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ARM 37.40.1111 — Agency-Based and Self-Directed Personal Assistance Services: Eligibility, Services Provided, and Limitations

MontanaregulationMontana Department of Public Health and Human Services· effective 2014-12-25

What this rule requires your agency to do

  • 1Instrumental activities of daily living may not exceed one-third of the total time allocated per two-week period, or a maximum of six hours per two-week period, whichever is less, and are authorized only when medical/functional need for ADL assistance is demonstrated ((3)).(ARM 37.40.1111 — Agency-Based and Self-Directed Personal Assistance Services: Eligibility, Services Provided, and Limitations)
  • 2PAS may not include skilled services requiring professional medical training unless permitted under 37-8-103, MCA, or ARM 24.159.1616 ((8)).(ARM 37.40.1111 — Agency-Based and Self-Directed Personal Assistance Services: Eligibility, Services Provided, and Limitations)
  • 3PAS provided by an immediate family member (spouse, or natural/adoptive/foster parent of a minor child) are not reimbursable ((10)).(ARM 37.40.1111 — Agency-Based and Self-Directed Personal Assistance Services: Eligibility, Services Provided, and Limitations)
  • 4PAS may not be provided in group home settings unless prior authorized by the department ((6)).(ARM 37.40.1111 — Agency-Based and Self-Directed Personal Assistance Services: Eligibility, Services Provided, and Limitations)
  • 5PAS, except for medical escort, shopping, and laundry, must be provided in the member's home ((5)).(ARM 37.40.1111 — Agency-Based and Self-Directed Personal Assistance Services: Eligibility, Services Provided, and Limitations)
  • 6To qualify for PAS a person must be Medicaid eligible and demonstrate a medical and functional need for assistance with activities of daily living ((1)(a)-(b)).(ARM 37.40.1111 — Agency-Based and Self-Directed Personal Assistance Services: Eligibility, Services Provided, and Limitations)
  • 7Medical escort services are authorized only when directly related to the member's medical/functional need en route to or at a Medicaid-reimbursable medical service, and only when a family member or caregiver is unable to accompany the member ((4)).(ARM 37.40.1111 — Agency-Based and Self-Directed Personal Assistance Services: Eligibility, Services Provided, and Limitations)
  • 8PAS must be delivered by a PAS personal care attendant employed by an enrolled Medicaid provider meeting department criteria under ARM 37.40.1126 and 37.40.1127 ((11)).(ARM 37.40.1111 — Agency-Based and Self-Directed Personal Assistance Services: Eligibility, Services Provided, and Limitations)

Applies to: personal care

Establishes eligibility criteria for Montana Medicaid Personal Assistance Services (PAS) and defines the scope and limitations of covered services, including activities of daily living, instrumental activities of daily living, and medical escort services. Sets caps on IADL time, restricts service locations, excludes household-maintenance and immediate-family-provided care, and requires services to be delivered by attendants of enrolled Medicaid providers. Framework topic: Scope of Services / Eligibility & Coverage.

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