Montana § 53-6-413 Substantive Changes To Waiver Provisions -- Rulemaking Requirements -- Definition

Montana Statutes

§ 53-6-413 — Substantive Changes To Waiver Provisions -- Rulemaking Requirements -- Definition

Montana § 53-6-413

Title 53SOCIAL SERVICES AND INSTITUTIONS

Ch. 6HEALTH CARE SERVICES

Part 4Home and Community-Based Long-Term Care Medicaid Services

This text of Montana § 53-6-413 (Substantive Changes To Waiver Provisions -- Rulemaking Requirements -- Definition) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 53-6-413 (2026).

Text

53-6-413 . Substantive changes to waiver provisions -- rulemaking requirements -- definition.

(1)The department may not make a substantive change to the services offered under an approved waiver or to the eligibility requirements or process for waiver participants unless the department:

(a)adopts rules to implement the changes; and

(b)if necessary, submits a waiver amendment to the centers for medicare and medicaid services and receives approval for the change.

(2)(a) For the purposes of this section, "substantive change" means a change that:

(i)reduces, limits, or otherwise establishes caps on the amount or duration of a service; or

(ii)limits a person's ability to access waiver services.

(b)The term includes but is not limited to changes requiring:

(i)preauthorization before a se

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53-6-413 . Substantive changes to waiver provisions -- rulemaking requirements -- definition. (1) The department may not make a substantive change to the services offered under an approved waiver or to the eligibility requirements or process for waiver participants unless the department:
(a) adopts rules to implement the changes; and
(b) if necessary, submits a waiver amendment to the centers for medicare and medicaid services and receives approval for the change.
(2) (a) For the purposes of this section, "substantive change" means a change that:
(i) reduces, limits, or otherwise establishes caps on the amount or duration of a service; or
(ii) limits a person's ability to access waiver services.
(b) The term includes but is not limited to changes requiring:
(i) preauthorization before a service is provided;
(ii) preauthorization before an individual is placed on the waiting list for services; or
(iii) that services be used within a specific, shorter time period than previously allowed.