PRIA Logo™
MontanaSB 53569th Legislature, Regular Session (2025)SenateWALLET

Revise laws related to experimental treatments

Sponsored By: Kenneth Bogner (Republican)

Signed by Governor

HealthSafetyRevenue, StateRule MakingHealth Care Services

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Free to download

Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 0 costs, 3 mixed.

State help with marketplace premiums

The state runs a special account to help pay health insurance premiums. Help is for Montana residents who buy on the federal marketplace and have incomes between 139% and 400% of the federal poverty level. The Department of Public Health and Human Services may accept deposits from experimental treatment centers. Money in the account can be used only for these premiums. The Department reports how funds were used by September 1 each year.

Paying for experimental treatments

Health plans, third‑party administrators, and government agencies do not have to pay for experimental treatments. You may ask a maker, provider, or facility for treatment, but they do not have to provide it. They may offer it free or set payment terms and may accept digital or other currencies. Direct provider‑patient agreements for these treatments are exempt from the insurance code. If a patient dies while receiving an experimental treatment, the patient’s heirs do not owe the treatment debt.

Who can get experimental treatments

You can receive an experimental treatment only if four things are true: you reviewed FDA‑approved options, your provider recommends it, you give informed consent, and your provider documents this. A treatment counts as experimental if it finished phase 1 and is still in an FDA‑approved trial or has a documented safety record from a qualified medical institution. Informed consent must name approved alternatives, state they are unlikely or impractically available, identify the experimental product, and list best, worst, and most likely outcomes. It must say health plans and TPAs are not required to pay, warn about hospice eligibility when it applies, and state you are responsible for costs (including your estate unless a contract says otherwise). It must also say it cannot be used to help end life and must be signed by you (or a parent/legal guardian for a minor) with provider and witness attestations, or include a recorded review showing you understood.

New licensing and costs for centers

Experimental treatment centers must be licensed. The department approves or denies a complete application within 90 days. Fees are $10,000 to apply and $5,000 each year to renew. Centers are counted as health care facilities and must meet facility standards. Each center must give 2% of net annual profits as free experimental treatment for qualifying Montana residents or pay 2% into the premium support account. Centers must file this on a department form by February 1 each year. The department sets the rules and forms for who qualifies as a resident and how requests and reimbursements work.

Protections for providers and access

Licensing boards cannot punish a clinician only for recommending or providing an experimental treatment under this law. The health department also cannot act against a provider’s Medicare certification or a facility’s license for that reason alone. State officials may not block a patient’s access or a facility’s recommendation or provision of an experimental treatment. Talking with patients about options is allowed.

Sponsors & Cosponsors

Sponsor

  • Kenneth Bogner

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 418 • No: 274

Senate vote • 4/29/2025

Do Pass

Yes: 29 • No: 21

Senate vote • 4/28/2025

Do Pass

Yes: 26 • No: 24

House vote • 4/25/2025

Do Concur

Yes: 49 • No: 48

House vote • 4/25/2025

Do Concur

Yes: 50 • No: 50

House vote • 4/25/2025

ReconsAction - Buttrey

Yes: 50 • No: 48

House vote • 4/24/2025

Cloture-Duram

Yes: 77 • No: 22

House vote • 4/24/2025

Do Concur

Yes: 57 • No: 43

Senate vote • 4/5/2025

Do Pass

Yes: 39 • No: 9

Senate vote • 4/4/2025

Do Pass

Yes: 41 • No: 9

Actions Timeline

  1. Chapter Number Assigned

    5/16/2025Senate

  2. Signed by Governor

    5/13/2025Senate

  3. Transmitted to Governor

    5/5/2025Senate

  4. Signed by Speaker

    5/5/2025House

  5. Signed by President

    5/2/2025Senate

  6. Returned from Enrolling

    4/30/2025Senate

  7. Sent to Enrolling

    4/29/2025Senate

  8. 3rd Reading House Amendments

    4/29/2025Senate

  9. 2nd Reading House Amendments

    4/28/2025Senate

  10. Returned to Senate with Amendments

    4/25/2025House

  11. 3rd Reading

    4/25/2025House

  12. Reconsidered Previous Action

    4/25/2025House

  13. 3rd Reading

    4/25/2025House

  14. 2nd Reading

    4/24/2025House

  15. Committee Report

    4/22/2025House

  16. Committee Executive Action

    4/22/2025House

  17. Revised Fiscal Note Printed

    4/12/2025Senate

  18. Fiscal Note Unsigned

    4/11/2025Senate

  19. Revised Fiscal Note Received

    4/10/2025Senate

  20. Hearing

    4/7/2025House

  21. 1st Reading

    4/7/2025House

  22. Revised Fiscal Note Requested

    4/7/2025Senate

  23. Referred to Committee

    4/7/2025House

  24. Transmitted to House

    4/5/2025Senate

  25. 3rd Reading

    4/5/2025Senate

Bill Text

  • Enrolled

    4/29/2025

    PDF

  • As Amended (Version 3)

    4/22/2025

    PDF

  • As Amended (Version 2)

    4/3/2025

    PDF

  • Introduced

    3/21/2025

    PDF

Related Bills

Back to State Legislation