Montana Code Annotated 2023



Part 13. Montana Health and Economic Livelihood Partnership (HELP) Act

Community Engagement -- Reporting -- Suspension -- Audit

53-6-1309. (Temporary) Community engagement -- reporting -- suspension -- audit. (1) The department shall adopt rules establishing:

(a) requirements for reporting community engagement requirements;

(b) requirements for obtaining an exemption from the community engagement requirements as allowed under 53-6-1308; and

(c) a program to audit information provided by program participants to the department to ensure compliance with the requirements of 53-6-1308.

(2) The department shall notify a program participant who is not in compliance with the community engagement requirements that:

(a) the participant has 180 days to come into compliance; and

(b) failure to comply within the 180-day period will be considered a voluntary suspension from the program unless the participant attests and the department confirms that the participant is exempt from the community engagement requirements as allowed under 53-6-1308.

(3) A participant who is suspended from the program for noncompliance may be reinstated 180 days after the date of suspension or upon a determination by the department that the program participant:

(a) is exempt from the community engagement requirements; or

(b) has been in compliance with the requirements for 30 days. A participant reinstated pursuant to this subsection (3)(b) must remain under heightened monitoring by the department during the remainder of the suspension period.

(4) (a) If suspensions for noncompliance with community engagement requirements reach a level exceeding 5% of program participants, the department shall notify the legislative audit committee. Upon consideration of recommendations by the legislative auditor, the legislative audit committee shall select an independent third-party auditor to conduct an audit of the participants who were subject to suspension using statistically valid methods.

(b) (i) The audit must be completed within 90 days and the report made available to the legislative audit committee.

(ii) If the audit is not completed within 90 days, the department shall immediately cease suspensions until the audit is complete and the legislative audit committee has received the audit report.

(c) If the audit finds that more than 10% of the participants in the audit sample were suspended erroneously, the department shall cease further suspensions until the conclusion of the next general legislative session.

(d) If the audit finds that 10% or fewer of the participants in the audit sample were suspended erroneously, the department shall continue to suspend the enrollment of program participants who fail to meet the community engagement requirements.

(e) The cost of any audit under this section performed at the direction of the legislative audit committee must be paid by the department. (Terminates June 30, 2025, on occurrence of contingency--sec. 48, Ch. 415, L. 2019.)

History: En. Sec. 2, Ch. 415, L. 2019.