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MontanaSB 53569th Legislature, Regular Session (2025)SenateWALLET

Revise laws related to experimental treatments

Sponsored By: Kenneth Bogner (Republican)

Became Law

HealthSafetyRevenue, StateRule MakingHealth Care Services

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 3 benefits, 1 costs, 2 mixed.

Fees and 2% giveback for centers

Applicants pay a $10,000 processing fee for a center license. Licensed centers pay a $5,000 renewal each year. Each center must also allocate 2% of its net yearly profits to help Montanans get care. A center can meet this by providing free experimental treatment equal to 2% of profits or by paying 2% into the premium support account. Centers must file the department form by February 1 each year.

Premium help for marketplace buyers

The state creates an Insurance Premium Support Account. It helps Montana residents who buy plans on the federal marketplace and have incomes between 139% and 400% of the federal poverty level. Money in the account only pays premiums for these enrollees. Experimental treatment centers can contribute money to the account. The department reports each year by September 1 on how the funds were used.

Protections for access and providers

State officials cannot block your access to an investigational treatment or a facility’s recommendation. Licensing boards cannot punish a provider just for recommending or providing an experimental treatment. Giving advice that follows medical standards is allowed.

Who can get experimental treatment

To get an experimental treatment, you must first consider approved options. Your treating provider must recommend the investigational option and document it. You must sign written informed consent that names the treatment, explains risks and likely outcomes, and includes hospice‑related notes. A provider and a witness must attest it, or a verified recorded talk must confirm it. The law defines experimental treatments as those that finished phase 1 trials and are still under study or have a documented safety record.

How payment works for experimental care

A maker or provider can offer an investigational treatment at your request. They can provide it for free, charge you, or set a payment plan, and they are not required to offer it. Insurers and government programs are not required to pay for this care, though they can choose to cover it. Direct contracts between you and a provider for experimental treatment are outside the insurance code. Centers can accept digital or other alternative payments. If a patient dies during treatment, the patient’s heirs do not owe the treatment debt.

Licenses and oversight for centers

You cannot operate an experimental treatment center without a state license. The department sets rules for safety, oversight, inspections, written policies, and data reporting, and decides on complete applications within 90 days. The law treats these centers as health care facilities under state law.

Sponsors & Cosponsors

Sponsor

  • Kenneth Bogner

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 417 • No: 273

Senate vote • 4/29/2025

Do Pass

Yes: 29 • No: 21

Senate vote • 4/28/2025

Do Pass

Yes: 25 • No: 24

Senate vote • 4/25/2025

Do Concur

Yes: 49 • No: 48

Senate vote • 4/25/2025

Do Concur

Yes: 50 • No: 50

Senate vote • 4/25/2025

ReconsAction - Buttrey

Yes: 50 • No: 48

Senate vote • 4/24/2025

Cloture-Duram

Yes: 77 • No: 22

Senate 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: 8

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 Passed as Amended by House

    4/29/2025Senate

  9. 2nd Reading House Amendments Concurred

    4/28/2025Senate

  10. Returned to Senate with Amendments

    4/25/2025House

  11. 3rd Reading Concurred

    4/25/2025House

  12. Reconsidered Previous Action; Remains in 3rd Reading Process

    4/25/2025House

  13. 3rd Reading Failed

    4/25/2025House

  14. 2nd Reading Concurred

    4/24/2025House

  15. Committee Report--Bill Concurred as Amended

    4/22/2025House

  16. Committee Executive Action--Bill Concurred as Amended

    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. First 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 Passed

    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

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