; and
(c) allow applicants for and recipients of aid to families with dependent children who are not required under subsection
(2)(a) to participate in the program to do so on a voluntary basis."
Section 45. Section 53-4-717, MCA, is amended to read:
"53-4-717. Sanctions. (1) Except as provided in subsection (2), an individual who without good cause fails to participate
in the JOBS program as required or who without good cause refuses to accept suitable employment shall lose eligibility for
aid to families with dependent children as provided in 42 U.S.C. 602(a)(19)(G).
(2) If an individual receiving aid to families with dependent children FAIM financial assistance under the FAIM project is
required to participate in the JOBS employment and training program as a condition of the individual's family investment
agreement and fails without good cause to participate, the individual must be sanctioned in accordance with rules
established by the department."
Section 46. Section 53-6-101, MCA, is amended to read:
"53-6-101. Montana medicaid program -- authorization of services. (1) There is a Montana medicaid program
established for the purpose of providing necessary medical services to eligible persons who have need for medical
assistance. The Montana medicaid program is a joint federal-state program administered under this chapter and in
accordance with Title XIX of the federal Social Security Act, 42 U.S.C. 1396, et seq., as may be amended. The department
of public health and human services shall administer the Montana medicaid program.
(2) Medical assistance provided by the Montana medicaid program includes the following services:
(a) inpatient hospital services;
(b) outpatient hospital services;
(c) other laboratory and x-ray services, including minimum mammography examination as defined in 33-22-132;
(d) skilled nursing services in long-term care facilities;
(e) physicians' services;
(f) nurse specialist services;
(g) early and periodic screening, diagnosis, and treatment services for persons under 21 years of age;
(h) ambulatory prenatal care for pregnant women during a presumptive eligibility period, as provided in 42 U.S.C. 1396a(a)(47) and 42 U.S.C. 1396r-1;
(i) targeted case management services, as authorized in 42 U.S.C. 1396n(g), for high-risk pregnant women;
(j) services that are provided by physician assistants-certified within the scope of their practice and that are otherwise directly reimbursed as allowed under department rule to an existing provider;
(k) health services provided under a physician's orders by a public health department; and
(l) federally qualified health center services, as defined in 42 U.S.C. 1396d(l)(2).
(3) Medical assistance provided by the Montana medicaid program may, as provided by department rule, also include the following services:
(a) medical care or any other type of remedial care recognized under state law, furnished by licensed practitioners within the scope of their practice as defined by state law;
(b) home health care services;
(c) private-duty nursing services;
(d) dental services;
(e) physical therapy services;
(f) mental health center services administered and funded under a state mental health program authorized under Title 53, chapter 21, part 2;
(g) clinical social worker services;
(h) prescribed drugs, dentures, and prosthetic devices;
(i) prescribed eyeglasses;
(j) other diagnostic, screening, preventive, rehabilitative, chiropractic, and osteopathic services;
(k) inpatient psychiatric hospital services for persons under 21 years of age;
(l) services of professional counselors licensed under Title 37, chapter 23;
(m) hospice care, as defined in 42 U.S.C. 1396d(o);
(n) case management services as provided in 42 U.S.C. 1396d(a) and 1396n(g), including targeted case management services for the mentally ill;
(o) inpatient psychiatric services for persons under 21 years of age, as provided in 42 U.S.C. 1396d(h), in a residential treatment facility, as defined in 50-5-101, that is licensed in accordance with 50-5-201; and
(p) any additional medical service or aid allowable under or provided by the federal Social Security Act.
(4) Services for persons qualifying for medicaid under the medically needy category of assistance as described in 53-6-131 may be more limited in amount, scope, and duration than services provided to others qualifying for assistance under the Montana medicaid program. The department is not required to provide all of the services listed in subsections (2) and (3) to persons qualifying for medicaid under the medically needy category of assistance.
(5) If In accordance with waivers of federal law that are granted by the secretary of the U.S. department of health and
human services, the department of public health and human services may implement limited medicaid benefits, to be
known as basic medicaid, for adult recipients who are eligible because they are receiving aid to families with dependent
children FAIM financial assistance, as defined in 53-4-702, as the specified caretaker relative of a dependent child under
the FAIM project and for all adult recipients of medical assistance only who are covered under a group related to aid to
families with dependent children the program of FAIM financial assistance, as defined in 53-4-702. Basic medicaid
benefits consist of all mandatory services listed in subsections (2)(a) through (2)(l) but may include those optional services
listed in subsections (3)(a) through (3)(p) that the department in its discretion specifies by rule. The department, in
exercising its discretion, may consider the amount of funds appropriated by the legislature for the FAIM project and
whether the provision of a particular service is commonly covered by private health insurance plans. However, a recipient
who is pregnant, meets the criteria for disability provided in Title II of the Social Security Act, 42 U.S.C. 416, et seq., or is
less than 21 years of age is entitled to full medicaid coverage.
(6) The department may implement, as provided for in Title XIX of the federal Social Security Act, 42 U.S.C. 1396, et
seq., as may be amended, a program under medicaid for payment of medicare premiums, deductibles, and coinsurance for
persons not otherwise eligible for medicaid.
(7) The department may set rates for medical and other services provided to recipients of medicaid and may enter into contracts for delivery of services to individual recipients or groups of recipients.
(8) The services provided under this part may be only those that are medically necessary and that are the most efficient and cost-effective.
(9) The amount, scope, and duration of services provided under this part must be determined by the department in
accordance with Title XIX of the federal Social Security Act, 42 U.S.C. 1396, et seq., as may be amended.
(10) Services, procedures, and items of an experimental or cosmetic nature may not be provided.
(11) If available funds are not sufficient to provide medical assistance for all eligible persons, the department may set priorities to limit, reduce, or otherwise curtail the amount, scope, or duration of the medical services made available under the Montana medicaid program.
(12) Community-based medicaid services, as provided for in part 4 of this chapter, must be provided in accordance with the provisions of this chapter and the rules adopted under this chapter.
(13) Medicaid payment for personal-care facilities may not be made unless the department certifies to the director of the governor's office of budget and program planning that payment to this type of provider would, in the aggregate, be a cost-effective alternative to services otherwise provided."
Section 47. Section 53-6-113, MCA, is amended to read:
"53-6-113. Department to adopt rules. (1) The department of public health and human services shall adopt appropriate
rules necessary for the administration of the Montana medicaid program as provided for in this part and as may be required
by federal laws and regulations governing state participation in medicaid under Title XIX of the federal Social Security
Act, 42 U.S.C. 1396, et seq., as amended.
(2) The department shall adopt rules as are necessary to further define for the purposes of this part the services provided under 53-6-101 and to provide that services being used are medically necessary and that the services are the most efficient and cost-effective available. The rules may establish the amount, scope, and duration of services provided under the Montana medicaid program, including the items and components constituting the services.
(3) The department shall establish by rule the rates for reimbursement of services provided under this part. The department may in its discretion set rates of reimbursement that it determines necessary for the purposes of the program. In establishing rates of reimbursement, the department may consider but is not limited to considering:
(a) the availability of appropriated funds;
(b) the actual cost of services;
(c) the quality of services;
(d) the professional knowledge and skills necessary for the delivery of services; and
(e) the availability of services.
(4) The department shall specify by rule those professionals who may deliver or direct the delivery of particular services.
(5) The department may provide by rule for payment by a recipient of a portion of the reimbursements established by the department for services provided under this part.
(6) The department may adopt rules consistent with this part to govern eligibility for the Montana medicaid program. Rules
may include but are not limited to financial standards and criteria for income and resources, treatment of resources,
nonfinancial criteria, family responsibilities, residency, application, termination, definition of terms, and confidentiality of
applicant and recipient information, and cooperation with the state agency administering the child support enforcement
program under Title IV-D of the Social Security Act, 42 U.S.C. 651, et seq.
(7) The department may adopt rules limiting eligibility based on criteria more restrictive than that provided in 53-6-131 if
required by Title XIX of the federal Social Security Act, 42 U.S.C. 1396, et seq., as may be amended, or if funds
appropriated are not sufficient to provide medical care for all eligible persons.
(8) The department may adopt rules necessary for the administration of medicaid managed-care systems. Rules to be adopted may include but are not limited to rules concerning:
(a) participation in managed care;
(b) selection and qualifications for providers of managed care; and
(c) standards for the provision of managed care.
(9) (a) The department shall establish by rule income limits for eligibility for extended medical assistance of persons
receiving aid to families with dependent children benefits from FAIM financial assistance, as defined in 53-4-702, as
participants of the FAIM project who lose eligibility because of increased income, as provided in 53-6-134, and shall also
establish by rule the length of time for which extended medical assistance will be provided. The department, in exercising
its discretion to set income limits and duration of assistance, may consider the amount of funds appropriated by the
legislature for the FAIM project.
(b) Notwithstanding Title 53, chapter 2, part 9, and Title 53, chapter 4, part 6, it is the intent of the legislature that rules
may not be adopted except to implement the waiver granted by the U.S. secretary of health and human services under
section 1115 of the Social Security Act, 42 U.S.C. 1315, and to implement the FAIM program. Rules may not implement
any other program or programs that may result because of federal welfare reform unless the rules are required for
compliance with federal law."
Section 48. Section 53-6-131, MCA, is amended to read:
"53-6-131. Eligibility requirements. (1) Medical assistance under the Montana medicaid program may be granted to a person who is determined by the department of public health and human services, in its discretion, to be eligible as follows:
(a) The person receives or is considered to be receiving supplemental security income benefits under Title XVI of the
federal Social Security Act, 42 U.S.C. 1381, et seq., and does not have income or resources in excess of the applicable
medical assistance limits or aid to families with dependent children receive from FAIM financial assistance, as defined in
53-4-702, benefits under Title IV of the federal Social Security Act, 42 U.S.C. 601, et seq.
(b) The person would be eligible for assistance under a program described in subsection (1)(a) if that person were to apply for that assistance.
(c) The person is in a medical facility that is a medicaid provider and, but for residence in the facility, the person would be receiving assistance under one of the programs in subsection (1)(a).
(d) The person is under 19 years of age and meets the conditions of eligibility in the state plan for aid to families with
dependent children state plan, as defined in 53-4-201, other than with respect to age and school attendance.
(e) The person is under 21 years of age and in foster care under the supervision of the state or was in foster care under the supervision of the state and has been adopted as a hard-to-place child.
(f) The person meets the nonfinancial criteria of the categories in subsections (1)(a) through (1)(e) and:
(i) the person's income does not exceed the income level specified for federally aided categories of assistance and the person's resources are within the resource standards of the federal supplemental security income program; or
(ii) the person, while having income greater than the medically needy income level specified for federally aided categories of assistance:
(A) has an adjusted income level, after incurring medical expenses, that does not exceed the medically needy income level specified for federally aided categories of assistance or, alternatively, has paid in cash to the department the amount by which the person's income exceeds the medically needy income level specified for federally aided categories of assistance; and
(B) has resources that are within the resource standards of the federal supplemental security income program.
(g) The person is a qualified pregnant woman or child as defined in 42 U.S.C. 1396d(n).
(2) The department may establish income and resource limitations. Limitations of income and resources must be within the amounts permitted by federal law for the medicaid program.
(3) The Montana medicaid program shall pay, as required by federal law, the premiums necessary for medicaid-eligible persons participating in the medicare program and may, within the discretion of the department, pay all or a portion of the medicare premiums, deductibles, and coinsurance for a qualified medicare-eligible person or for a qualified disabled and working individual, as defined in section 6408(d)(2) of the federal Omnibus Budget Reconciliation Act of 1989, Public Law 101-239, who:
(a) has income that does not exceed income standards as may be required by the federal Social Security Act; and
(b) has resources that do not exceed standards that the department determines reasonable for purposes of the program.
(4) The department may pay a medicaid-eligible person's expenses for premiums, coinsurance, and similar costs for health insurance or other available health coverage, as provided in 42 U.S.C. 1396b(a)(1).
(5) If In accordance with waivers of federal law that are granted by the secretary of the U.S. department of health and
human services, the department of public health and human services may grant eligibility for basic medicaid benefits as
described in 53-6-101 to an individual receiving aid to families with dependent children FAIM financial assistance, as
defined in 53-4-702, as the specified caretaker relative of a dependent child under the FAIM project and to all adult
recipients of medical assistance only who are covered under a group related to aid to families with dependent children the
program of FAIM financial assistance. A recipient who is pregnant, meets the criteria for disability provided in Title II of
the Social Security Act, 42 U.S.C. 416, et seq., or is less than 21 years of age is entitled to full medicaid coverage as
provided in 53-6-101.
(6) The department, under the Montana medicaid program, may provide, if a waiver is not available from the federal
government, medicaid and other assistance mandated by Title XIX of the federal Social Security Act, 42 U.S.C. 1396, et
seq., as may be amended, and not specifically listed in this part to categories of persons that may be designated by the act
for receipt of assistance.
(7) Notwithstanding any other provision of this chapter, medical assistance must be provided to infants and pregnant women whose family income does not exceed 133% of the federal poverty threshold, as provided in 42 U.S.C. 1396a(a)(10)(A)(ii)(IX) and 42 U.S.C. 1396a(l)(2)(A)(i), and whose family resources do not exceed standards that the department determines reasonable for purposes of the program.
(8) Subject to appropriations, the department may cooperate with and make grants to a nonprofit corporation that uses donated funds to provide basic preventive and primary health care medical benefits to children whose families are ineligible for the Montana medicaid program and who are ineligible for any other health care coverage, are under 19 years of age, and are enrolled in school if of school age.
(9) A person described in subsection (7) must be provided continuous eligibility for medical assistance, as authorized in 42 U.S.C. 1396a(e)(5) through a(e)(7).
(10) The department may establish resource and income standards of eligibility for mental health services that are more liberal than the resource and income standards of eligibility for physical health services. The standards for eligibility for mental health services may provide for eligibility for households with family income that does not exceed 200% of the federal poverty threshold or that does not exceed a lesser amount determined in the discretion of the department. The department may by rule specify under what circumstances deductions for medical expenses should be used to reduce countable family income in determining eligibility. The department may also adopt rules establishing fees to be charged recipients for services. The fees may vary according to family income."
Section 49. Section 53-6-134, MCA, is amended to read:
"53-6-134. Extension of eligibility for medical assistance to persons terminated from aid to families with dependent
children FAIM financial assistance. (1) In accordance with section 1925 of Title XIX of the Social Security Act, 42
U.S.C. 1396r-6, the department of public health and human services shall provide for the extension of eligibility for
medical assistance to persons who lose eligibility for aid to families with dependent children because of:
(a) increased hours or income from employment; or
(b) loss of federally prescribed earned income disregards.
(2) In providing for the extension of eligibility for medical assistance under subsection (1) (2), the department may provide
for health insurance or other health coverage in accordance with subsections 1925(a)(4)(B) and 1925(b)(4)(C) of Title XIX
of the Social Security Act, 42 U.S.C. 1396r-6(a)(4)(B) and 42 U.S.C. 1396r-6(b)(4)(C), and may exercise the other options
contained in section 1925 of Title XIX of the Social Security Act, 42 U.S.C. 1396r-6, regarding the provision of medical
assistance.
(3)(2) If In accordance with waivers of federal law that are granted by the secretary of the U.S. department of health and
human services, the department of public health and human services may provide extended eligibility for medical
assistance for a period of time established by the department by rule for persons receiving aid to families with dependent
children FAIM financial assistance, as defined in 53-4-702, under the job supplement program, pathways, or community
services program components of the FAIM project described in 53-4-603 who lose eligibility because of increased income
from any source or because of exhausting time-limited earned income disregards, provided that the family's income does
not exceed a percentage of the federal poverty level established by the department by rule. The department, in exercising its
discretion to establish income standards and duration of extended medical assistance by rule, may consider the amount of
funds appropriated by the legislature for the FAIM project."
Section 50. Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].
Section 51. Repealer. Sections 39-7-601, 39-7-602, 39-7-603, 39-7-604, 39-7-605, 39-7-606, 53-4-249, 53-4-707, 53-4-708, 53-4-715, 53-4-716, 53-4-718, and 53-4-720, MCA, are repealed.
Section 52. Effective dates. (1) Except as provided in subsections (2) and (3), [this act] is effective on passage and approval.
(2) [Section 26] is effective July 1, 1997.
(3) [Section 27] is effective July 1, 1999.
Section 53. Termination. [Section 26] terminates June 30, 1999.
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