37.43.103    ELIGIBILITY BASED ON LIVING ARRANGEMENT

(1) In order for an individual to receive a state supplement, that individual must be a resident of one of the residential types of service facilities specified and defined in this rule.

(a) Personal care facilities defined by 50-5-101 (19) (e) , 50-5-225 and 50-5-226 , MCA, and licensed by the department of public health and human services in accordance with 50-5-227 , MCA, and ARM 16.32.380 through 16.32.388 and which for the purposes of this rule the department of public health and human services determines:

(i) provide personal care to five or more persons;

(ii) provide 24 hour on-duty personal care services that include all of the following:

(A) three nutritious meals daily served in a family setting or separate dining area;

(B) washing and drying of personal clothes and linens with such frequency as to provide for proper hygiene;

(C) protective oversight of residents meaning enhancement of their ability to live in and be integrated into the community and includes recreational activities, social activities, and assurance that individual needs are met;

(D) transportation to medical, social, therapeutic, church and other activities;

(E) preparation of special diets if required by the physician; and

(F) assistance with personal daily living activities as needed, e.g., eating, dressing, shaving, hair care, bathing, and getting in and out of bed.

(iii) provide to the department of public health and human services information and documentation as requested to implement the supplemental payment.

(b) Community homes for the developmental disabled, defined in Title 53, chapter 20, part 3, MCA, and licensed in accordance with ARM Title 37, chapter 100, subchapter 3 by the department of public health and human services.

(c) Group homes for the mentally disabled licensed by the department of public health and human services as rooming houses or retirement homes, having services approved by the Montana department of corrections, and serving only mentally disabled individuals identified by a mental health professional.

(d) Community homes for the severely disabled defined and licensed in accordance with Title 53, chapter 19, part 1, MCA.

(e) Foster care homes defined in Title 53, chapter 5, part 3, MCA, or Title 11, chapter 5, part 3, MCA, and licensed in accordance with ARM Title 37, chapter 100, subchapter 1, or ARM Title 37, chapter 97, subchapter 1, by the department of public health and human services.

(f) Transitional living services to developmentally disabled approved by the department of public health and human services as an intermediate step between the group home and independent living which promotes movement out of the group home. The program consists of clients living in congregate apartments with a staff person usually living at the complex for supervision or at least 24 hour on call availability of assistance. Staff is provided to train and supervise the clients to help them develop their skills to a higher level in such areas of daily living as cooking, shopping, and cleaning.

History: Sec. 52-1-103 and 52-1-104, MCA; IMP, Sec. 52-1-104, MCA; NEW, 1982 MAR p. 1281, Eff. 7/1/82; AMD, 1986 MAR p. 2014, Eff. 12/12/86; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; AMD, 1988 MAR p. 978, Eff. 5/27/88; TRANS, from DFS, 1997 MAR p. 2294.