Montana Department of Public Health and Human Services tribal update [electronic resource]

2004·0.3 MB·English

by  Montana.Dept. of Public Health and Human Services

4 – DPHHS Tribal Update Winter 2005

Legislation The bill would: DEPARTMENT OF PUBLIC HEALTH
(continued from page 3)
• Authorize preadmission screening of individuals needing & HUMAN SERVICES
separation on behalf of the ward. It also would require a district long-term care, as well as annual reviews of their status;
court to hold a hearing to determine whether the dissolution • Remove an inappropriate application of Medicaid state plan T
would be in the ward’s best interest. authority to home and community-based services; and RIBAL
Sponsor: Sen. Dan Harrington • Require home and community-based services to report the WINTER 2005

Status: Passed by Senate Health, Welfare & Safety Committee cost of care for individuals living in assisted living facilities.
Sponsor: Sen. Bob Keenan SPECIAL LEGISLATIVE ISSUE UPDATE
SB 113 Status: Passed second reading in Senate

Clarify county attorneys’ responsibility for guardianship. The Tribal Update is a quarterly
This bill would require county attorneys to petition for SB 137 publication of the Montana

guardianship of incapacitated individuals at the request of the License tattoo and body-piercing businesses. This bill would Department of Public Health and
department. allow the department and local boards of health to license and Human Services. It is distributed to
Sponsor: Sen. Dan Harrington regulate tattoo and body-piercing establishments. It would: leaders of all eight state and federally
Status: Tabled by Senate Health, Welfare & Safety Committee • Grant rulemaking authority regarding standards for recognized tribes, as well as other

sanitation and safety, licensing, and enforcement interested parties.

SB 119 procedures; DPHHS Takes 30 Bills to 2005 Session,
Alternative accessible formats of this
Revise child protective service laws. This bill would revise • Provide for injunctions, civil actions, prosecution, and civil
laws related to child protective services and adoption to comply and criminal penalties for violations of tattoo and body- newsletter will be provided upon Some Directly Impact Tribal Nations
request. For further information or
with federal regulations and an attorney general’s opinion. It piercing laws;
additional copies, contact Gayle
would clarify who may be appointed as a guardian ad litem, and • Provide for the denial and cancellation of licenses;
Shirley, DPHHS Public Information The Montana Department of Public Health and Human Services
it would authorize a foster care review committee or a citizen
review board to conduct a permanency hearing subject to • Provide for inspections and investigations by health Officer, at 406-444-2596 or has proposed 30 bills to the 2005 Legislature, which convened
authorities; and [email protected].
approval by a court. January 3 and will adjourn by April 25. Two—House Bill 80 and
• Create an account in the state special revenue fund for the
Sponsor: Sen. Trudi Schmidt Senate Bill 86—specifically impact the tribal nations.
department to use in administering the laws. This and previous issues are also
Status: Passed by Senate Health, Welfare & Safety Committee
Sponsor: Sen. Dave Lewis available online at dphhs.mt.gov.

Status: Rereferred to Senate Health, Welfare & Safety To find out the status of these or any bills, please visit the
SB 120
Committee 50 copies of this public document Legislature’s Web site at www.leg.mt.gov. The following bill
Make permanent a hospital tax on inpatient days. This bill were published at an estimated cost descriptions list their status as of January 31.
would revise and extend the utilization fee on hospital facilities SB 139 of 20 cents each, for a total cost of
for inpatient bed days. It clarifies that critical-access facilities are $10.00.
Review and modification of child support orders. This bill
included in the definition of “hospital.” HB 80
Sponsor: Sen. Bob Keenan would eliminate the requirement that the Child Support Allow the Child Support Enforcement Division to interact with tribal IV-D
Status: Passed Senate, sent to House Enforcement Division register Montana district court child programs. This bill would revise laws relating to the enforcement of child
support orders with the department before beginning the
MEET THE NEW support to clearly acknowledge the participation of tribal nations that have
administrative modification process. It also would:
SB 121 established their own child support agencies under Title IV-D of the federal
• Clarify the criteria for reviewing support orders in the DPHHS DIRECTOR Social Security Act. The bill does not require any tribe to establish its own child
Revise laws governing charges by the Montana State
absence of substantial changes of circumstances; support system. However, the bill would change the language of the law to
Hospital for care of individuals convicted of crimes. This bill
• Clarify the remedy if a party refuses to produce the Governor Brian ensure that any tribe that does have its own system would clearly be part of the
would allow the department to charge residents of Montana State
requested financial information; and Schweitzer has overall system, just like any other state.
Hospital and certain other institutions for care provided at those
institutions if the residents were sent to the institutions after • Eliminate a mandatory mediation session and certain appointed Dr. Sponsor: Rep. Margarett Campbell
being found not guilty of a criminal violation by reason of service of process requirements. Robert Wynia as Status: Passed House, sent to Senate
mental defect. Current state law requires the department to pay Sponsor: Sen. John Esp the new director
for care in such cases. Status: Passed Senate, sent to House of DPHHS. He SB 86
Sponsor: Sen. Bob Keenan previously worked Define terms for implementation of the federal Indian Child Welfare Act.
Status: Passed Senate, sent to House SB 150 as a senior This bill provides guidance to county attorneys and state district court judges as
Cost-sharing for community-based Medicaid services. This airman medical to the nature of testimony that may be offered by qualified expert witnesses
SB 127 bill would authorize the department to require recipients of examiner for the Federal Aviation under the Indian Child Welfare Act.
Administration. He also had a private
Medicaid home and community-based services. This bill community-based Medicaid services to share in the cost of those
internal medicine practice in Great
would facilitate the implementation of certain recommendations services based on their ability to pay. Qualified expert witnesses are called upon to testify to the emotional and
Falls. He graduated from the University
of the Montana Public Health Advisory Council regarding home Sponsor: Sen. Bob Keenan physical impact that placement of a child might have, taking into account tribal
of Washington medical school and is
and community-based services funded through Medicaid. Status: Passed Senate, sent to House culture and values.
past president of the Montana Medical

Association.
The bill also allows DPHHS to share confidential information with qualified

Montana Department of Public Health & Human Services expert witnesses, and it defines the terms “Indian child,” “Indian tribe,” and
He replaces Gail Gray, who has retired
P.O. Box 4210, Helena, MT 59604 “Indian custodian” so that they are consistent with the definitions in the Indian
from state government.
www.dphhs.mt.gov
(continued on next page)
2 – DPHHS Tribal Update Winter 2005 Winter 2005 DPHHS Tribal Update – 3

L egislation HB 196 program or service rather than sacrificing the quality of revenue account to the prevention and stabilization account.
(continued from page 1)
Power of attorney fiduciary notice. This bill would spell out care for several programs or services by diluting funding. Sponsor: Sen. John Cobb
the fiduciary responsibility of an agent to a principal in the • Give priority to retaining services that protect life, Status: Rereferred to Senate Health, Welfare & Safety
Child Welfare Act. statutory form used to create power of attorney. alleviate severe pain, and prevent significant disability. Committee
S ponsor: Sen. Frank Smith Sponsor: Rep. Joey Jayne Sponsor: Sen. Bob Keenan
S tatus: Passed Senate, sent to House Status: Passed House, sent to Senate S tatus: Rereferred to Senate Finance & Claims Committee SB 82

Revise definition of “intermediate care facility” for

HB 32 HB 197 SB 42 purposes of the utilization fee on resident bed days. The
Revise vital statistics statutes. This bill would eliminate Increase elder abuse penalties. This bill would amend the C larify system of care and service area authority for bill would revise the definition of “intermediate care facility”
conflicts in vital records statutes. It would eliminate the Montana Elder and Persons with Developmental Disabilities children’s mental health. This bill would clarify and to include facilities for the mentally retarded that are in

requirement that local registrars retain certificate copies if Abuse Prevention Act, making it a felony to purposely or reconcile the duties of the Children’s System of Care Planning compliance with the federal standards for Medicaid
certificates are filed electronically, and it would allow a new knowingly abuse, sexually abuse, or neglect an older person or Committee and a Service Area Authority Board for the participation. The law currently covers licensed intermediate
birth certificate to be issued for a foreign person adopted in a person with a developmental disability. It would also make it development of policies, plans, and budgets for the delivery of care facilities for the developmentally disabled. The bill would
Montana regardless of citizenship. a misdemeanor for a first offense of negligently abusing or mental health services to children. also increase the utilization fee from 5 to 6 percent.
Sponsor: Rep. Jill Cohenour neglecting such a person. Sponsor: Sen. Bob Keenan Sponsor: Sen. John Cobb
Status: Passed House, sent to Senate Sponsor: Rep. Joey Jayne Status: Passed Senate, sent to House Status: Passed Senate, sent to House
Status: Pending action in House Judiciary Committee

SB 49 SB 94
HB 88
HB 216 Revise confidentiality laws as they relate to child Revise service of process in child protective service cases.
Eliminate requirement for universal application form for
Revise laws concerning child support. This bill would protective services. This bill would waive the confidentiality This bill would amend the requirements for service of process
children’s health programs. This bill would repeal a law
revise the laws regarding the child support enforcement rights of a person responsible for a child’s welfare if that under laws relating to child abuse and neglect cases. It would
requiring the department to use a universal application form
program to improve efficiency and effectiveness. It would: person makes public statements regarding any child abuse or allow county attorneys’ offices more flexibility in the method
and process to determine eligibility for children to receive
• Clarify access by the department to a party’s financial and neglect action involving the child. It would allow the they choose to serve some petitions.
certain health insurance, including that provided under the
employment records; department to respond to public statements with fact-specific Sponsor: Sen. Brent Cromley
Children’s Health Insurance Plan (CHIP), as well as certain
other medical assistance or benefits. • Allow the department to establish a medical support order information regarding the case. Status: Passed Senate, sent to House
Sponsor: Sen. Dan McGee
Sponsor: Rep. Mary Caferro independent of a child support order;
Status: Killed by Senate SB 101
Status: Passed House, sent to Senate • Extend the life of a warrant for distraint from 90 to 120
Require registration of youth residential therapeutic
days;
SB 52 programs. This bill would define “residential therapeutic
HB 117 • Allow an agreement for service by electronic means of an Preadmission screening authority for the Montana State schools or programs” and provide for their registration. It also
order requiring enrollment;
Provide flexibility in establishing asset transfer look-back Hospital. This bill would require prior authorization for would provide for the calculation of school funding and tuition
and penalty periods in determining eligibility for • Provide priority for withholding child support and emergency detention at the Montana State Hospital for adults and transportation rates for students of residential therapeutic
Medicaid. This bill would give the director of the department medical support; and with serious mental illnesses. It would also provide for the schools or programs, and it would require the department to
discretion to seek waivers of federal law concerning • Allow attachment of crime victims compensation for the development of local plans to prevent inappropriate develop and present recommendations on licensure to the
ineligibility for Medicaid long-term care in situations where payment or maintenance of child support. admissions to the state hospital. 2007 Legislature.
an applicant or recipient or his/her spouse disposes of assets Sponsor: Rep. Mary Caferro Sponsor: Sen. Bob Keenan Sponsor: Sen. Trudi Schmidt
for less than fair market value in order to qualify for benefits. Status: Passed House, sent to Senate Status: Pending action in Senate Health, Welfare & Safety Status: Pending action in Senate Health, Welfare & Safety
Sponsor: Rep. Tom McGillvray Committee Committee
Status: Pending action in House Human Services Committee SB 33
Eliminate unified budget requirement for Interagency SB 60 SB 110

HB 127 Coordinating Council. This bill would delete a statutory Revise limitation on critical-access hospital beds. This bill Medicaid HIFA and 1115 demonstration waiver authority.
requirement that the Interagency Coordinating Council for would allow the department to adopt by administrative rule the This bill would implement certain recommendations of the
Revise definition of “seriously developmentally disabled.”
State Prevention Programs prepare and present a unified number of beds that a critical-access hospital may have, not to Montana Public Health Advisory Council to provide for
This bill would amend the legal definition of “seriously
budget to the Legislature. exceed the number allowed by federal law. It also would improved coverage of the health care and related needs of
developmentally disabled” for the purposes of civil
Sponsor: Sen. John Cobb eliminate the limit on the number of acute-care inpatient beds particular groups of individuals. It would authorize Health
commitment. It would remove the criterion of near total care.
Status: Passed Senate, sent to House that a critical-access hospital may have. Insurance Flexibility and Accountability (HIFA)
Sponsor: Rep. Scott Mendenhall
Sponsor: Sen. John Esp demonstration initiatives and other demonstration projects if
Status: Passed House, sent to Senate
SB 41 Status: Passed Senate, referred to House Human Services and when specific federal Medicaid laws are waived.

Medicaid funding principles. This bill would require the Committee Sponsor: Sen. John Cobb

HB 183 department and the Legislature to consider the following Status: Passed by Senate Health, Welfare & Safety
Medicaid waiver proposal affecting seriously emotionally funding principles when considering changes in Medicaid SB 71 Committee
disturbed children. This bill would allow the department to policy or reduction in services: Extend use of tobacco settlement money for health and
seek a federal Home and Community-based Services Waiver human services. This bill would permanently put into law SB 112
of the Medicaid state plan to increase flexibility in providing • Protect those persons who are most vulnerable and most temporary provisions enacted by the 58th Montana Legislature Revise guardianship law. This bill would authorize a full
services for seriously emotionally disturbed children. in need, as defined by a combination of economic security to allow the use of tobacco settlement money to fund health guardian to petition for a dissolution of marriage or legal
Sponsor: Rep. Eve Franklin and medical circumstances.
and human services programs administered by the department.
Status: Passed by House Human Services Committee • Give preference to the elimination of an entire Medicaid It would require an ongoing transfer from a state special (continued on next page)
2 – DPHHS Tribal Update Winter 2005 Winter 2005 DPHHS Tribal Update – 3

L egislation HB 196 program or service rather than sacrificing the quality of revenue account to the prevention and stabilization account.
(continued from page 1)
Power of attorney fiduciary notice. This bill would spell out care for several programs or services by diluting funding. Sponsor: Sen. John Cobb
the fiduciary responsibility of an agent to a principal in the • Give priority to retaining services that protect life, Status: Rereferred to Senate Health, Welfare & Safety
Child Welfare Act. statutory form used to create power of attorney. alleviate severe pain, and prevent significant disability. Committee
S ponsor: Sen. Frank Smith Sponsor: Rep. Joey Jayne Sponsor: Sen. Bob Keenan
S tatus: Passed Senate, sent to House Status: Passed House, sent to Senate S tatus: Rereferred to Senate Finance & Claims Committee SB 82

Revise definition of “intermediate care facility” for

HB 32 HB 197 SB 42 purposes of the utilization fee on resident bed days. The
Revise vital statistics statutes. This bill would eliminate Increase elder abuse penalties. This bill would amend the C larify system of care and service area authority for bill would revise the definition of “intermediate care facility”
conflicts in vital records statutes. It would eliminate the Montana Elder and Persons with Developmental Disabilities children’s mental health. This bill would clarify and to include facilities for the mentally retarded that are in

requirement that local registrars retain certificate copies if Abuse Prevention Act, making it a felony to purposely or reconcile the duties of the Children’s System of Care Planning compliance with the federal standards for Medicaid
certificates are filed electronically, and it would allow a new knowingly abuse, sexually abuse, or neglect an older person or Committee and a Service Area Authority Board for the participation. The law currently covers licensed intermediate
birth certificate to be issued for a foreign person adopted in a person with a developmental disability. It would also make it development of policies, plans, and budgets for the delivery of care facilities for the developmentally disabled. The bill would
Montana regardless of citizenship. a misdemeanor for a first offense of negligently abusing or mental health services to children. also increase the utilization fee from 5 to 6 percent.
Sponsor: Rep. Jill Cohenour neglecting such a person. Sponsor: Sen. Bob Keenan Sponsor: Sen. John Cobb
Status: Passed House, sent to Senate Sponsor: Rep. Joey Jayne Status: Passed Senate, sent to House Status: Passed Senate, sent to House
Status: Pending action in House Judiciary Committee

SB 49 SB 94
HB 88
HB 216 Revise confidentiality laws as they relate to child Revise service of process in child protective service cases.
Eliminate requirement for universal application form for
Revise laws concerning child support. This bill would protective services. This bill would waive the confidentiality This bill would amend the requirements for service of process
children’s health programs. This bill would repeal a law
revise the laws regarding the child support enforcement rights of a person responsible for a child’s welfare if that under laws relating to child abuse and neglect cases. It would
requiring the department to use a universal application form
program to improve efficiency and effectiveness. It would: person makes public statements regarding any child abuse or allow county attorneys’ offices more flexibility in the method
and process to determine eligibility for children to receive
• Clarify access by the department to a party’s financial and neglect action involving the child. It would allow the they choose to serve some petitions.
certain health insurance, including that provided under the
employment records; department to respond to public statements with fact-specific Sponsor: Sen. Brent Cromley
Children’s Health Insurance Plan (CHIP), as well as certain
other medical assistance or benefits. • Allow the department to establish a medical support order information regarding the case. Status: Passed Senate, sent to House
Sponsor: Sen. Dan McGee
Sponsor: Rep. Mary Caferro independent of a child support order;
Status: Killed by Senate SB 101
Status: Passed House, sent to Senate • Extend the life of a warrant for distraint from 90 to 120
Require registration of youth residential therapeutic
days;
SB 52 programs. This bill would define “residential therapeutic
HB 117 • Allow an agreement for service by electronic means of an Preadmission screening authority for the Montana State schools or programs” and provide for their registration. It also
order requiring enrollment;
Provide flexibility in establishing asset transfer look-back Hospital. This bill would require prior authorization for would provide for the calculation of school funding and tuition
and penalty periods in determining eligibility for • Provide priority for withholding child support and emergency detention at the Montana State Hospital for adults and transportation rates for students of residential therapeutic
Medicaid. This bill would give the director of the department medical support; and with serious mental illnesses. It would also provide for the schools or programs, and it would require the department to
discretion to seek waivers of federal law concerning • Allow attachment of crime victims compensation for the development of local plans to prevent inappropriate develop and present recommendations on licensure to the
ineligibility for Medicaid long-term care in situations where payment or maintenance of child support. admissions to the state hospital. 2007 Legislature.
an applicant or recipient or his/her spouse disposes of assets Sponsor: Rep. Mary Caferro Sponsor: Sen. Bob Keenan Sponsor: Sen. Trudi Schmidt
for less than fair market value in order to qualify for benefits. Status: Passed House, sent to Senate Status: Pending action in Senate Health, Welfare & Safety Status: Pending action in Senate Health, Welfare & Safety
Sponsor: Rep. Tom McGillvray Committee Committee
Status: Pending action in House Human Services Committee SB 33
Eliminate unified budget requirement for Interagency SB 60 SB 110

HB 127 Coordinating Council. This bill would delete a statutory Revise limitation on critical-access hospital beds. This bill Medicaid HIFA and 1115 demonstration waiver authority.
requirement that the Interagency Coordinating Council for would allow the department to adopt by administrative rule the This bill would implement certain recommendations of the
Revise definition of “seriously developmentally disabled.”
State Prevention Programs prepare and present a unified number of beds that a critical-access hospital may have, not to Montana Public Health Advisory Council to provide for
This bill would amend the legal definition of “seriously
budget to the Legislature. exceed the number allowed by federal law. It also would improved coverage of the health care and related needs of
developmentally disabled” for the purposes of civil
Sponsor: Sen. John Cobb eliminate the limit on the number of acute-care inpatient beds particular groups of individuals. It would authorize Health
commitment. It would remove the criterion of near total care.
Status: Passed Senate, sent to House that a critical-access hospital may have. Insurance Flexibility and Accountability (HIFA)
Sponsor: Rep. Scott Mendenhall
Sponsor: Sen. John Esp demonstration initiatives and other demonstration projects if
Status: Passed House, sent to Senate
SB 41 Status: Passed Senate, referred to House Human Services and when specific federal Medicaid laws are waived.

Medicaid funding principles. This bill would require the Committee Sponsor: Sen. John Cobb

HB 183 department and the Legislature to consider the following Status: Passed by Senate Health, Welfare & Safety
Medicaid waiver proposal affecting seriously emotionally funding principles when considering changes in Medicaid SB 71 Committee
disturbed children. This bill would allow the department to policy or reduction in services: Extend use of tobacco settlement money for health and
seek a federal Home and Community-based Services Waiver human services. This bill would permanently put into law SB 112
of the Medicaid state plan to increase flexibility in providing • Protect those persons who are most vulnerable and most temporary provisions enacted by the 58th Montana Legislature Revise guardianship law. This bill would authorize a full
services for seriously emotionally disturbed children. in need, as defined by a combination of economic security to allow the use of tobacco settlement money to fund health guardian to petition for a dissolution of marriage or legal
Sponsor: Rep. Eve Franklin and medical circumstances.
and human services programs administered by the department.
Status: Passed by House Human Services Committee • Give preference to the elimination of an entire Medicaid It would require an ongoing transfer from a state special (continued on next page)
4 – DPHHS Tribal Update Winter 2005

Legislation The bill would: DEPARTMENT OF PUBLIC HEALTH
(continued from page 3)
• Authorize preadmission screening of individuals needing & HUMAN SERVICES
separation on behalf of the ward. It also would require a district long-term care, as well as annual reviews of their status;
court to hold a hearing to determine whether the dissolution • Remove an inappropriate application of Medicaid state plan T
would be in the ward’s best interest. authority to home and community-based services; and RIBAL
Sponsor: Sen. Dan Harrington • Require home and community-based services to report the WINTER 2005

Status: Passed by Senate Health, Welfare & Safety Committee cost of care for individuals living in assisted living facilities.
Sponsor: Sen. Bob Keenan SPECIAL LEGISLATIVE ISSUE UPDATE
SB 113 Status: Passed second reading in Senate

Clarify county attorneys’ responsibility for guardianship. The Tribal Update is a quarterly
This bill would require county attorneys to petition for SB 137 publication of the Montana

guardianship of incapacitated individuals at the request of the License tattoo and body-piercing businesses. This bill would Department of Public Health and
department. allow the department and local boards of health to license and Human Services. It is distributed to
Sponsor: Sen. Dan Harrington regulate tattoo and body-piercing establishments. It would: leaders of all eight state and federally
Status: Tabled by Senate Health, Welfare & Safety Committee • Grant rulemaking authority regarding standards for recognized tribes, as well as other

sanitation and safety, licensing, and enforcement interested parties.

SB 119 procedures; DPHHS Takes 30 Bills to 2005 Session,
Alternative accessible formats of this
Revise child protective service laws. This bill would revise • Provide for injunctions, civil actions, prosecution, and civil
laws related to child protective services and adoption to comply and criminal penalties for violations of tattoo and body- newsletter will be provided upon Some Directly Impact Tribal Nations
request. For further information or
with federal regulations and an attorney general’s opinion. It piercing laws;
additional copies, contact Gayle
would clarify who may be appointed as a guardian ad litem, and • Provide for the denial and cancellation of licenses;
Shirley, DPHHS Public Information The Montana Department of Public Health and Human Services
it would authorize a foster care review committee or a citizen
review board to conduct a permanency hearing subject to • Provide for inspections and investigations by health Officer, at 406-444-2596 or has proposed 30 bills to the 2005 Legislature, which convened
authorities; and [email protected].
approval by a court. January 3 and will adjourn by April 25. Two—House Bill 80 and
• Create an account in the state special revenue fund for the
Sponsor: Sen. Trudi Schmidt Senate Bill 86—specifically impact the tribal nations.
department to use in administering the laws. This and previous issues are also
Status: Passed by Senate Health, Welfare & Safety Committee
Sponsor: Sen. Dave Lewis available online at dphhs.mt.gov.

Status: Rereferred to Senate Health, Welfare & Safety To find out the status of these or any bills, please visit the
SB 120
Committee 50 copies of this public document Legislature’s Web site at www.leg.mt.gov. The following bill
Make permanent a hospital tax on inpatient days. This bill were published at an estimated cost descriptions list their status as of January 31.
would revise and extend the utilization fee on hospital facilities SB 139 of 20 cents each, for a total cost of
for inpatient bed days. It clarifies that critical-access facilities are $10.00.
Review and modification of child support orders. This bill
included in the definition of “hospital.” HB 80
Sponsor: Sen. Bob Keenan would eliminate the requirement that the Child Support Allow the Child Support Enforcement Division to interact with tribal IV-D
Status: Passed Senate, sent to House Enforcement Division register Montana district court child programs. This bill would revise laws relating to the enforcement of child
support orders with the department before beginning the
MEET THE NEW support to clearly acknowledge the participation of tribal nations that have
administrative modification process. It also would:
SB 121 established their own child support agencies under Title IV-D of the federal
• Clarify the criteria for reviewing support orders in the DPHHS DIRECTOR Social Security Act. The bill does not require any tribe to establish its own child
Revise laws governing charges by the Montana State
absence of substantial changes of circumstances; support system. However, the bill would change the language of the law to
Hospital for care of individuals convicted of crimes. This bill
• Clarify the remedy if a party refuses to produce the Governor Brian ensure that any tribe that does have its own system would clearly be part of the
would allow the department to charge residents of Montana State
requested financial information; and Schweitzer has overall system, just like any other state.
Hospital and certain other institutions for care provided at those
institutions if the residents were sent to the institutions after • Eliminate a mandatory mediation session and certain appointed Dr. Sponsor: Rep. Margarett Campbell
being found not guilty of a criminal violation by reason of service of process requirements. Robert Wynia as Status: Passed House, sent to Senate
mental defect. Current state law requires the department to pay Sponsor: Sen. John Esp the new director
for care in such cases. Status: Passed Senate, sent to House of DPHHS. He SB 86
Sponsor: Sen. Bob Keenan previously worked Define terms for implementation of the federal Indian Child Welfare Act.
Status: Passed Senate, sent to House SB 150 as a senior This bill provides guidance to county attorneys and state district court judges as
Cost-sharing for community-based Medicaid services. This airman medical to the nature of testimony that may be offered by qualified expert witnesses
SB 127 bill would authorize the department to require recipients of examiner for the Federal Aviation under the Indian Child Welfare Act.
Administration. He also had a private
Medicaid home and community-based services. This bill community-based Medicaid services to share in the cost of those
internal medicine practice in Great
would facilitate the implementation of certain recommendations services based on their ability to pay. Qualified expert witnesses are called upon to testify to the emotional and
Falls. He graduated from the University
of the Montana Public Health Advisory Council regarding home Sponsor: Sen. Bob Keenan physical impact that placement of a child might have, taking into account tribal
of Washington medical school and is
and community-based services funded through Medicaid. Status: Passed Senate, sent to House culture and values.
past president of the Montana Medical

Association.
The bill also allows DPHHS to share confidential information with qualified

Montana Department of Public Health & Human Services expert witnesses, and it defines the terms “Indian child,” “Indian tribe,” and
He replaces Gail Gray, who has retired
P.O. Box 4210, Helena, MT 59604 “Indian custodian” so that they are consistent with the definitions in the Indian
from state government.
www.dphhs.mt.gov
(continued on next page)