(1) Subject to the provisions of this rule, only the providers listed in this rule will be eligible to receive additional reimbursement for wage and benefit improvements for direct care workers. The additional reimbursement will be paid as an add-on to the computed Medicaid payment rate and must be used only for wage and benefit increases to direct care workers as that term is defined at ARM 37.37.101. Eligible providers are:

(a) mental health centers providing community based psychiatric rehabilitation services (CBPRS) ;

(b) therapeutic group homes;

(c) residential treatment centers; and

(d) therapeutic family care providers.

(2) To receive a direct care add-on, a provider must submit a request for funding to the Department of Public Health and Human Services, Health Resources Division, Children's Mental Health Bureau, 1400 Broadway, P.O. Box 202951, Helena, MT 59620-2951.

(3) For state fiscal year 2006, the department will allocate a total of $142,257.00 per month to fund the direct care add-on. The department will determine a maximum monthly payment for each qualified provider as a pro rata share of the allocated funds taking into account the census of direct care full-time equivalents (FTE) , based on a 40-hour week, employed on September 30, 2005 as identified by each qualified provider.

(4) Effective July 1, 2006, the department will evaluate the remaining appropriation and determine the maximum monthly payments as a pro rata share based on the 21-month period from October 1, 2005 through June 30, 2007, taking into account:

(a) the census of direct care worker full-time equivalents (FTE) , based on a 40-hour week, employed on September 30, 2005 as identified by each qualified provider;

(b) the ratio of Montana Medicaid youths served by the provider during the month of September 2005 to the total of youths served during the same period by the same provider;

(c) the total adjusted number of direct care worker FTEs employed on September 30, 2005 as reported by all qualified providers; and

(d) the individual provider's portion of the total adjusted direct care worker FTE wages on September 30, 2005.

(5) The direct care add-on amount will be paid in addition to the published Medicaid rate that is established for each service.

(6) No adjustments will be made in the payment amount to account for subsequent changes or adjustments in utilization data or for any other purpose, except that amounts paid are subject to recovery if the facility fails to maintain the required records or to spend the funds in the manner specified in the request for funding.

(7) To receive the separate per hour add-on, each provider must enter into a written agreement with the department and be in compliance with the agreement.

(8) A provider that is not qualified as of September 30, 2005 will not be eligible for a direct care worker add-on in the 21-month period from October 1, 2005 through June 30, 2007.