1. (1) A participant may request that the department deem the participant to have demonstrated community engagement during a month when the participant experiences a short-term hardship event.

2. (2) For the purposes of (1), a short-term hardship event includes the following:

   1. (a) the participant receives inpatient hospital services, nursing facility services, services in an intermediate care facility for individuals with intellectual disabilities, inpatient psychiatric hospital services, or other services of similar acuity as determined appropriate by the U.S. Secretary of Health and Human Services;

   2. (b) the participant resides in a county:

      1. (i) in which there exists an emergency or disaster declared by the President of the United States pursuant to the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act;
      2. (ii) that, subject to a request from the Montana Department of Public Health and Human Services to the U.S. Secretary of Health and Human Services, has an unemployment rate that is at or above the lesser of eight percent or one and one-half times the national unemployment rate; or
   3. (c) the participant, or the participant’s dependent, must travel outside of their community for an extended period of time to receive medical services necessary to treat a serious or complex medical condition as described in 42 U.S.C. 1396a(xx)(9)(A)(ii)(V)(ee) that are not available within their community of residence.

Authorizing statute(s): 53-2-215, 53-6-113, 53-6-1309, 53-6-1318, MCA

Implementing statute(s): 53-2-215, 53-6-101, 53-6-113, 53-6-1302, 53-6-1303, 53-6-1304, 53-6-1305, 53-6-1308, 53-6-1309, MCA

History: NEW, 2020 MAR p. 2438, Eff. 1/1/21; AMD, 2026 MAR, Notice No. 2026-514, Eff. 7/1/26.