Mont. Admin. R. 37.40.1012 - AGENCY-BASED AND SELF-DIRECTED COMMUNITY FIRST CHOICE SERVICES: TERMINATION FROM SERVICES
(1) Community First
Choice Services (CFCS) may be terminated for any of the following reasons:
(a) the member, or other persons in the
household, subjects the direct-care worker to physical or verbal abuse, sexual
harassment, exposure to the use of illegal substances, or to threats of
physical harm;
(b) the member
requests termination of services or refuses to accept help;
(c) the environment of the member is unsafe
for the provision of CFCS;
(d) the
member is engaging in illegal activity in the home;
(e) the member's physician requests
termination of services;
(f) the
member no longer has a medical need for CFCS;
(g) the member refuses the services of a
direct-care worker based solely or partly on the attendant's race, creed,
religion, sex, marital status, color, age, handicap, or national
origin;
(h) the member refuses to
accept services in compliance with the service plan;
(i) the member refuses to participate in the
functional assessment, recertification, and person-centered planning visits;
or
(j) the member falsifies the
service delivery record.
(2) The department may terminate or reduce
CFCS when funding for services is unavailable.
(3) The provider must give at least ten days
advance notice to a member when CFCS are terminated for reasons listed in
(1)(f) through (1)(j).
(4) The
provider may immediately, but temporarily, suspend services for the reasons
listed in (1)(a) through (1)(e). Following the temporary suspension of services
the provider may enter into an agreement with the member to ensure that the
violations of (1)(a) through (1)(e) do not reoccur. If the member fails to
abide by the terms of the agreement, services may be permanently
terminated.
(5) The department will
provide written notice to an applicant when CFCS are initially denied to the
applicant.
Notes
53-2-201, MCA IMP: 53-2-201, 53-6-113, MCA;
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