1. (1) The United States department of health and human services (HHS) has granted the department, through 42 CFR 441.300 through 441.310, the authority to establish a program of medicaid funded home and community-based services for persons who are elderly or who have physical disabilities and who would otherwise have to reside in and receive medicaid reimbursed care in a hospital or nursing facility.

2. (2) The department, in accordance with state and federal statutes and rules governing the provision of medicaid funded home and community-based services and any federal-state agreements governing the provision of medicaid funded home and community-based services and within the available funding appropriated for the program, may determine within its discretion:

   1. (a) the types of services to be available through the program;
   2. (b) the amount, scope and duration of the services available through the program;
   3. (c) the categories of persons to be served through the program;
   4. (d) the total number of persons who may receive services through the program;
   5. (e) the total number of persons who may receive services through the program by category of eligibility, geographical area or specific case management team; and
   6. (f) eligibility of individual persons for the program.
3. (3) There is no entitlement to eligibility for the program.

Authorizing statute(s): Sec. 53-2-201, 53-6-101, 53-6-113 and 53-6-402, MCA

Implementing statute(s): Sec. 53-2-201, 53-6-101, 53-6-131, 53-6-141 and 53-6-402, MCA

History: NEW, 1983 MAR p. 863, Eff. 7/15/83; AMD, 1986 MAR p. 2094, Eff. 1/1/87; AMD, 1988 MAR p. 1268, Eff. 7/1/88; AMD, 1991 MAR p. 470, Eff. 12/14/90; TRANS & AMD, from SRS, 2000 MAR p. 2023, Eff. 7/28/00.