Montana Code 53-6-413. Substantive changes to waiver provisions — rulemaking requirements — definition
53-6-413. Substantive changes to waiver provisions — rulemaking requirements — definition. (1) The department may not make a substantive change to the services offered under an approved waiver or to the eligibility requirements or process for waiver participants unless the department:
Terms Used In Montana Code 53-6-413
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-6-401
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
(a)adopts rules to implement the changes; and
(b)if necessary, submits a waiver amendment to the centers for medicare and medicaid services and receives approval for the change.
(2)(a) For the purposes of this section, “substantive change” means a change that:
(i)reduces, limits, or otherwise establishes caps on the amount or duration of a service; or
(ii)limits a person‘s ability to access waiver services.
(b)The term includes but is not limited to changes requiring:
(i)preauthorization before a service is provided;
(ii)preauthorization before an individual is placed on the waiting list for services; or
(iii)that services be used within a specific, shorter time period than previously allowed.