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69th Legislature 2025 SB 72.1
- 1 - Authorized Print Version – SB 72
1 SENATE BILL NO. 72
2 INTRODUCED BY M. YAKAWICH
3 BY REQUEST OF THE CHILDREN, FAMILIES, HEALTH AND HUMAN SERVICES INTERIM COMMITTEE
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT PROVIDING FOR PRESUMPTIVE ELIGIBILITY UNDER THE
6 MONTANA MEDICAID PROGRAM FOR CERTAIN HOME AND COMMUNITY-BASED SERVICES FOR
7 PERSONS WITH PHYSICAL DISABILITIES AND PERSONS WHO ARE ELDERLY; PROVIDING A
8 SCREENING PROCESS FOR PRESUMPTIVE ELIGIBILITY; AND STATING TERMS OF PRESUMPTIVE
9 ELIGIBILITY.”
10
11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
12
13 NEW SECTION. Section 1.
14 (1) (a) Presumptive eligibility under the Montana medicaid program for certain home and
15 community-based services may be granted to a person who has a physical disability or who is elderly upon
16 completion of the following:
17 (i) the screening process described in this section; and
18 (ii) authorization by the division of the department that administers long-term care services for
19 senior citizens and individuals with physical disabilities.
20 (b) Home and community-based services covered under the presumptive eligibility determination
21 as provided for in this section include the following:
22 (i) personal care services;
23 (ii) meal delivery;
24 (iii) personal emergency response systems;
25 (iv) medical equipment and supplies;
26 (v) assistive or adaptive technology; and
27 (vi) other services necessary to successfully transition a patient from a hospital to the community or
28 stabilize a patient within the community to prevent hospitalization. ****
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1 (2) (a) The screening process may be conducted by staff of:
2 (i) the division of the department that administers long-term care services for senior citizens and
3 individuals with physical disabilities; or
4 (ii) one of the following facilities who have received training and certification from the department
5 to make presumptive eligibility determinations:
6 (A) an area agency on aging or its designated subcontractor;
7 (B) a tribal entity;
8 (C) a hospital or hospital-affiliated facility; or
9 (D) another entity deemed appropriate by the department or the division of the department that
10 administers long-term care services for senior citizens and individuals with physical disabilities.
11 (b) Initial training of staff must be completed before an entity is certified to complete presumptive
12 eligibility determinations, and the certification must be renewed annually.
13 (3) The screening process must include:
14 (a) an application as prescribed by the department;
15 (b) self-attestation that the applicant meets the income, resource, and residency requirements of
16 the Montana medicaid program as prescribed in 53-6-131; and
17 (c) a functional assessment to establish an in-home and community care plan.
18 (4) The applicant or the applicant's representative shall submit an application for ongoing coverage
19 under the Montana medicaid program as provided in 53-6-131 within 10 calendar days following the applicant's
20 presumptive eligibility determination.
21 (5) The presumptive eligibility period begins on the date the screening is completed and ends on
22 the date a determination of ongoing Montana medicaid program eligibility is made or at the end of the month
23 following the month of the presumptive eligibility determination, whichever is earlier.
24 (6) A person may receive services under a presumptive eligibility determination only once within a
25 consecutive 12-month period.
26 (7) The applicant does not have a right to an administrative hearing on presumptive eligibility.
27
28 NEW SECTION. Section 2. The secretary of state shall send a ****
69th Legislature 2025 SB 72.1
- 3 - Authorized Print Version – SB 72
1 copy of [this act] to each federally recognized tribal government in Montana.
2
3 NEW SECTION. Section 3. [Section 1] is intended to be codified as an
4 integral part of Title 53, chapter 6, part 4, and the provisions of Title 53, chapter 6, part 4, apply to [section 1].
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