Find & Ask › Montana › this rule
ARM 37.40.1121 — Agency-Based and Self-Directed Personal Assistance Services: Termination of Services
MontanaregulationMontana Department of Public Health and Human Services· effective 2014-12-25
What this rule requires your agency to do
- 1The provider may immediately but temporarily suspend services for reasons in (1)(a) through (1)(e) (abuse/harassment, member request/refusal, unsafe environment, illegal activity, physician request), and may then enter an agreement with the member to prevent recurrence; permanent termination is allowed if the member fails to abide by the agreement ((4)).(ARM 37.40.1121 — Agency-Based and Self-Directed Personal Assistance Services: Termination of Services)
- 2A person may request a fair hearing for any adverse determination, conducted per ARM 37.5.304 through 37.5.337 ((6)).(ARM 37.40.1121 — Agency-Based and Self-Directed Personal Assistance Services: Termination of Services)
- 3The provider must give at least ten days advance notice to a member when PAS are terminated for reasons listed in (1)(f) through (1)(j) (loss of medical need, discrimination-based refusal, refusal to comply with service plan, refusal to participate in assessments, or falsification of records) ((3)).(ARM 37.40.1121 — Agency-Based and Self-Directed Personal Assistance Services: Termination of Services)
Applies to: personal care
Lists the grounds on which Personal Assistance Services may be terminated (including abuse of the direct-care worker, unsafe environment, illegal activity, loss of medical need, and falsification of service records) and prescribes notice procedures. Requires at least ten days' advance notice for certain terminations, permits immediate temporary suspension for safety-related grounds, and preserves the member's right to a fair hearing. Framework topic: Service Termination / Member Rights & Notice.
Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.