Montana Code 53-20-215. Regulatory streamlining
53-20-215. Regulatory streamlining. (1) The department‘s division responsible for administering the comprehensive developmental disability system shall work with providers of community developmental disability services to identify areas in which the department’s administrative rules, policies, or procedures related to the system:
Terms Used In Montana Code 53-20-215
- Comprehensive developmental disability system: means a system of services, including but not limited to the following basic services, with the intention of providing alternatives to institutionalization:
(a)evaluation services;
(b)diagnostic services;
(c)treatment services;
(d)day-care services;
(e)training services;
(f)education services;
(g)employment services;
(h)recreation services;
(i)personal-care services;
(j)domiciliary-care services;
(k)special living arrangements services;
(l)counseling services;
(m)information and referral services;
(n)follow-along services;
(o)protective and other social and sociolegal services, including case management services as defined in 42 C. See Montana Code 53-20-202
- Department: means the department of public health and human services. See Montana Code 53-20-202
- Developmental disabilities: means disabilities attributable to intellectual disability, cerebral palsy, epilepsy, autism, or any other neurologically disabling condition closely related to intellectual disability and requiring treatment similar to that required by intellectually disabled individuals if the disability originated before the person attained age 18, has continued or can be expected to continue indefinitely, and results in the person having a substantial disability. See Montana Code 53-20-202
- Oversight: Committee review of the activities of a Federal agency or program.
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)duplicate federal regulations;
(b)duplicate or contradict rules or policies established for the system by other department divisions;
(c)are applied inconsistently across the designated developmental disabilities regions or by department staff and contractors; or
(d)create the potential for waste of resources.
(2)Based on the areas identified pursuant to subsection (1), the department shall review the related administrative rules, policies, and procedures to:
(a)determine the ongoing reasonable necessity pursuant to 2-4-305;
(b)determine the costs and benefits to providers of community services and to the state of continuing each rule, policy, or procedure;
(c)eliminate rules, policies, or procedures that are determined to be not cost-effective;
(d)eliminate duplication in oversight and monitoring requirements; and
(e)create consistency in the application of a rule, policy, or procedure, if necessary.
(3)The department shall develop a written plan that:
(a)outlines the process and deadline for completing the initial review of the rules, policies, and procedures; and
(b)establishes a process and timeline for an ongoing review, in conjunction with providers, that will continue to identify and correct areas of duplication, inconsistency, or waste.
(4)The department shall:
(a)include other interested parties in the review required under this section; and
(b)complete the activities required under this section using existing resources.