Find & Ask Montana › this rule

ARM 37.40.1131 — Agency-Based Personal Assistance Services: Provider Compliance

MontanaregulationMontana Department of Public Health and Human Services (DPHHS), Senior and Long Term Care Division· effective 2014-12-25

What this rule requires your agency to do

  • 1The provider must meet all standards in ninety percent of the cases to be considered in compliance; failure triggers a second review and, if still not met, department sanctions under ARM 37.85.401 (37.40.1131(8)-(9)).(ARM 37.40.1131 — Agency-Based Personal Assistance Services: Provider Compliance)
  • 2The department reviews service-delivery areas including service authorization documentation, high-risk authorization, amendments/temporary authorization, service plan and member choice, service delivery, nurse supervision and oversight, and health/welfare and serious occurrence reports (37.40.1131(4)).(ARM 37.40.1131 — Agency-Based Personal Assistance Services: Provider Compliance)
  • 3The department reviews person-centered planning areas including plan facilitator certification documentation, member and facilitator rights/responsibility documentation, person-centered plan and member choice, and risk assessment and mitigation (37.40.1131(6)).(ARM 37.40.1131 — Agency-Based Personal Assistance Services: Provider Compliance)
  • 4PAS providers are subject to compliance reviews to assure the department that services are provided within program rules and policy (37.40.1131(1)).(ARM 37.40.1131 — Agency-Based Personal Assistance Services: Provider Compliance)
  • 5The provider must supply documentation requested by the department in a reasonable time frame and no later than 30 days following the request (37.40.1131(2)).(ARM 37.40.1131 — Agency-Based Personal Assistance Services: Provider Compliance)
  • 6The department reviews administrative areas including attendant training; staff credentials, certification, and training; principles of charting; serious occurrence reports; member satisfaction surveys; required documentation; agency manuals and handouts including complaint process; workers' compensation, liability, and automobile coverage; and service billing (37.40.1131(5)).(ARM 37.40.1131 — Agency-Based Personal Assistance Services: Provider Compliance)

Applies to: personal care

Subjects agency-based PAS providers to periodic department compliance reviews across service-delivery, administrative (including attendant training and staff credentials), and person-centered planning areas, with a 90% compliance standard and sanctions for failure.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.