53-10-201. Legislative findings, purpose, and intent. (1) The legislature finds that services provided by the department to persons who are living in a community setting outside of state institutions and who are persons with developmental disabilities, are mentally ill, or are elderly or very young are essential services and the essential nature of the services is not diminished because the services are provided by contracts. Because the services provided by contracts are many and are important to the well-being of Montana residents who can least care for themselves, the legislature finds that it is necessary to establish a system under which provider services, the costs of providers, and the reimbursement rates paid to providers are monitored on a regular basis to ensure that state funding is appropriately expended, that consumers' and taxpayers' expectations are attended to, and that the providers of the services are treated fairly.
     (2) The purpose of this part is to provide a regular, predictable, and equitable mechanism under which contracted services, costs, and reimbursement rates are given optimum attention by the department. The legislature does, however, retain its constitutional duty to enact or amend law concerning contracted services, make appropriations for contracted services through funding of department programs, and review department contracted service programs through the mechanism provided in this part. This part is not intended to restrict the legislature in making its appropriate policy and fiscal judgments concerning the value of department programs or services.
     (3) It is the intent of the legislature that to the greatest extent practicable, the commission should:
     (a) establish an open and defensible process for conducting its work;
     (b) create a set methodology or protocol through which provider reimbursement rates can be recommended for a service, service level, or population of service consumers served by a provider and the department;
     (c) recommend a list of reimbursable expenses for every service and service level based upon the expenses necessary to provide that service or service level and comply with the licensure, contracts, and administrative rules that govern that service or service level;
     (d) recommend rate equity among service levels within a group of services and between different groups of services; and
     (e) recommend the best and most cost-effective method of regulating and auditing provider services.

     History: En. Sec. 1, Ch. 520, L. 2005.