53-20-220. (Temporary) Department to establish pilot program -- use of allocated funds -- report required -- rulemaking. (1) The department shall establish a pilot program for individuals with developmental disabilities. The pilot program must be limited to those individuals in a community-based program for which the department receives medicaid funding pursuant to a waiver from the federal government under the provisions of section 1915(c) of the Social Security Act, 42 U.S.C. 1396n(c). The purpose of the pilot program is to test the feasibility of the receipt and use of medicaid funding not expended by the individuals for their basic health and safety services needs by individuals with developmental disabilities for services in addition to or to reinforce those necessary for basic health and safety.
     (2) As part of the pilot program, the department shall identify and allocate to each individual with a developmental disability, as defined in 53-20-102, chosen for the pilot program general fund money to be used for the care of the individual. The individual may choose to place up to one-half of the money not needed by the individual for basic health and safety services in an individual waiver account established by the department.
     (3) Money allocated in an individual waiver account may be used by the individual with a developmental disability for whom the account is established only for the purchase of one or more additional waiver services not needed for the basic health and safety of the individual or to reinforce basic health and safety services. Those additional or other services must be determined by the individual, the individual's case manager, and the individual's guardian, if a guardian has been appointed.
     (4) If the person with a developmental disability for whom an account is established dies or changes residency to another place outside of Montana, money remaining in the account is within the sole control of the department.
     (5) In establishing and conducting the pilot program, the department may determine conditions and operating features of the pilot program necessary for the success of the program. The pilot program may be used for no more than 50 persons with developmental disabilities, as selected by the department.
     (6) The department shall monitor the use of the individual waiver accounts and provide a report to the legislature on the feasibility and desirability of establishing accounts for other persons with developmental disabilities cared for in a community-based program. The report must be made to the legislature as provided in 5-11-210.
     (7) The department may adopt rules to implement this section. (Terminates January 1, 2011--sec. 4, Ch. 304, L. 2005.)

     History: En. Sec. 1, Ch. 304, L. 2005.