On Thursday, January 7, at 3:00 in room 152, the House Human Services Committee will hear HB 38 “Establish legislative intent for home and community-based services waivers.” Click here to read this bill. This bill would establish that it is the intent of the legislature that the Department shall review whether the services and equipment recommended by medical professionals will collectively, not individually, prevent an individual from requiring an institutional level of care. It would also direct the Department to approve each waiver service or item of medical equipment that will contribute to allowing a person to remain in a home or community setting even if the service or item on its own would not prevent an institutional level of care.

Why is this necessary? Roughly 6 years ago, the senior and long term care division of MT DPHHS began to require a much higher standard for a person to demonstrate that a service or piece of equipment alone would keep them out of an institutional setting. If they couldn’t prove that the individual service or piece of equipment alone didn’t keep them from an institution, it was denied. It is very difficult to prove that most individual services or pieces of equipment alone could keep someone from an institutional placement, even if they are necessary.

This was a substantial change that contradicted the technical guidance from the federal Center for Medicare and Medicaid Services. Up until 6 years ago, the Department had looked at the services and equipment as a whole to determine whether they diverted people from an institution. This bill would return the Department to using the prior, correct interpretation of the need for waiver services and equipment.

Please consider testifying in support of the bill. 

Members of the committee to contact:

Chair Dennis Lenz (R) - Dennis.Lenz@mtleg.gov

Vice Chair Lola Sheldon Galloway (R) - lola.sheldon-galloway@mtleg.gov

Vice Chair Jessica Karjala (D) - jessica.karjala@gmail.com

Kim Abbott (D) - kimabbottforlegislature@gmail.com

Alice Buckley (D) - aliceformontana@gmail.com

Ed Buttrey (R) - ed.buttrey@mtleg.gov

Jennifer Carlson (R) - Jennifer.Carlson@mtleg.gov

Mary Ann Dunwell (D) - maryann.dunwell@mtleg.gov

Gregory Frazer (R) - gregoryfrazer.hd78@gmail.com

Jane Gillette (R) - Jane.Gillette@mtleg.gov

Sharon Greef (R) - Sharon.greef@mtleg.gov

Ed Hill (R) - hillforhouse28@gmail.com

Caleb Hinkle (R) - calebformontana@outlook.com

Kathy Kelker (D) - Rep.Kathy.Kelker@mt.gov

Amy Regier (R) - Amy.Regier@mtleg.gov

Ed Stafman (D) - Edstafman@gmail.com

Mallerie Stromswold (R) - Malleriestromswold@gmail.com

Danny Tenenbaum (D) - drtenenbaum@gmail.com

Tom Welch (R) - tom.welch@mtleg.gov

"Advocating for justice is our individual and collective responsibility."

Executive Director,
Disability Rights Montana
Bernie Franks-Ongoy
406-449-2344

Advocate@DisabilityRightsMT.org