# Mont. Code Ann. § 53-6-401: 53-6-401 Definitions

> Montana · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C6_P4_S53-6-401

## Section

- **Citation:** Mont. Code Ann. § 53-6-401
- **Heading:** 53-6-401 Definitions
- **Jurisdiction:** Montana
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** MT Code / Title 53 / Chapter 6 / Part 4 / Section 53-6-401

## Text

53-6-401 . Definitions. As used in this part, the following definitions apply:

(1) "Department" means the department of public health and human services provided for in 2-15-2201 .

(2) "Home and community-based services" means, as provided for in section 1915 of Title XIX of the Social Security Act, 42 U.S.C. 1396n(c), and any regulations implementing that statute, long-term medical, habilitative, rehabilitative, and other services provided in personal residences or in community settings and funded by the department with medicaid money.

(3) "Level-of-care determination" means an assessment of a person and the resulting determination establishing whether long-term care facility services to be provided to the person are appropriate to meet the health care and related circumstances and needs of the person.

(4) "Long-term care facility" means a facility that is certified by the department, as provided in 53-6-106 , to provide skilled or intermediate nursing care services, including intermediate nursing care services for persons with developmental disabilities or, for the purposes of implementation of medicaid-funded programs of home and community-based services, that is recognized by the U.S. department of health and human services to be an institutional setting from which persons may be diverted through the receipt of home and community-based services.

(5) "Long-term care preadmission screening" means, in accordance with section 1919 of Title XIX of the Social Security Act, 42 U.S.C. 1396r, a process conducted according to a specific set of criteria for determining whether a person with intellectual disability or mental illness may be admitted to a long-term care facility.

(6) "Persons with disabilities or persons who are elderly" means, for purposes of establishing home and community-based services, those categories of persons who are elderly and disabled as defined in accordance with section 1915 of Title XIX of the Social Security Act, 42 U.S.C. 1396n.

## Nearby sections

- [Mont. Code Ann. § 53-6-401 53-6-401 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C6_P4_S53-6-401.md)
- [Mont. Code Ann. § 53-6-402 53-6-402 Medicaid-funded home and community-based services -- waivers -- funding limitations -- populations -- services -- providers -- long-term care preadmission screening -- powers and duties of department -- rulemaking authority](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C6_P4_S53-6-402.md)
- [Mont. Code Ann. § 53-6-403 53-6-403 Home and community-based services waivers -- legislative findings and intent](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C6_P4_S53-6-403.md)
- [Mont. Code Ann. § 53-6-404 53-6-404 Use of waiver funding](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C6_P4_S53-6-404.md)
- [Mont. Code Ann. § 53-6-405 53-6-405 Fraud prevention education -- department responsibilities](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C6_P4_S53-6-405.md)
- [Mont. Code Ann. § 53-6-407 53-6-407 Notification required before termination of waiver participation](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C6_P4_S53-6-407.md)
- [Mont. Code Ann. § 53-6-413 53-6-413 Substantive changes to waiver provisions -- rulemaking requirements -- definition](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C6_P4_S53-6-413.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C6_P4_S53-6-401. Check the current official text before relying on it. Not legal advice.