1. (1) Self-directed Community First Choice Services (CFCS) providers must employ program oversight staff to perform the following self-directed oversight activities:

   1. (a) assist members to identify resources for personal assistants;
   2. (b) advise the member regarding program requirements;
   3. (c) complete compliance documentation and follow-up if the member does not comply with program requirements; and
   4. (d) provide documentation to ensure that the personal representative meets the participation criteria described in ARM 37.40.1008.
2. (2) Self-directed CFCS providers must maintain staff resources, including a program oversight staff and person-centered plan facilitator, to perform the necessary CFCS duties as referenced in ARM 37.40.1005. The program oversight staff and person-centered plan facilitator may be the same person.

3. (3) Self-directed program oversight staff must meet the following criteria:

   1. (a) have at least one year's experience in aging and disability services;
   2. (b) receive training in CFCS; and
   3. (c) be free of conflict-of-interest criteria as referenced in ARM 37.40.1016.

4. (4) Self-directed plan facilitators must meet the following criteria:

   1. (a) have at least one year's experience in aging and disability services;
   2. (b) receive certification in the person-centered planning process; and
   3. (c) be free of conflict-of-interest criteria as referenced in ARM 37.40.1016.
5. (5) The CFCS provider agency must provide documentation to verify program oversight staff and plan facilitator credentials, certification, and training.
6. (6) Self-directed CFCS provider agencies must act as the employer of record for direct-care workers for the purposes of payroll and federal hiring practices.
7. (7) A provider of services must ensure that the services adhere to the requirements of 42 C.F.R. § 441.530, which permits reimbursement with Medicaid monies only for services within settings that meet certain qualities set forth under the regulation.
8. (8) For the purpose of this subchapter, the department adopts and incorporates by reference 42 C.F.R. § 441.530, as amended January 16, 2014. A copy of this regulation may be obtained at https://www.ecfr.gov/ or by contacting the Department of Public Health and Human Service, Senior and Long-Term Care Division, P.O. Box 4210, Helena, MT 59604-4210.

Authorizing statute(s): 53-2-201, MCA

Implementing statute(s): 53-2-201, 53-6-113, MCA

History: NEW, 2014 MAR p. 3075, Eff. 12/25/14; AMD, 2024 MAR p. 332, Eff. 2/24/24; AMD, 2025 MAR, Notice No. 37-1065, Eff. 1/11/25.