(1) Transportation services are those services which enable persons served in the waiver to gain access to waiver and other community services, activities, and resources.

(2) Transportation may be offered in addition to medical transportation required under 42 CFR 431.53 and transportation services under the state plan, defined at 42 CFR 440.170(a).

(3) Reimbursable transportation expenses may include assistance with reasonable costs related to one or more of the following areas, as determined by the Developmental Disabilities Program (DDP):

(a) operator training and licensure;

(b) insurance; and

(c) registration or other costs associated with a person's dependence on the use of a personal vehicle as outlined in the plan of care.

(4) The following are excluded from transportation services:

(a) adaptations or improvements to the vehicle that are of general utility, and are not of direct medical or remedial benefit to the person;

(b) purchase or lease of a vehicle;

(c) regularly scheduled upkeep and maintenance of a vehicle with the exception of upkeep and maintenance of any modifications; and

(d) escort services.

(5) For self-directed services, the financial management service (FMS) may only pay mileage reimbursement upon receiving documentation that transportation was provided in accordance with Montana state requirements for operating a motor vehicle.

(6) Mileage reimbursement through the FMS may be available to the owner of the vehicle when:

(a) transportation services to the person are for approved community functions;

(b) all the requirements for operating a motor vehicle that are required have been met; and

(c) the mileage reimbursement provision is approved in the plan of care.

(7) A person with employer authority using the FMS option may only be reimbursed for mileage.

(8) Transportation may be provided when required transportation services exceed the Montana state plan or are different from the services available in the Montana state plan.

(9) Legal representatives and other persons who are not employees of agencies with a Developmental Disabilities Program (DDP) contract may be reimbursed for the provision of rides at the mileage rate based on the operational expense of a motor vehicle but does not include:

(a) reimbursement for work performed;

(b) the driver's time; or

(c) transportation not directly related to the specific disability needs of a person, as outlined in the plan of care.

(10) A person providing transportation services must:

(a) be 18 years of age or older;

(b) have a valid motor vehicle license;

(c) maintain liability insurance; and

(d) have proof of vehicle registration.