MontanaSB 8869th Legislature, Regular Session (2025)SenateWALLET

Revise laws related to the publication process of certificate of need letters of intent

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 0 costs, 3 mixed.

Faster certificate-of-need reviews and decisions

Beginning July 1, 2025, the department must finish review within 90 calendar days of receiving an application, or within 90 days after all comparative applications arrive. It can extend only if all affected applicants agree. During review, it may hold a public hearing if an affected person asks or the department finds it appropriate. It may also compare completed applications that affect the same service area. After the review period ends, the department must issue or deny the certificate and notify the applicant and affected persons within 5 working days. If it misses required deadlines and the delay is an abuse of discretion, the applicant may ask a court to order action.

Clear timelines for certificate-of-need applications

Beginning July 1, 2025, after you file a letter of intent, the department must send you the application deadline, which must be at least 30 days after its notice. Within 20 working days of getting your application, the department must decide if it is complete. If items are missing, it must list what is needed and give you at least 15 days after mailing to respond, then has 15 working days to recheck. If you miss the response deadline, your application is withdrawn. If the department misses its notice deadlines, your application is treated as complete.

Early notice and public posting for certificate-of-need plans

Beginning July 1, 2025, at least 30 days before you buy or sign a contract to buy 50% or more of an existing long-term care facility, you must send a letter of intent to the department. The letter must state the plan to acquire, list services, and show bed capacity. Anyone planning an activity that needs a certificate of need must also file a letter of intent. On the 10th of each month, the department posts and publishes descriptions of letters received in the prior month. You have 30 days after that posting to request a comparative review.

State sets certificate-of-need rules and comparisons

Beginning July 1, 2025, the state health department may set rules for the form and content of letters of intent and applications, when reviews are scheduled, and how public and reconsideration hearings run. It may set when hospital beds can be approved to provide skilled or intermediate nursing or developmental disability care. The department may also decide to group similar proposals for comparative review.

Sponsors & Cosponsors

Sponsor

Dave Fern
Democrat • Senate

Cosponsors

Ed Buttrey
Republican • House

Roll Call Votes

All Roll Calls

Yes: 288 • No: 4

Senate vote • 3/21/2025

Do Concur

Yes: 97 • No: 0

Senate vote • 3/20/2025

Do Concur

Yes: 93 • No: 3

Senate vote • 1/30/2025

Do Pass

Yes: 49 • No: 0

Senate vote • 1/29/2025