(1) Section 1915(i) of the Social Security Act provides states the option to amend their Medicaid state plan to offer Home and Community-Based Services (HCBS) as a state plan benefit.

(2) The Montana Department of Public Health and Human Services has submitted a 1915(i) HCBS State Plan amendment to the Centers for Medicare and Medicaid Services (CMS) to establish a 1915(i) State Plan program of Medicaid funded home and community services for youth who have serious emotional disturbance.

(3) In accordance with the state and federal statutes and the rules generally governing the provision of services through a Medicaid-funded 1915(i) HCBS State Plan program and the federal-state agreements specifically governing the provision of the Medicaid-funded home and community-based services to be delivered through this program, and within the available funding appropriated for the program, the department may determine within its discretion the following features of the program:

(a) the types of services to be available;

(b) the amount, scope, and duration of the services;

(c) the reimbursement to be made for services;

(d) the categories of youth to be served; and

(e) individual eligibility.

(4) The 1915(i) home and community-based services state plan program for youth with serious emotional disturbance must be delivered in accordance with the requirements and limitations of the 1915(i) HCBS State Plan Program for Youth with Serious Emotional Disturbance Policy Manual dated July 1, 2013.

(5) The department adopts and incorporates by reference the 1915(i) HCBS State Plan Program for Youth with Serious Emotional Disturbance Policy Manual, dated July 1, 2013. A copy of the manual may be obtained from the Department of Public Health and Human Services, Developmental Services Division, Children's Mental Health Bureau, 111 Sanders, P.O. Box 4210, Helena, MT 59604 or at http://www.dphhs.mt.gov/mentalhealth/children/.