Mont. Admin. r. 37.34.980

Current through Register Vol. 23, December 6, 2024
Rule 37.34.980 - 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: SUPPORTED EMPLOYMENT, FOLLOW ALONG SUPPORT
(1) Follow along support consists of habilitation services and supports that enable a waiver recipient, who is paid at or above the state's minimum wage, to stabilize and maintain employment in a competitive, customized, or self-employment setting with a goal of earning not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals without disabilities.
(2) The waiver recipient may require follow along support when:
(a) the waiver recipient's job is in jeopardy; or
(b) a job promotion opportunity requires more complex, comprehensive, or intensive supports.
(3) Follow along support may be provided in an extended ongoing manner or intermittently as needed. Outcomes and actions needed for the waiver recipient to maintain employment must be identified in the plan of care.
(4) Follow along support may include:
(a) person-centered employment planning with or on behalf of the waiver recipient;
(b) development of skills that will make the waiver recipient employable for more hours or for additional duties;
(c) job promotion activities;
(d) observation and job support to enhance job task skills and monitoring at the work site to ascertain the success of the job placement;
(e) the provision of job coaches to accompany the waiver recipient for short-term job skill training at the work site to help maintain employment;
(f) regular contact and/or follow up with the employer, coworkers, employed waiver recipient, parents, legal representatives, and others as needed, in order to reinforce and stabilize job placement;
(g) facilitation of natural supports at the work site;
(h) individual program development, writing task analysis, monthly reviews, and behavioral intervention programs;
(i) advocating for the waiver recipient at the employment site for purposes directly related to employment, or with persons not directly affiliated with the employment site such as parents, bus drivers, case managers, school personnel, or landlords if the waiver recipient is hired and currently working;
(j) assistance with financial paperwork and management related to the waiver recipient's employment and/or Medicaid eligibility; and
(k) assistance with medication administration considered incidental to the follow along support.
(5) The following services are not reimbursable:
(a) transportation of a waiver recipient to and from the job site;
(b) any service that is available under the Rehabilitation Act of 1973. Documentation is required to ensure that service is not available or is no longer available under a program funded under section 110 of the Rehabilitation Act of 1973, the IDEA (20 U.S.C 1401 et seq.), or EPSDT;
(c) public relations activities;
(d) staff continuing education - in service meetings, department meetings, individual staff development;
(e) incentive payments made to an employer to subsidize the employer's participation in a supported employment program;
(f) payments that are passed through to the waiver recipient;
(g) payments for vocational training that is not directly related to a waiver recipient's supported employment program;
(h) any activities which are not directly related to the waiver recipient's career plan;
(i) services furnished to a minor waiver recipient by a parent(s), step-parent(s), or legal guardian; and
(j) services furnished to a waiver recipient by the waiver recipient's spouse.
(6) Behavioral intervention programs may be applied as a component of follow along support services when the plan is:
(a) specifically designed to be implemented in the employment setting by the follow along staff;
(b) when developed and approved according to ARM 37.34.1401 through 37.34.1422; and
(c) developed by the person who trains the follow along staff to utilize the interventions to reduce the challenging behaviors in the employment setting.
(7) Waiver recipients may utilize the following services: individual and small group employment support, co-worker support, and day supports and activities in conjunction with follow along support.
(8) A waiver recipient may be considered inappropriately placed if they are unable to sustain competitive, customized, or self-employment. Movement to a better-fit employment setting should be considered, and the waiver recipient may need to be referred or re-referred to vocational rehabilitation.
(9) Reimbursement for follow along support and vocational rehabilitation services will not be allowed concurrently for the same job placement.
(10) The department requires all other funding sources be utilized and a denial from other funding sources before this service is authorized for payment by the Developmental Disabilities Program.

Mont. Admin. r. 37.34.980

NEW, 1995 MAR p. 1136, Eff. 6/30/95; TRANS, from SRS, 1998 MAR p. 3124; AMD, 2014 MAR p. 220, Eff. 1/31/14; AMD, 2024 MAR p. 2067, Eff. 8/24/2024

AUTH: 53-6-113, 53-6-402, 53-20-204, MCA; IMP: 53-6-101, 53-6-402, 53-20-205, MCA