(1) The therapeutic portion of medically necessary therapeutic youth group home treatment is covered if the treatment is ordered by a licensed physician, licensed psychologist, masters level licensed clinical social worker (MSW) or a licensed professional counselor (LPC) , and prior-authorized by the department or its designee according to the provisions of ARM 37.88.101.

(a) The therapeutic portion of intensive level therapeutic youth group home treatment, as defined in ARM Title 37, chapters 37 and 97, is covered if provided by a therapeutic youth group home licensed by and contracted with the department to provide intensive level therapeutic youth group home services.

(b) The therapeutic portion of campus based therapeutic youth group home treatment, as defined in ARM Title 37, chapters 37 and 97, is covered if provided by a therapeutic youth group home licensed by and contracted with the department to provide campus based therapeutic youth group home services.

(c) The therapeutic portion of moderate level therapeutic youth group home treatment, as defined in ARM Title 37, chapters 37 and 97, is covered if provided by a therapeutic youth group home licensed by and contracted with the department to provide moderate level therapeutic youth group home services.

(d) Medicaid will not reimburse for room, board, maintenance or any other nontherapeutic component of youth group home treatment.

(e) If the therapeutic youth group home provider's facility is not located within the state of Montana, the provider must maintain a current license in the equivalent category under the laws of the state in which the facility is located.

(2) Medicaid reimbursement is not available for therapeutic youth group home services unless the provider submits to the department or its designee in accordance with these rules a complete and accurate certificate of need that certifies the necessary level of care for recipients who have a serious emotional disturbance (SED) as defined in ARM 37.86.3702. A child or adolescent must meet at least four of the following criteria for moderate or campus-based therapeutic group home services and five of the following criteria for intensive therapeutic group home services:

(a) Symptoms of the individual's emotional disturbance or mental illness are of a severe or persistent nature requiring more intensive treatment and clinical supervision than can be provided by outpatient mental health service.

(b) The beneficiary exhibits behaviors related to the covered diagnosis that result in significant risk for psychiatric hospitalization or placement in a more restrictive environment if therapeutic living care is not provided or the person is currently being treated or maintained in a more restrictive environment and requires a structured treatment environment in order to be successfully treated in a less restrictive setting.

(c) The prognosis for treatment of the individual's mental illness or emotional disturbance at a less restrictive level of care is very poor because the individual demonstrates three or more of the following due to the emotional disturbance or mental illness:

(i) significantly impaired interpersonal or social functioning;

(ii) significantly impaired educational or occupational functioning;

(iii) impairment of judgment; or

(iv) poor impulse control.

(d) As a result of the emotional disturbance or mental illness, the individual exhibits an inability to perform daily living activities in a developmentally appropriate manner.

(e) As a result of the emotional disturbance or mental illness, the beneficiary exhibits maladaptive or disruptive behavior that is developmentally inappropriate.

(3) The department hereby adopts and incorporates by reference the revised guidelines dated January 11, 2002 and providers of therapeutic youth group home services are required to abide by them. A copy of the revised guidelines may be obtained from the Department of Public Health and Human Services, Addictive and Mental Disorders Division, 555 Fuller, P.O. Box 202905, Helena, MT 59620-2905.

(4)  For recipients determined Medicaid eligible by the department as of the time of admission to the therapeutic youth group home, the certificate of need required under (2) must be:

(a)  completed, signed and dated prior to, but no more than 30 days before, admission; and

(b)  made by a team of health care professionals that has competence in diagnosis and treatment of mental illness, and that has knowledge of the recipient's situation, including the recipient's psychiatric condition. The team must include a physician that has competence in diagnosis and treatment of mental illness, preferably in child psychiatry, and must be a licensed mental health professional. The certificate of need must also be signed by an intensive case manager employed by a mental health center or other individual knowledgeable about local mental health services as designated by the department. No more than one member of the team of health care professionals may be professionally or financially associated with a therapeutic youth group home program.

(5)  For recipients determined Medicaid eligible by the department after admission to or discharge from the therapeutic youth group home, the certificate of need required under (2) is waived. A retrospective review to determine the medical necessity of the admission to the program and the treatment provided will be completed by the department or its designee at the request of the department, a provider, the individual or the individual's parent or guardian. Request for retrospective review must be:

(a)  received within 14 days after the eligibility determination for recipients determined eligible following admission, but before discharge from the therapeutic youth group home; or

(b)  received within 90 days after the eligibility determination for recipients determined eligible after discharge from the therapeutic youth group home.

(6)  All certificates of need required under (2) must actually and personally be signed by each team member, except that signature stamps may be used if the team member actually and personally initials the document over the signature stamp.