All Roll Calls
Yes: 678 • No: 58
MontanaSB 52469th Legislature, Regular Session (2025)SenateWALLET
Revise laws relating to category D assisted living facilities
Sponsored By: Dennis Lenz (Republican)
Became Law
Senior CitizensCourtsHealthHealth Care ServicesInstitutionsJudges and JusticesMental Illness or Incapacity
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 2 benefits, 0 costs, 3 mixed.
New payments and support for Category D
The department must adopt a new payment model for Category D homes by April 1, 2026. The model pays more for residents with higher needs and pays higher rates to small homes that serve fewer than 15 residents. The department also provides specialized technical help to Category D homes to keep services going and avoid discharges.
Clear rules for assisted living categories
The law sets clear admission and retention rules for assisted living categories A, B, C, and D. Category A excludes people who need restraints, have stage 3–4 pressure ulcers, have feeding tubes, need ongoing skilled nursing (except meds), are a danger, or are totally dependent in four or more daily activities. Category B can serve higher-need residents, but it requires a practitioner’s order and a health assessment renewed every quarter. Category C serves people with severe cognitive impairment and elopement risk; no restraints or locked rooms, but consented safety devices are allowed. Category D serves people who need help with two or more daily activities and who a practitioner or court says are or may be a danger; a practitioner must file a monthly health assessment and care order. Each Category D facility is capped at 15 residents. Facilities must list the services they will provide in their admission rules, and they may give personal-care services to adults 18+ who need them.
Court diversion to Category D homes
Beginning July 1, 2025, courts can place eligible people in a Category D assisted living home instead of the state hospital. If voluntary diversion is not possible and an exam finds inpatient care is not right, the court can order commitment to Category D. You must not be in acute psychosis, need help with two or more daily activities, and be approved by a Category D facility. If voluntary treatment fits, the court can dismiss the case to allow care at a Category D home. The court must find that this is the least restrictive option and that a spot is available; community commitments are usually up to 3 months, or up to 6 months with certain prior evidence. If a facility later cannot meet the person’s needs, it must notify the court. The court reviews eligibility and may send the person to the state hospital if no facility will accept them.
Stronger safety and restraint rules for Category D
Category D homes do not have to use restraints or seclusion. If they plan to use them, the department must first approve the facility’s seclusion and restraint policies. The department also sets operating rules for all facilities and requires safety and restraint training for Category D staff.
Fair screening, placement info, and appeals
The department sets a clear application and placement process that explains resident standards, when higher care is needed, and what services are offered on-site or by outside providers. It creates voluntary standard forms and training to make paperwork clearer. Screening rules apply to facilities and screening agencies and bar anyone subject to 46-14-301 from Category D placement. The rules must also include a way for residents, prospective residents, or operators to appeal screening decisions.
Sponsors & Cosponsors
Sponsor
Dennis Lenz
Republican • Senate
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
Senate vote • 4/30/2025
Do Adopt
Yes: 93 • No: 7
Senate vote • 4/30/2025
Do Adopt
Yes: 45 • No: 5
Senate vote • 4/29/2025
Do Adopt
Yes: 93 • No: 5
Senate vote • 4/29/2025
Do Adopt
Yes: 40 • No: 6
Senate vote • 4/17/2025
Do Not Concur
Yes: 45 • No: 4
Senate vote • 4/11/2025
Do Concur
Yes: 87 • No: 12
Senate vote • 4/11/2025
Do Concur
Yes: 91 • No: 7
Senate vote • 4/9/2025
Do Concur
Yes: 86 • No: 11
Senate vote • 3/6/2025
Do Pass
Yes: 49 • No: 0
Senate vote • 3/6/2025
Do Pass
Yes: 49 • No: 1
Actions Timeline
Chapter Number Assigned
5/16/2025SenateSigned by Governor
5/13/2025SenateTransmitted to Governor
5/6/2025SenateSigned by Speaker
5/6/2025HouseSigned by President
5/6/2025SenateReturned from Enrolling
5/2/2025SenateSent to Enrolling
5/1/2025Senate3rd Reading Conference Committee Report Adopted
4/30/2025Senate3rd Reading Conference Committee Report Adopted
4/30/2025House2nd Reading Conference Committee Report Adopted
4/29/2025House2nd Reading Conference Committee Report Adopted
4/29/2025SenateConference Committee Report Received
4/28/2025SenateConference Committee Report Received
4/28/2025HouseHearing
4/24/2025SenateConference Committee Appointed
4/24/2025HouseHearing Canceled
4/24/2025SenateHearing
4/24/2025SenateConference Committee Appointed
4/23/2025Senate2nd Reading House Amendments Not Concurred
4/17/2025SenateReturned to Senate with Amendments
4/11/2025House3rd Reading Concurred
4/11/2025House2nd Reading Concurred
4/11/2025HouseCommittee Report--Bill Concurred as Amended
4/10/2025HouseCommittee Executive Action--Bill Concurred as Amended
4/9/2025HouseHearing
4/9/2025House
Bill Text
As Amended (Version 3)
5/1/2025
Enrolled
5/1/2025
As Amended (Version 2)
4/10/2025
Introduced
2/26/2025