1. (1) Environmental accessibility adaptations are modifications to a member's home, designed to maintain or improve the member's ability to remain at home.

2. (2) Environmental accessibility adaptation services may include:

   1. (a) modifications to a personal vehicle that allow the member to be more independent;
   2. (b) the installation of specialized electrical and plumbing systems to accommodate necessary medical equipment and supplies;
   3. (c) consultation regarding the appropriateness of an adaptation; and
   4. (d) facilitation of the ability of a caregiver or service provider to maintain a member at home.

3. (3) An environmental accessibility adaptation must:

   1. (a) be functionally necessary and relate specifically to the member's disability;
   2. (b) provide for the member's access to the home environment and increased independence and safety in the home;
   3. (c) be reasonably expected to promote the member's functional ability or the ability of the caregiver to maintain the member at home; and
   4. (d) be the most cost effective adaptation among the adaptations that are available to meet the member's needs; and
   5. (e) meet applicable requirements of the Americans with Disabilities Act, 42 U.S.C. 12101, et seq. and the 2010 ADA Standards for Accessible Design. The department adopts and incorporates by reference the 2010 ADA Standards for Accessible Design, which set forth minimum standards for newly designed and constructed or altered state and local government facilities and public accommodations used by individuals with disabilities. The standards may be obtained from the Department of Public Health and Human Services, Senior and Long Term Care Division, 1100 N. Last Chance Gulch, P.O. Box 4210, Helena, MT 59604-4210 or by visiting https://www.ada.gov/law-and-regs/design-standards/2010-stds/.
4. (4) All requests for environmental accessibility adaptations must include an estimate or bid from a licensed contractor. Environmental accessibility adaptations anticipated to exceed $5,000 in cost must include at least two estimates or bids from licensed contractors, unless prior authorization is received from the department.
5. (5) Environmental accessibility adaptations must be installed by a licensed contractor.

6. (6) Environmental accessibility adaptation services do not include:

   1. (a) general housing maintenance, including but not limited to plumbing, heating systems, or appliance repair; or
   2. (b) measures to facilitate leisure time activities.
7. (7) The department may require review and approval by a consultant for certain types of environmental accessibility adaptations.
8. (8) A member may receive any environmental accessibility adaptation only once unless the department specifically authorizes the repurchase of an adaptation.

Authorizing statute(s): 53-2-201, 53-6-101, 53-6-402, MCA

Implementing statute(s): 53-2-201, 53-6-101, 53-6-402, MCA

History: NEW, 1991 MAR p. 470, Eff. 12/14/90; TRANS & AMD, from SRS, 2000 MAR p. 2023, Eff. 7/28/00; AMD, 2025 MAR, 37-1086, Eff. 4/26/25.