BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

 

In the matter of the amendment of ARM 37.47.101, 37.47.102, 37.47.106, 37.47.107, and 37.47.111 pertaining to adult protective services

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO: All Concerned Persons

 

            1. On January 31, 2019, at 11:00 a.m., the Department of Public Health and Human Services will hold a public hearing in Room 207 of the Department of Public Health and Human Services Building, 111 North Sanders, Helena, Montana, to consider the proposed amendment of the above-stated rules.

 

2. The Department of Public Health and Human Services will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Public Health and Human Services no later than 5:00 p.m. on January 22, 2019 to advise us of the nature of the accommodation that you need. Please contact Gwen Knight, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; telephone (406) 444-4094; fax (406) 444-9744; or e-mail [email protected].

 

3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

            37.47.101 ADULT PROTECTIVE SERVICES: PURPOSE (1) Adult protective services are services intended to reduce or remove the risk of physical or mental harm that has occurred or is occurring to a vulnerable adult, as a result of abuse, neglect, or exploitation prevent or remedy neglect, exploitation or abuse of aged persons or disabled adults who are unable to protect their own interests.

 

AUTH: 53-2-201, 52-3-205, 52-3-802, MCA

IMP: 53-5-205, 52-3-205, 52-3-804, MCA

 

            37.47.102 ADULT PROTECTIVE SERVICES: DEFINITIONS As used in this subchapter, the following definitions apply:

            (1) "Aged person" means a person 65 60 years of age or older.

            (2) (3)  "Disabled adult" means a person of 18 through 65 59 years of age who is defined as disabled pursuant to 53-19-102, MCA, or who is a person with developmental or intellectual disabilities, as defined in 53-20-102, MCA, or who is determined to be:

            (a)  determined to be disabled by the Social Security Administration;

            (b) determined fully disabled by the Veterans' Administration;

            (c) determined disabled by the department's Vocational Rehabilitation Division;

            (d)  adjudicated disabled by a court of competent jurisdiction; or

            (e) determined eligible for the medically needy program, as set forth in ARM 37.82.1107, because of disability; or

            (f) does not include the developmentally disabled as defined in intellectually disabled as determined by the department as defined by 53-20-102, MCA.

            (3) (5)  "Protective services" means services directed at preventing or remedying neglect, abuse, or exploitation of aged or disabled adults to reduce or remove the risk of physical or mental harm that has occurred or is occurring to a vulnerable adult, as a result of abuse, neglect, or exploitation.

            (4) (6)  "Voluntary services" means protective services requested or accepted by an aged person or disabled a vulnerable adult.

            (5) (4)  "Non-voluntary services" means protective services provided under court-ordered court order legal guardianship to a ward who is aged or disabled vulnerable adult.

            (6) remains the same but is renumbered (8).

            (7) "Vulnerable adult" means an "aged person" or "disabled adult."

            (7) remains the same but is renumbered (2).

 

AUTH: 53-2-201 52-3-205, 52-3-802, MCA

IMP: 53-5-205 52-3-205, 52-3-804, MCA

 

            37.47.106 ADULT PROTECTIVE SERVICES: AVAILABLE SERVICES

            (1) Voluntary services include, but are not limited to:

            (a) remains the same.

            (b) investigating referrals and diagnosing identifying problems to determine extent and type of services needed;

            (c) counseling assisting in locating behavioral health services for the individual and family;

            (d) arranging or facilitating assisting in locating appropriate alternative living arrangements or protective placements;

            (e) remains the same.

            (f) assisting in arrangement of medical health related services;

            (g) and (h) remain the same.

            (i) assisting in arranging services to preserve or enhance the current living arrangement, when desirable, in the best interest of the aged person or disabled vulnerable adult.

            (2) Non-voluntary services may include any voluntary service under (1) above, and any other services ordered by the court through guardianship proceedings.

 

AUTH: 53-2-201 52-3-205, 52-3-802, MCA

IMP: 53-5-205 52-3-205, 52-3-804, MCA

 

            37.47.107 ADULT PROTECTIVE SERVICES, ELIGIBILITY (1) Adult protective services will be provided when necessary without regard to income to any person who is aged or disabled vulnerable adult as defined in ARM 37.47.102.

 

AUTH: 53-2-201 52-3-205, 52-3-802, MCA

IMP: 53-5-203, 53-5-204, 53-5-205 52-3-205, 52-3-804, MCA

 

            37.47.111 ADULT PROTECTIVE SERVICES: OBTAINING SERVICES

            (1) The welfare department Adult Protective Services office of the county in which the applicant vulnerable adult resides or is found receives and will investigates requests for protective services.

            (2) Request for service is accepted from aged or disabled persons the vulnerable adult on their own behalf or from any relative or persons interested in the individual's welfare safety and wellbeing.

            (3) A request for service may be written, electronic, or oral, however, a written request on a form available from the county welfare department is preferred.

 

AUTH: 53-2-201 52-3-205, 52-3-802, MCA

IMP: 53-5-205 52-3-205, 52-3-804, MCA

 

 

            4. STATEMENT OF REASONABLE NECESSITY

 

            The Department of Public Health and Human Services (department) is proposing amendments to ARM 37.47.101, 37.47.102, 37.47.106, 37.47.107, and 37.47.111 to bring the rules current with Montana Code Annotated and current language used locally and nationally in the field of Adult Protective Services for continuity. Making these amendments to these rules will create consistency with Montana Code Annotated and in the terminology used nationally for National Adult Protective Services Association (NAPSA). After review with the various groups identified, these rules were not current with today's terminology.

 

ARM 37.47.101

 

The department is proposing to amend ARM 37.47.101 to change terminology, remove the phrase "prevent or remedy" to "reduce or remove" to better reflect the goals and mission of the department.

 

ARM 37.47.102

 

The department is proposing to amend ARM 37.47.102 to harmonize this rule with Montana Code Annotated by clarifying the segment of the population that can receive protective services by using the terminology of "vulnerable adult" to include all aged and disabled adults. The department is also alphabetizing the definitions in this rule.

 

ARM 37.47.106

 

The department is proposing to amend ARM 37.47.106 to change terminology to reflect what the department is able to do. The department does not diagnose individuals or families.

 

ARM 37.47.107

 

The department is proposing to amend ARM 37.47.107 to update terminology to be consistent with the other changes being made in this rulemaking.

 

ARM 37.47.111

 

The department is proposing to amend ARM 37.47.111 to change terminology and reflect current terms and clarify that Adult Protective Services is no longer a county function, but is administered by the state with local offices.

 

            5. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to:  Gwen Knight, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; fax (406) 444-9744; or e-mail [email protected], and must be received no later than 5:00 p.m., February 8, 2019.

 

6. The Office of Legal Affairs, Department of Public Health and Human Services, has been designated to preside over and conduct this hearing.

 

7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 5 above or may be made by completing a request form at any rules hearing held by the department.

 

8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

9. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rules will not significantly and directly impact small businesses.

 

 

/s/ Mark Prichard                                          /s/ Sheila Hogan                             

Mark Prichard                                               Sheila Hogan, Director

Rule Reviewer                                             Public Health and Human Services

 

 

Certified to the Secretary of State January 2, 2019.