Terms Used In Montana Code > Title 7 > Chapter 3 > Part 1 - General Provisions

• Abuse: means any willful, negligent, or reckless mental, physical, sexual, or verbal mistreatment or maltreatment or misappropriation of personal property of any person receiving treatment in a mental health facility that insults the psychosocial, physical, or sexual integrity of any person receiving treatment in a mental health facility. See Montana Code 53-21-102
• Abuse: means conduct by a provider or other person involving disregard of and an unreasonable failure to conform with the statutes, regulations, and rules governing the medical assistance program when the disregard or failure results or may result in medical assistance payments to which the provider is not entitled. See Montana Code 53-6-1401
• Account: means an eligible participating account established under this chapter by or on behalf of an eligible individual. See Montana Code 53-25-103
• act: means the Montana Health and Economic Livelihood Partnership Act provided for in Title 39, chapter 12, and this part. See Montana Code 53-6-1303
• Administrative segregation: means a nonpunitive housing status for inmates whose continued presence in the general population may pose a serious threat to life, property, self, staff, other inmates, or the facility's security or orderly operation. See Montana Code 53-30-702
• Administrator: means the official, regardless of local title, who is ultimately responsible for the operation and management of a division, facility, or program. See Montana Code 53-30-702
• Adult: means an individual who is 18 years of age or older. See Montana Code 53-21-1401
• Agent: means one of the following persons acting on behalf of a designated beneficiary:

  (a)a person acting under a power of attorney; or

  (b)if no person holds a power of attorney, a parent or legal guardian of the designated beneficiary. See Montana Code 53-25-103

• Agent: means a person designated in a directive to make health care decisions for the principal granting power. See Montana Code 53-21-1302
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Annual contribution limit: means the limit established in section 529A(b)(2) of the Internal Revenue Code, 26 U. See Montana Code 53-25-103
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Application: means a form executed by or on behalf of a prospective designated beneficiary to enter into a participating trust agreement and open an account. See Montana Code 53-25-103
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Auditor: means an individual or an entity, its agents, subcontractors, and employees that have contracted with the department to perform overpayment audits with respect to the medicaid program. See Montana Code 53-6-1401
• Authority: means :

  (a)a municipal or regional airport authority as provided in Title 67, chapter 11;

  (b)a conservancy district as provided in Title 85, chapter 9;

  (c)a conservation district as provided in Title 76, chapter 15;

  (d)a drainage district as provided in Title 85, chapter 8;

  (e)an irrigation district as provided in Title 85, chapter 7;

  (f)a hospital district as provided in Title 7, chapter 34, part 21;

  (g)a water conservation and flood control district as provided in Title 76, chapter 5, part 11;

  (h)a county water and sewer district as provided in Title 7, chapter 13, part 22; or

  (i)an urban transportation district as provided in Title 7, chapter 14, part 2. See Montana Code 7-3-122

• Automated review: means a claim review that is made at the system level without a human being reviewing the medical record. See Montana Code 53-6-1401
• Available: means :

  (i)that services of an identified provider or providers have been found to be necessary and appropriate for the habilitation of a specific person by the person's individual treatment planning team;

  (ii)that funding for the services has been identified and committed for the person's immediate use; and

  (iii)that all providers have offered the necessary services for the person's immediate use. See Montana Code 53-20-102

• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Behavioral health inpatient facility: means a facility or a distinct part of a facility of 16 beds or less licensed by the department that is capable of providing secure, inpatient psychiatric services, including services to persons with mental illness and co-occurring chemical dependency. See Montana Code 53-21-102
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Blindness: means a visual disability in which:

  (i)a person's central visual acuity does not exceed 20/200 in the better eye with correcting lenses; or

  (ii)a person's visual field at the widest diameter subtends an angle no greater than 20 degrees. See Montana Code 53-7-301

• Block grant: means the federal community services block grant established under 42 U. See Montana Code 53-10-501
• Bribe: means anything of value or advantage, present or prospective, or any promise or undertaking to give anything of value or advantage, that is asked, given, or accepted with a corrupt intent to unlawfully influence the person to whom it is given in the person's action, vote, or opinion in any public or official capacity. See Montana Code 1-1-207
• Case manager: means a person who is responsible for service coordination, planning, and crisis intervention for persons who are eligible for community-based developmental disabilities services from the department of public health and human services. See Montana Code 53-20-102
• Census: means the number of residents occupying beds in a residential facility on a particular date. See Montana Code 53-20-102
• Center: means the intensive behavior center provided for in 53-20-602. See Montana Code 53-20-601
• Chambers: A judge's office.
• Claim: means a communication, whether in oral, written, electronic, magnetic, or other form, that is used to claim specific services or items as payable or reimbursable under the medicaid program. See Montana Code 53-6-1401
• Claimant: means any of the following claiming compensation under this part:

  (a)a victim;

  (b)a dependent of a deceased victim; or

  (c)an authorized person acting on behalf of any of them. See Montana Code 53-9-103

• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Collateral source: means a source of benefits, other than welfare benefits, or advantages for economic loss otherwise compensable under this part that the claimant has received or that is readily available to the claimant from:

  (a)the offender;

  (b)the government of the United States or any agency thereof, a state or any of its political subdivisions, or an instrumentality of two or more states, unless the law providing for the benefits or advantages makes them excess or secondary to benefits under this part;

  (c)social security, medicare, and medicaid;

  (d)workers' compensation;

  (e)wage continuation programs of any employer;

  (f)proceeds of a contract of insurance payable to the claimant for loss that was sustained because of the criminally injurious conduct;

  (g)a contract, including an insurance contract, providing hospital and other health care services or benefits for disability. See Montana Code 53-9-103

• Commitment: means an order by a court requiring an individual to receive treatment for a mental disorder. See Montana Code 53-21-102
• Committee: means the achieving a better life experience program oversight committee established in 53-25-105. See Montana Code 53-25-103
• Committee: means the committee on telecommunications access services for persons with disabilities established in 2-15-2212. See Montana Code 53-19-302
• Committee on committees: Committees formed in each party conference and responsible for nominating the party's Senators to committee membership and committee leadership positions. Nominations are subject to approval by the full party conference and to a formal vote of the Senate.
• Community corrections board: means a community corrections board as provided in 53-30-312. See Montana Code 53-30-303
• Community corrections facility or program: means a community-based or community-oriented facility or program, other than a jail, that:

  (a)is established by a local or tribal government and operated by a unit of local government, a tribal government, or a nongovernmental agency; and

  (b)provides programs and services to aid offenders in:

  (i)obtaining and holding regular employment;

  (ii)enrolling in and maintaining academic courses;

  (iii)participating in vocational training programs;

  (iv)utilizing the resources of the community to meet their personal and family needs;

  (v)obtaining the benefits of specialized treatment services that exist within the community; and

  (vi)paying restitution or performing community restitution to crime victims. See Montana Code 53-30-303

• Community engagement: means participation in the activities specified in 53-6-1308 as a means to improve a program participant's well-being and opportunities for self-sufficiency. See Montana Code 53-6-1303
• Community home for persons with severe disabilities: means a facility licensed by the department, as provided for in 52-4-201 through 52-4-205. See Montana Code 53-19-102
• Community mental health center: means a licensed mental health center that provides comprehensive public mental health services in a multicounty region under contract with the department, counties, or one or more service area authorities. See Montana Code 53-21-1001
• Community treatment plan: means a comprehensive, individualized plan of care that addresses the habilitation needs of and the risks posed by the behaviors of a respondent who is found to be seriously developmentally disabled. See Montana Code 53-20-102
• community-based services: means those facilities and services that are available for the evaluation, treatment, and habilitation of persons with developmental disabilities in a community setting. See Montana Code 53-20-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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

• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Contribution: means a payment to an account for the benefit of a designated beneficiary. See Montana Code 53-25-103
• Contributor: means a person who makes a contribution to an account for the benefit of a designated beneficiary. See Montana Code 53-25-103
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Corporation: means an entity organized and existing pursuant to Title 35, chapter 1 or 2, and approved or designated by a local governmental entity. See Montana Code 53-30-503
• Court: means any district court of the state of Montana. See Montana Code 53-21-102
• Court: means a district court of the state of Montana. See Montana Code 53-20-102
• Criminally injurious conduct: means conduct that:

  (a)occurs or is attempted in this state or an act of international terrorism, as defined in 18 U. See Montana Code 53-9-103

• Crisis: means a serious, unexpected situation resulting from an individual's apparent mental illness in which the individual's symptoms are of sufficient severity, as determined by a mental health practitioner, to require immediate care to avoid:

  (a)jeopardy to the life or health of the individual; or

  (b)death or bodily harm to the individual or to others. See Montana Code 53-21-1401

• Crisis stabilization: means development and implementation of a short-term intervention to respond to a crisis in order to:

  (a)reduce the severity of an individual's symptoms of mental illness; and

  (b)attempt to prevent the individual from receiving services in a more restrictive environment. See Montana Code 53-21-1401

• Customary: means according to usage. See Montana Code 1-1-206
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-21-102
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-25-103
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-6-1303
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-6-1401
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-7-301
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-10-501
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-18-101
• Department: means the department of public health and human services established in 2-15-2201. See Montana Code 53-19-102
• Department: means the department of revenue. See Montana Code 53-19-302
• Department: means the department of public health and human services. See Montana Code 53-20-202
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-20-601
• Department: means the department of corrections created in 2-15-2301. See Montana Code 53-30-303
• Department: means the department of corrections. See Montana Code 53-30-503
• Department: means the department of corrections provided for in 2-15-2301. See Montana Code 53-30-602
• Department: means the department of corrections provided for in 2-15-2301. See Montana Code 53-30-702
• Dependent: A person dependent for support upon another.
• Dependent: means a natural person who is recognized under the law of this state to be wholly or partially dependent upon the victim for care or support and includes a child of the victim conceived before the victim's death but born after the victim's death, including a child that is conceived as a result of the criminally injurious conduct. See Montana Code 53-9-103
• Designated beneficiary: means the eligible individual on whose behalf an account is established. See Montana Code 53-25-103
• 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
• Developmental disabilities facility: means any service or group of services offering care to persons with developmental disabilities on an inpatient, outpatient, residential, clinical, or other programmatic basis. See Montana Code 53-20-202
• Developmental disabilities professional: means a licensed psychologist, a licensed psychiatrist, or a person with a master's degree in psychology, who:

  (a)has training and experience in psychometric testing and evaluation;

  (b)has experience in the field of developmental disabilities; and

  (c)is certified, as provided in 53-20-106, by the department of public health and human services. See Montana Code 53-20-102

• Developmental disability: means a disability that:

  (a)is attributable to intellectual disability, cerebral palsy, epilepsy, autism, or any other neurologically disabling condition closely related to intellectual disability;

  (b)requires treatment similar to that required by intellectually disabled individuals;

  (c)originated before the individual attained age 18;

  (d)has continued or can be expected to continue indefinitely; and

  (e)results in the person having a substantial disability. See Montana Code 53-20-102

• Developmental disability: has the meaning provided in 53-20-102. See Montana Code 53-20-601
• Devise: To gift property by will.
• Directive: means a mental health care advance directive or any part of a mental health care advance directive. See Montana Code 53-21-1302
• Disability: means a permanent physical or mental condition recognized as a disability by Title VII of the federal Rehabilitation Act of 1973, 29 U. See Montana Code 53-19-102
• Disability: means a physical or mental impairment that substantially limits one or more of a person's major life activities, a person who has a record of such an impairment, or a person who is regarded as having such an impairment. See Montana Code 53-30-702
• Disability certifications: means disability certifications as defined in section 529A(e)(2) of the Internal Revenue Code, 26 U. See Montana Code 53-25-103
• Disciplinary detention: means a form of separation from the general population in which an inmate who has committed a serious violation of conduct regulations is confined to an individual cell by a disciplinary committee or other authorized group for short periods of time. See Montana Code 53-30-702
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Donor: The person who makes a gift.
• Eligible individual: means an eligible individual as defined in section 529A(e)(1) of the Internal Revenue Code, 26 U. See Montana Code 53-25-103
• Emergency situation: means :

  (a)a situation in which any person is in imminent danger of death or bodily harm from the activity of a person who appears to be suffering from a mental disorder and appears to require commitment; or

  (b)a situation in which any person who appears to be suffering from a mental disorder and appears to require commitment is substantially unable to provide for the person's own basic needs of food, clothing, shelter, health, or safety. See Montana Code 53-21-102

• End user connection: means a customer's connection to a service provider's network. See Montana Code 53-19-302
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Extrapolation: means the determination of an unknown value by projecting the results of a review of a sample to the universe from which the sample was drawn. See Montana Code 53-6-1401
• facility: means the state hospital, the Montana mental health nursing care center, or a hospital, a behavioral health inpatient facility, a mental health center, a residential treatment facility, or a residential treatment center licensed or certified by the department that provides treatment to children or adults with a mental disorder. See Montana Code 53-21-102
• facility: means :

  (a)the Montana developmental center; or

  (b)a private, community-based facility approved by the department of public health and human services as a facility able to meet the needs of individuals committed to a residential facility pursuant to this chapter or placed in a residential facility pursuant to Title 46, chapter 14. See Montana Code 53-20-102

• Facility: means a state prison as defined in 53-30-101(1), (2), and (4) or a correctional facility pursuant to 52-5-101. See Montana Code 53-30-702
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Female: means a member of the human species who, under normal development, has XX chromosomes and produces or would produce relatively large, relatively immobile gametes, or eggs, during her life cycle and has a reproductive and endocrine system oriented around the production of those gametes. See Montana Code 1-1-201
• Finance administrator: means the individual responsible for the financial administration of the local government and generally means the county or city treasurer or town clerk unless the alternative form or governing body specifies a different individual. See Montana Code 7-3-122
• Financial institution: means a bank, commercial bank, national bank, savings bank, savings and loan association, credit union, insurance company, trust company, investment adviser, or other similar entity that is authorized to do business in this state. See Montana Code 53-25-103
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Followup audit: means a followup overpayment audit of additional claims data or provider records or both for a particular service code reviewed in an initial overpayment audit after an initial audit has demonstrated a significant error rate with respect to the code to determine whether the provider has complied with applicable medicaid rules, regulations, policies, and agreements. See Montana Code 53-6-1401
• form: means one of the types of local government enumerated in 7-3-102 and the type of government described in 7-3-111. See Montana Code 7-3-122
• Fraud: Intentional deception resulting in injury to another.
• Fraud: means conduct or activity prohibited by statute, regulation, or rule involving purposeful or knowing conduct or omission to perform a duty that results in or may result in medicaid payments to which a provider is not entitled. See Montana Code 53-6-1401
• Friend of respondent: means any person willing and able to assist a person suffering from a mental disorder and requiring commitment or a person alleged to be suffering from a mental disorder and requiring commitment in dealing with legal proceedings, including consultation with legal counsel and others. See Montana Code 53-21-102
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing body: means the commission or the town meeting legislative body established in the alternative form of a local government under Title 7, chapter 3, parts 1 through 7. See Montana Code 7-3-122
• Grantor: The person who establishes a trust and places property into it.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Habilitation: means the process by which a person who has a developmental disability is assisted in acquiring and maintaining those life skills that enable the person to cope more effectively with personal needs and the demands of the environment and in raising the level of the person's physical, mental, and social efficiency. See Montana Code 53-20-102
• Health care provider: means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of business or practice of a profession. See Montana Code 53-21-1302
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• High-risk provider: means a provider who within the previous 6 years and 3 months:

  (a)has either admitted to medicaid fraud or abuse in a written agreement with a governmental agency or has been determined by a final order or judgment of a governmental agency or court to have committed medicaid fraud or abuse; or

  (b)has a documented history of a significant error rate that has been sustained over a period of at least 2 years and that multiple documented educational interventions have failed to correct. See Montana Code 53-6-1401

• Human resource development council: means a nonprofit public or private community organization serving low-income persons in a multicounty area that has the same boundaries as one or more substate planning districts established by executive order of the governor. See Montana Code 53-10-501
• Incapacitated: means that a person is determined by the supervising health care provider or a court to lack the ability to give or withhold consent for medical care. See Montana Code 53-21-1302
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Independent living: means control over one's life based upon a choice between acceptable options in a manner that minimizes reliance upon others for making decisions and conducting activities of daily living. See Montana Code 53-7-301
• Individual treatment planning team: means the interdisciplinary team of persons involved in and responsible for the habilitation of a resident. See Montana Code 53-20-102
• Initial audit: means an initial overpayment audit to examine claims data and provider records or both to determine whether the provider has complied with applicable medicaid rules, regulations, policies, and agreements. See Montana Code 53-6-1401
• Interlocal cooperation commission: means a commission established in accordance with Title 7, chapter 11, part 2. See Montana Code 53-30-503
• Investment products: means , without limitation, certificates of deposit, savings accounts paying fixed or variable interest, financial instruments, one or more mutual funds, and a mix of mutual funds. See Montana Code 53-25-103
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legal resident: means a person who maintains Montana as the person's principal establishment, home of record, or permanent home and where, whenever absent due to military obligation, the person intends to return. See Montana Code 53-20-202
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensed mental health center: means an entity licensed by the department of public health and human services to provide mental health services and has the same meaning as mental health center as defined in 50-5-101. See Montana Code 53-21-1001
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Live and function independently: means to have control over one's life based upon a choice between acceptable options in a manner that minimizes reliance upon others for making decisions and conducting activities of daily living. See Montana Code 53-19-102
• Local governmental entity: means :

  (a)a local governmental unit;

  (b)a multijurisdictional service district; or

  (c)an interlocal cooperation commission. See Montana Code 53-30-503

• Low vision: means a visual impairment that, even with correction, remains so severe as to make performance of daily tasks difficult. See Montana Code 53-7-301
• Maintenance: means money payments made in accordance with 53-7-310. See Montana Code 53-7-301
• Majority party: means the party with the most members in a house of the legislature, subject to subsection (2). See Montana Code 1-1-208
• Medicaid: means the Montana medical assistance program established under Title 53, chapter 6. See Montana Code 53-6-1401
• Member: means an individual enrolled in the Montana medicaid program pursuant to 53-6-131 or receiving medicaid-funded services pursuant to 53-6-1304. See Montana Code 53-6-1303
• Member of the family: means , with respect to a designated beneficiary, a member of the family of the designated beneficiary as defined in section 529A(e)(4) of the Internal Revenue Code, 26 U. See Montana Code 53-25-103
• mental disabilities board of visitors: means the mental disabilities board of visitors created by 2-15-211. See Montana Code 53-21-102
• mental disabilities board of visitors: means the mental disabilities board of visitors created by 2-15-211. See Montana Code 53-20-102
• Mental disorder: means any organic, mental, or emotional impairment that has substantial adverse effects on an individual's cognitive or volitional functions. See Montana Code 53-21-102
• Mental disorder: means exhibiting impaired emotional, cognitive, or behavioral functioning that interferes seriously with an individual's ability to function adequately except with supportive treatment or services. See Montana Code 53-30-702
• Mental health professional: means :

  (a)a certified professional person;

  (b)a physician licensed under Title 37, chapter 3;

  (c)a clinical professional counselor licensed under Title 37, chapter 39;

  (d)a psychologist licensed under Title 37, chapter 17;

  (e)a clinical social worker licensed under Title 37, chapter 39;

  (f)an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing;

  (g)a physician assistant licensed under Title 37, chapter 20, with a clinical specialty in psychiatric mental health; or

  (h)a marriage and family therapist licensed under Title 37, chapter 39. See Montana Code 53-21-102

• Military dependent: means a child of a military service member. See Montana Code 53-20-202
• Military service: means service in the armed forces or armed forces reserves or membership in the Montana national guard. See Montana Code 53-20-202
• Military service member: means a person who is currently in military service or who has separated from military service in the previous 18 months either through retirement or military separation. See Montana Code 53-20-202
• Minority party: means the party with the second most members in a house of the legislature, subject to subsection (2). See Montana Code 1-1-208
• Mobility-disabled: means the condition of a person with reduced function of the arms, legs, or hands making activities related to moving, turning, or pressing objects difficult or impossible. See Montana Code 53-19-302
• Multijurisdictional service district: means a district established in accordance with Title 7, chapter 11, part 10. See Montana Code 53-30-503
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• Neglect: means failure to provide for the biological and psychosocial needs of any person receiving treatment in a mental health facility, failure to report abuse, or failure to exercise supervisory responsibilities to protect patients from abuse and neglect. See Montana Code 53-21-102
• Next of kin: includes but is not limited to the spouse, parents, adult children, and adult brothers and sisters of a person. See Montana Code 53-21-102
• Next of kin: includes but is not limited to the spouse, parents, adult children, and adult brothers and sisters of a person. See Montana Code 53-20-102
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nongovernmental agency: means a person, private, nonprofit agency, corporation, association, labor organization, or other nongovernmental entity. See Montana Code 53-30-303
• Nonqualified withdrawal: means a withdrawal from the account that is not:

  (a)a qualified withdrawal;

  (b)a withdrawal made as the result of the death of the designated beneficiary of an account; or

  (c)a rollover distribution or a change of designated beneficiary described in 53-25-111. See Montana Code 53-25-103

• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Offender: means a person who has entered a plea of guilty or nolo contendere or has been convicted of a criminal offense. See Montana Code 53-30-303
• Office: means the office of victims services established in 2-15-2016. See Montana Code 53-9-103
• Overpayment audit: means a review or audit by the department or an auditor of claims data, medical claims, or other documents in which a purpose or potential result of the review or audit is an overpayment determination. See Montana Code 53-6-1401
• Overpayment determination: means a determination by the department or an auditor that forms the basis for or results in the department:

  (a)partially or completely reducing a medicaid payment to a provider for a claim;

  (b)demanding that the provider repay all or a part of a payment for a claim; or

  (c)using or applying any other method to recoup, recover, or collect from a provider all or part of a payment for a claim. See Montana Code 53-6-1401

• Oversight: Committee review of the activities of a Federal agency or program.
• participant: means an individual enrolled in the Montana Health and Economic Livelihood Partnership Act program established in Title 39, chapter 12, and this part. See Montana Code 53-6-1303
• Participating trust agreement: means an agreement between a designated beneficiary and the department or its designee that creates a trust interest in the trust and provides for participation in the program. See Montana Code 53-25-103
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Patient: means a person committed by the court for treatment for any period of time or who is voluntarily admitted for treatment for any period of time. See Montana Code 53-21-102
• Peace officer: means any sheriff, deputy sheriff, marshal, police officer, or other peace officer. See Montana Code 53-21-102
• Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
• Peer: means a health care provider who is employed by or under contract with the department or an auditor and who:

  (a)has substantially the same education and training, provides or has provided substantially the same range of health care services, and has the same license to practice as the provider who is the subject of an overpayment audit; or

  (b)is an expert in the medical, dental, mental health, behavioral health, or other health care provider decisionmaking that is at issue in the overpayment audit. See Montana Code 53-6-1401

• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Person with a disability: means the same as "individual with a disability" as defined in the federal Rehabilitation Act of 1973, 29 U. See Montana Code 53-7-301
• Person with a disability: means the condition of a person who is deaf and blind, deaf, hard-of-hearing, speech-disabled, or mobility-disabled. See Montana Code 53-19-302
• Personal property: All property that is not real property.
• Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
• Physical restoration: means any medical, surgical, or therapeutic treatment necessary to correct or substantially reduce an impediment to employment caused by blindness or low vision within a reasonable length of time, including but not limited to medical, psychiatric, dental, and surgical treatment, nursing services, hospital care, convalescent care, drugs, medical and surgical supplies, and prosthetic appliances. See Montana Code 53-7-301
• Plan of government: has the meaning provided in 7-1-4121. See Montana Code 7-3-122
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Postpartum: means the first 6 weeks after delivery. See Montana Code 53-30-702
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Prehearing confinement: means a short-term, nonpunitive housing status that is used to safely and securely control high-risk or at-risk inmates. See Montana Code 53-30-702
• Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. ^{Source: U.S. Courts}
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Presumptive eligibility: means a period of up to 72 hours after an individual is found to be in crisis and during which the individual is presumed to be eligible for crisis stabilization services that will be reimbursed by the department. See Montana Code 53-21-1401
• Principal: means a person who executes a directive, whether or not that directive designates an agent to make health care decisions. See Montana Code 53-21-1302
• Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
• Private correctional facility: means a correctional facility that is either privately operated or privately owned and operated. See Montana Code 53-30-602
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Professional person: means :

  (a)a medical doctor;

  (b)an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing;

  (c)a licensed psychologist;

  (d)a physician assistant licensed under Title 37, chapter 20, with a clinical specialty in psychiatric mental health; or

  (e)a person who has been certified, as provided for in 53-21-106, by the department. See Montana Code 53-21-102

• Program: means the Montana achieving a better life experience program provided for in this chapter and authorized under section 529A of the Internal Revenue Code, 26 U. See Montana Code 53-25-103
• Program: means the program established in 53-19-306. See Montana Code 53-19-302
• Program administrator: means the person appointed or contracted by the department to administer the daily operations of the program and provide marketing, recordkeeping, investment management, and other services for the program. See Montana Code 53-25-103
• Program manager: means a financial institution that acts on behalf of the trust as provided in 53-25-112. See Montana Code 53-25-103
• Property: means real and personal property. See Montana Code 1-1-205
• Protective custody: means a form of separation from the general population for an inmate who requests or requires protection from other inmates for reasons of health or safety. See Montana Code 53-30-702
• Provider: means an individual, company, partnership, corporation, institution, facility, or other entity or business association that has enrolled or applied to enroll as a provider of services or items under the medical assistance program established under this chapter. See Montana Code 53-6-1401
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Qualified disability expenses: means qualified disability expenses as defined in section 529A(e)(5) of the Internal Revenue Code, 26 U. See Montana Code 53-25-103
• Qualified intellectual disability professional: means a professional program staff person for the residential facility who the department of public health and human services determines meets the professional requirements necessary for federal certification of the facility. See Montana Code 53-20-102
• Qualified mental health professional: includes psychiatrists, psychologists, psychiatric social workers, licensed professional counselors, psychiatric nurses, or others who, by virtue of their education, credentials, and experience, are permitted by law to evaluate and care for the mental health needs of patients. See Montana Code 53-30-702
• Qualified withdrawal: means a withdrawal from an account to pay the qualified disability expenses of the designated beneficiary of the account. See Montana Code 53-25-103
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
• Reasonable medical certainty: means reasonable certainty as judged by the standards of a professional person. See Montana Code 53-21-102
• Recidivism: means a circumstance in which any sentence is imposed for a new felony or in which a judge or the board of pardons and parole determines that a person convicted of a felony has violated the person's terms of probation or parole within 5 years of the imposition of a sentence for a previous felony conviction. See Montana Code 1-1-207
• Records: means medical, professional, business, or financial information and documents, whether in written, electronic, magnetic, microfilm, or other form:

  (i)pertaining to the provision of treatment, care, services, or items to an individual receiving services under the medicaid program;

  (ii)pertaining to the income and expenses of the provider; or

  (iii)otherwise relating to or pertaining to a determination of eligibility for or entitlement to payment or reimbursement under the medicaid program. See Montana Code 53-6-1401

• Records administrator: means the individual responsible for keeping the public records of the local government and generally means the county, city, or town clerk unless the alternative form or governing body specifies a different individual. See Montana Code 7-3-122
• Recovery audit contractor: means a medicaid recovery audit contractor selected by the department to perform audits for the purpose of ensuring medicaid program integrity in accordance with 42 CFR, part 455. See Montana Code 53-6-1401
• Regional correctional facility: means a facility for the housing of persons charged with or convicted of a criminal offense that is a joint detention center and correctional facility and that is designed, constructed, or operated under this part by a local governmental entity, a corporation, the department, or any combination of a local governmental entity, a corporation, and the department. See Montana Code 53-30-503
• Rehabilitation engineering: means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of and address the barriers confronted by persons with blindness or low vision. See Montana Code 53-7-301
• Rehabilitation plan: means a plan, developed with the participation of the recipient, for providing services to assist a person with blindness or low vision to become independent and productive or employable. See Montana Code 53-7-301
• Rehabilitation training: means training provided to a person with blindness or low vision to overcome the person's impediment to employment, including but not limited to manual, preconditioning, prevocational, vocational, and supplementary training and training provided for the purpose of achieving broader or more remunerative skills and capacities. See Montana Code 53-7-301
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Resident: means a person committed to a residential facility. See Montana Code 53-20-102
• Residential facility screening team: means a team of persons, appointed as provided in 53-20-133, that is responsible for screening a respondent to determine if the commitment of the respondent to a residential facility or the imposition of a community treatment plan is appropriate. See Montana Code 53-20-102
• Respondent: means a person alleged in a petition filed pursuant to this part to be suffering from a mental disorder and requiring commitment. See Montana Code 53-21-102
• Respondent: means a person alleged in a petition filed pursuant to this part to be seriously developmentally disabled and for whom the petition requests commitment to a residential facility or imposition of a community treatment plan. See Montana Code 53-20-102
• Responsible person: means a person willing and able to assume responsibility for a person who is seriously developmentally disabled or alleged to be seriously developmentally disabled. See Montana Code 53-20-102
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Restrictive housing: means a placement that requires an inmate to be confined to a cell for at least 22 hours a day for the safe and secure operation of the facility. See Montana Code 53-30-702
• Rollover distribution: means a transfer of funds made:

  (a)from one account in another state's qualified program to an account for the benefit of the same designated beneficiary or an eligible individual who is a family member of the former designated beneficiary; or

  (b)from one account to another account for the benefit of an eligible individual who is a family member of the former designated beneficiary. See Montana Code 53-25-103

• Self-sufficiency trust: means a trust created by a nonprofit corporation that is a 501(c)(3) organization under the Internal Revenue Code, 26 U. See Montana Code 53-18-101
• Seriously developmentally disabled: means a person who:

  (a)has a developmental disability;

  (b)is impaired in cognitive functioning; and

  (c)cannot be safely and effectively habilitated through voluntary use of community-based services because of behaviors that pose an imminent risk of serious harm to self or others. See Montana Code 53-20-102

• Service area: means a region of the state as defined by the department by rule within which mental health services are administered. See Montana Code 53-21-1001
• Service area authority: means an entity, as provided for in 53-21-1006, that has incorporated to collaborate with the department for the planning and oversight of mental health services within a service area. See Montana Code 53-21-1001
• Service provider: means an entity that offers services to subscribers in Montana to allow two or more persons in different locations to communicate orally, without regard to the technology or medium the entity uses to provide the telecommunications service, and access to telecommunications relay service. See Montana Code 53-19-302
• services: means the services allowed under 53-21-1403. See Montana Code 53-21-1401
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Several: means two or more. See Montana Code 1-1-201
• Severe mental illness: means a substantial organic or psychiatric disorder of thought, mood, perception, orientation, or memory that significantly impairs judgment, behavior, or the ability to cope with the basic demands of life. See Montana Code 53-30-702
• Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
• shared-use path: means a multiuse path that is separated from motorized vehicular traffic by an open space, pavement markings, or a barrier within a highway right-of-way and that is usable for transportation purposes by pedestrians, runners, bicyclists, skaters, equestrians, and other nonmotorized users. See Montana Code 60-3-302
• Significant error rate: means previous billing errors greater than 5% of the total lines reviewed. See Montana Code 53-6-1401
• Specialized telecommunications equipment: means any telecommunications device that enables or assists a person with a disability to communicate with others by means of the public switched telephone network or internet protocol-enabled voice communications service. See Montana Code 53-19-302
• 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
• State hospital: means the Montana state hospital. See Montana Code 53-21-102
• state prison: means :

  (1)a state penal or correctional institution whose primary function is to provide for the custody, treatment, training, and rehabilitation of adult criminal offenders;

  (2)a state penal or correctional facility portion of a Montana regional correctional facility;

  (3)a detention center, a state penal facility, or a correctional facility in another jurisdiction detaining Montana inmates pursuant to 53-30-106;

  (4)a private correctional facility or penal facility licensed by the department of corrections or a private correctional facility or penal facility portion of a Montana regional correctional facility licensed by the department of corrections; or

  (5)a combination of the facilities listed in this section. See Montana Code 53-30-101

• Statute: A law passed by a legislature.
• Step-down program: means an individualized program that includes a system of review and establishes criteria to prepare an inmate for transition to the general population or the community and that involves a coordinated, multidisciplinary team approach that includes mental health, case management, and security practitioners. See Montana Code 53-30-702
• Subpoena: A command to a witness to appear and give testimony.
• Subscriber: means an end user who receives telecommunications network access from a service provider. See Montana Code 53-19-302
• Summons: Another word for subpoena used by the criminal justice system.
• Supervising health care provider: means the primary physician or, if there is no primary physician or the primary physician is not reasonably available, the health care provider who undertakes primary responsibility for a principal's health care. See Montana Code 53-21-1302
• Telecommunications: means the transmission, between or among points specified by the user, of information of the user's choosing without a change in the form or content of the information upon receipt. See Montana Code 53-19-302
• Telecommunications relay service: means a service that permits full and simultaneous communication between those using specialized telecommunications equipment and those using conventional telephone equipment or any other technology or equipment, including but not limited to personal computers and videophones. See Montana Code 53-19-302
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Tribal government: means a federally recognized Indian tribe within the state of Montana. See Montana Code 53-30-303
• Trust: means the achieving a better life experience savings trust as provided in 53-25-121. See Montana Code 53-25-103
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trust interest: means a designated beneficiary's interest in the trust created by a participating trust agreement and held for the benefit of the designated beneficiary. See Montana Code 53-25-103
• Trustee: A person or institution holding and administering property in trust.
• Trustee: means the department in its capacity as trustee of the trust. See Montana Code 53-25-103
• Unit of local government: means a county, city, town, or city-county consolidated government. See Montana Code 53-30-303
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Usage: means a reasonable and lawful public custom concerning transactions of the same nature as those which are to be affected thereby, existing at the place where the obligation is to be performed, and either known to the parties or so well established, general, and uniform that the parties must be presumed to have acted with reference thereto. See Montana Code 1-1-206
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• Usual: means according to usage. See Montana Code 1-1-206
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Victim: means :

  (a)a person who suffers bodily injury or death as a result of:

  (i)criminally injurious conduct;

  (ii)the person's good faith effort to prevent criminally injurious conduct; or

  (iii)the person's good faith effort to apprehend a person reasonably suspected of engaging in criminally injurious conduct; or

  (b)a minor child present in a home where domestic violence occurred. See Montana Code 53-9-103

• Vocational rehabilitation: means the provision of vocational rehabilitation services to a person with blindness or low vision to enable the person to the extent possible to become independent and productive or employable. See Montana Code 53-7-301
• Vocational rehabilitation services: means the following services: medical diagnosis, vocational guidance, vocational counseling, vocational placement, rehabilitation training, rehabilitation engineering, physical restoration, transportation, occupational licenses, customary occupational tools and equipment, maintenance, training books and materials, group facilities, family services, followup services, and any other goods and services provided for by rule and that the department determines to be necessary to rehabilitate the person. See Montana Code 53-7-301
• Writing: includes printing. See Montana Code 1-1-203