Montana Code Annotated 2023



Part 4. Home and Community-Based Long-Term Care Medicaid Services


53-6-401. Definitions. As used in this part, the following definitions apply:

(1) "Department" means the department of public health and human services provided for in 2-15-2201.

(2) "Home and community-based services" means, as provided for in section 1915 of Title XIX of the Social Security Act, 42 U.S.C. 1396n(c), and any regulations implementing that statute, long-term medical, habilitative, rehabilitative, and other services provided in personal residences or in community settings and funded by the department with medicaid money.

(3) "Level-of-care determination" means an assessment of a person and the resulting determination establishing whether long-term care facility services to be provided to the person are appropriate to meet the health care and related circumstances and needs of the person.

(4) "Long-term care facility" means a facility that is certified by the department, as provided in 53-6-106, to provide skilled or intermediate nursing care services, including intermediate nursing care services for persons with developmental disabilities or, for the purposes of implementation of medicaid-funded programs of home and community-based services, that is recognized by the U.S. department of health and human services to be an institutional setting from which persons may be diverted through the receipt of home and community-based services.

(5) "Long-term care preadmission screening" means, in accordance with section 1919 of Title XIX of the Social Security Act, 42 U.S.C. 1396r, a process conducted according to a specific set of criteria for determining whether a person with intellectual disability or mental illness may be admitted to a long-term care facility.

(6) "Persons with disabilities or persons who are elderly" means, for purposes of establishing home and community-based services, those categories of persons who are elderly and disabled as defined in accordance with section 1915 of Title XIX of the Social Security Act, 42 U.S.C. 1396n.

History: En. Sec. 1, Ch. 516, L. 1983; amd. Sec. 6, Ch. 711, L. 1989; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 162, Ch. 418, L. 1995; amd. Sec. 458, Ch. 546, L. 1995; amd. Sec. 1, Ch. 72, L. 2005; amd. Sec. 2, Ch. 353, L. 2005; amd. Sec. 8, Ch. 68, L. 2013.