1. (1) The area agency shall require each service provider under the area plan to:

   1. (a) give information about the cost of services to each older adult receiving services;
   2. (b) give each older adult an opportunity to contribute to part or all of the cost of the service;
   3. (c) inform each older adult they may decide whether and how much to contribute to the cost of the service;
   4. (d) protect the privacy and confidentiality of each older adult with respect to the contribution or non-contribution;
   5. (e) have appropriate procedures to safeguard and account for all contributions;
   6. (f) use all contributions to expand the services for which payment was given;
   7. (g) use all contributions for nutrition services to increase the number of meals served;
   8. (h) not consider assets, savings, or other property owned by an older adult in determining whether cost-sharing is permitted;
   9. (i) not deny any service for older adults based on their income or failure to make a cost-sharing payment when allowed, when funds are received under the Older Americans Act;
   10. (j) determine eligibility of older adults to cost-share solely based on a confidential declaration of income, without requiring verification; and
   11. (k) distribute written materials created by the department.
2. (2) The area agency may not allow any service provider to invoice for voluntary contributions.

Authorizing statute(s): 52-3-406, MCA

Implementing statute(s): 52-3-402, 52-3-404, MCA

History: NEW, 1980 MAR p. 1100, Eff. 3/28/80; READOPT, 1983 MAR p. 740, Eff. 7/1/83; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 2279; AMD, 2024 MAR p. 1884, Eff. 7/27/24.