HEALTH CARE FACILITIES

37.106.1001 MINIMUM STANDARDS FOR AN OUTPATIENT FACILITY (REPEALED) Authorizing statute(s): 50-5-103, 50-5-404, MCA Implementing statute(s): 50-5-103, 50-5-204, 50-5-404, MCA History: NEW, 1980 MAR p. 1587, Eff. 6/13/80; TRANS, from DHES, 2002 MAR p. 185; REP, 2011 MAR p. 578, Ef…

37.106.1002 PURPOSE The purpose of these rules is to establish the licensing requirements for the licensure of outpatient centers for primary care. Authorizing statute(s): 50-5-103, 53-6-106, MCA Implementing statute(s): 50-5-103, 50-5-106, 50-5-114, 50-5-116, 50-5-201, 50-5-204,…

37.106.1004 SCOPE For purposes of this subchapter, outpatient centers for primary care include the facilities described at 50-5-101(41), MCA, outpatient birth centers and radiological imaging facilities. Authorizing statute(s): 50-5-103, 53-6-106, MCA Implementing statute(s): 50-…

37.106.1006 DEFINITIONS "Low risk patient" means a pregnant woman with a normal, uncomplicated prenatal course as determined by adequate prenatal care and prospects for a normal, uncomplicated birth as defined by reasonable and generally accepted criteria of maternal and fetal he…

37.106.1008 MINIMUM STANDARDS FOR OUTPATIENT CENTERS FOR PRIMARY CARE An outpatient center for primary care must meet the requirements of ARM Title 37, chapter 106, subchapter 3 relating to minimum standards for all health care facilities. An outpatient center for primary care sh…

37.106.101 DEFINITIONS For the purpose of this subchapter: "Capital expenditure" is defined as provided in 50-5-101, MCA. "Long-term care facilitiesplan" means theplan prepared by the departmentcontaining guidelines for determining need forlong-term care facilities and services s…

37.106.1010 WRITTEN POLICIES AND PROCEDURES Each outpatient center for primary care shall maintain a policy and procedure manual. The policy and procedure manual shall be reviewed and updated as necessary, but at least annually. The manual shall contain policies and procedures fo…

37.106.1012 MINIMUM STANDARDS FOR OUTPATIENT CENTERS FOR PRIMARY CARE: BIRTH CENTERS If an outpatient center for primary care operates a birth center, the birth center shall: comply with the requirements of ARM 37.106.1008; show written evidence of current accreditation byan accr…

37.106.1014 OPERATION STANDARDS FOR OUTPATIENT CENTERS FOR PRIMARY CARE: BIRTH CENTERS A birth center organization: maintains a governing body that meets regularly; and actively seeks and takes appropriate action on feedback from its consumers. A birth center administration shall…

37.106.1016 MINIMUM STANDARDS FOR OUTPATIENT FACILITIES: IMAGING SERVICES If an outpatient center for primary care provides diagnostic imaging services, the center must meet the following standards: a qualified full-time, part-time, or consulting radiologist must be utilized to i…

37.106.1018 FACILITY INSPECTIONS Outpatient centers for primary care are subject to inspection requirements provided in 50-5-116 and 50-5-204, MCA. Authorizing statute(s): 50-5-103, 53-6-106, MCA Implementing statute(s): 50-5-103, 50-5-106, MCA History: NEW, 2011 MAR p. 578, Eff.…

37.106.103 LONG-TERM CARE: WHERE ALLOWED A health care facility, as defined in 50-5-301 , MCA, may provide long-term care only if: it is licensed to provide the level of care in question; or it has received certificate of need approval pursuant to ARM 37.106.126 for the establish…

37.106.106 SUBMISSION OF LETTER OF INTENT Any person proposing an activity other than those to which (2) and (3) apply and that is subject to review under 50-5-301 , MCA, and not exempt under 50-5-309, MCA, shall submit to the department a letter of intent that contains the follo…

37.106.107 SUBMISSION OF APPLICATIONS An application will be accepted only after submission of a letter of intent. The deadline set by the department for submission of an application will not exceed 90 days unless the department and all affected applicants agree to a longer perio…

37.106.108 NOTICE OF ACCEPTANCE OR EFFECTIVE WITHDRAWAL OF APPLICATION When an application is determined to be complete, the department shall issue a letter of acceptance. When an application is determined to be incomplete after the applicant has been given an opportunity to subm…

37.106.1101 MEDICAL ASSISTANCE FACILITIES: DEFINITIONS (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-101, 50-5-103, 50-5-204, MCA History: NEW, 1989 MAR p. 663, Eff. 4/28/89; TRANS, from DHES, 2002 MAR p. 185; REP, 2022 MAR p. 1876, Eff. 9/24/22.…

37.106.1103 MEDICAL ASSISTANCE FACILITIES: ORGANIZATIONAL STRUCTURE; GOVERNING BODY (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-101, 50-5-103, 50-5-204, MCA History: NEW, 1989 MAR p. 663, Eff. 4/28/89; TRANS, from DHES, 2002 MAR p. 185; REP, 202…

37.106.1104 MEDICAL ASSISTANCE FACILITIES: MEDICAL STAFF (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-101, 50-5-103, 50-5-204, MCA History: NEW, 1989 MAR p. 663, Eff. 4/28/89; TRANS, from DHES, 2002 MAR p. 185; REP, 2022 MAR p. 1876, Eff. 9/24/22…

37.106.1105 MEDICAL ASSISTANCE FACILITIES: MEDICAL RECORDS (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-101, 50-5-103, 50-5-204, MCA History: NEW, 1989 MAR p. 663, Eff. 4/28/89; TRANS, from DHES, 2002 MAR p. 185; REP, 2022 MAR p. 1876, Eff. 9/24/…

37.106.1110 MEDICAL ASSISTANCE FACILITIES: QUALITY ASSURANCE (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-101, 50-5-103, 50-5-204, MCA History: NEW, 1989 MAR p. 663, Eff. 4/28/89; TRANS, from DHES, 2002 MAR p. 185; REP, 2022 MAR p. 1876, Eff. 9/2…

37.106.1111 MEDICAL ASSISTANCE FACILITIES: UTILIZATION REVIEW (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-101, 50-5-103, 50-5-204, MCA History: NEW, 1989 MAR p. 663, Eff. 4/28/89; AMD, 1996 MAR p. 682, Eff. 3/8/96; TRANS, from DHES, 2002 MAR p. …

37.106.1112 MEDICAL ASSISTANCE FACILITIES: INFECTION CONTROL (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-101, 50-5-103, 50-5-204, MCA History: NEW, 1989 MAR p. 663, Eff. 4/28/89; TRANS, from DHES, 2002 MAR p. 185; REP, 2022 MAR p. 1876, Eff. 9/2…

37.106.112 INFORMATIONAL HEARING PROCEDURES Any affected person may request an informational hearing to be held during the course of the review period by writing to the department. The department may also hold a hearing on its own initiative. Whenever an application is received b…

37.106.1120 MEDICAL ASSISTANCE FACILITIES: NURSING SERVICES (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): S50-5-101, 50-5-103, 50-5-204, MCA History: NEW, 1989 MAR p. 663, Eff. 4/28/89; TRANS, from DHES, 2002 MAR p. 185; REP, 2022 MAR p. 1876, Eff. 9/2…

37.106.1121 MEDICAL ASSISTANCE FACILITIES: PHARMACEUTICAL SERVICES (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-101, 50-5-103, 50-5-204, MCA History: NEW, 1989 MAR p. 663, Eff. 4/28/89; TRANS, from DHES, 2002 MAR p. 185; REP, 2022 MAR p. 1876, Ef…

37.106.1122 MEDICAL ASSISTANCE FACILITIES: RADIOLOGIC SERVICES (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-101, 50-5-103, 50-5-204, MCA History: NEW, 1989 MAR p. 663, Eff. 4/28/89; TRANS, from DHES, 2002 MAR p. 185; REP, 2022 MAR p. 1876, Eff. 9…

37.106.1123 MEDICAL ASSISTANCE FACILITIES: LABORATORY SERVICES (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-101, 50-5-103, 50-5-204, MCA History: NEW, 1989 MAR p. 663, Eff. 4/28/89; TRANS, from DHES, 2002 MAR p. 185; REP, 2022 MAR p. 1876, Eff. 9…

37.106.1124 MEDICAL ASSISTANCE FACILITIES: FOOD AND DIETETIC SERVICES (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-101, 50-5-103, 50-5-204, MCA History: NEW, 1989 MAR p. 663, Eff. 4/28/89; TRANS, from DHES, 2002 MAR p. 185; REP, 2022 MAR p. 1876,…

37.106.113 CRITERIA AND FINDINGS The criteria listed in (a) through (k) are statutory criteria required by 50-5-304, MCA, and will be considered by the department in making its decision: the degree to which the proposal being reviewed: demonstrates that the service is needed by t…

37.106.1130 MEDICAL ASSISTANCE FACILITIES: OUTPATIENT SERVICES (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-101, 50-5-103, 50-5-204, MCA History: NEW, 1989 MAR p. 663, Eff. 4/28/89; TRANS, from DHES, 2002 MAR p. 185; AMD, 2011 MAR p. 578, Eff. 4/…

37.106.1131 MEDICAL ASSISTANCE FACILITIES: EMERGENCY SERVICES (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-101, 50-5-103, 50-5-204, MCA History: NEW, 1989 MAR p. 663, Eff. 4/28/89; AMD, 1994 MAR p. 2833, Eff. 10/28/94; TRANS, from DHES, 2002 MAR …

37.106.1132 MEDICAL ASSISTANCE FACILITIES: THIRD-PARTY SERVICES (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-101, 50-5-103, 50-5-204, MCA History: NEW, 1989 MAR p. 663, Eff. 4/28/89; TRANS, from DHES, 2002 MAR p. 185; REP, 2022 MAR p. 1876, Eff. …

37.106.114 DEPARTMENT DECISION If the department fails to reach and issue a decision within the deadlines established by 50-5-302 , MCA, a certificate of need will not automatically issue unless the delay is due to an abuse of discretion by the department and the applicant obtain…

37.106.115 APPEAL PROCEDURES Any affected person who requests a hearing to reconsider the department's decision must submit a check for $500 to the department along with the request. No hearing will be scheduled or held unless the department has received the fee. Immediately afte…

37.106.120 DURATION OF CERTIFICATE: TERMINATION; EXTENSION The department may, after notice and opportunity for a hearing, suspend or revoke a certificate of need upon a finding that the holder of the certificate is in violation of the certificate of need law, this chapter, or th…

37.106.121 INCREASE IN CERTIFIED COST The recipient of a certificate of need shall report to the department any increase in the cost of an approved project in excess of $150,000 or 15% of the approved budget for the project, whichever is greater. Any cost increase that exceeds th…

37.106.126 SWING-BEDS: REVIEW CRITERIA A certificate of need may be issued to a hospital, medical assistance facility, or critical access hospitalto establish swing-beds only if, in addition to compliance with all other applicable provisions of 50-5-304, MCA, and ARM 37.106.113: …

37.106.133 CERTIFICATE OF NEED APPLICATION: INTRODUCTION AND COVER LETTER It is suggested that the applicant contact the health planning program before completing and submitting the necessary information. If an early contact is made, the applicant will be made aware of what will …

37.106.134 CERTIFICATE OF NEED APPLICATION: REQUIRED INFORMATION The following must be included in a certificate of need application: An explanation of the need for the facility or service, including the following information: the geographic area the proposed project will serve a…

37.106.137 ANNUAL OPERATIONAL REPORTS BY HOSPITALS AND CRITICAL ACCESS HOSPITALS Every hospital and critical access hospital shall submit an annual report to the department on a form provided by the departmentby the deadline specified on the form. The annual reports must be signe…

37.106.138 ANNUAL FINANCIAL REPORTS BY HOSPITALS, RURAL EMERGENCY HOSPITALS, AND CRITICAL ACCESS HOSPITALS Every hospital, rural emergency hospital, and critical access hospital shall submit on an annual basis a financial report for its previous fiscal year to the department on a…

37.106.139 ANNUAL REPORTS BY LONG-TERM CARE FACILITIES Every long-term care facility shall submit an annual report to the department on a form provided by the departmentby the deadline specified on the form. The annual report must be signed by the facility administrator and must …

37.106.140 ANNUAL REPORTS BY HOME HEALTH AGENCIES Every home health agency shall submit an annual report to the department on a form provided by the department and no later than the deadline specified on the form. The report must be signed by the administrator of the agency and m…

37.106.1401 MINIMUM STANDARDS FOR CHEMICAL DEPENDENCY FACILITIES (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-201, 50-8-101, 50-8-102, 50-8-105, MCA History: NEW, 1984 MAR p. 1090, Eff. 7/27/84; TRANS, from DHES, 2002 MAR p. 185; AMD, 2022 MAR p.…

37.106.1411 PURPOSE This subchapter establishes the licensing requirements for substance use disorder facilities (SUDFs) as outlined in the ASAM Criteria. This subchapter is applicable to treatment levels of care classified as: ASAM 3.7 Medically Monitored Intensive Inpatient Ser…

37.106.1413 DEFINITIONS In addition to the terms defined in 53-24-103, MCA, the following definitions shall apply in the interpretation and enforcement of the rules in this subchapter: "Administrator" means the person in charge, care, or control ofthe substance use disorder facil…

37.106.1415 APPLICATION OF OTHER RULES To the extent that other licensure rules in ARM Title 37, chapter 106, subchapter 3 conflict with the terms of this subchapter, the terms of this subchapter shall apply to asubstance use disorderfacility. Authorizing statute(s): 50-5-103, 53…

37.106.1416 CONFIDENTIALITY A substance use disorder facility (SUDF) must have a written client confidentiality policy pursuant to 42 CFR Part 2. The confidentiality policy must be reviewed with the client at the time of admission or as soon thereafter as the client is capable of…

37.106.1420 POLICY AND PROCEDURE MANUAL REQUIREMENTS Eachsubstance use disorder facility (SUDF)must develop and implement a policy and procedure manual that includes: the philosophy of the SUDF; theSUDF goals; a description of the population theSUDF intendsto serve; a delineation…

37.106.1425 GOVERNANCE AND ADMINISTRATION The substance use disorder facility (SUDF) must establish a governing body or oversight committee with responsibility for operating and maintaining the SUDF. The governing body or oversight committee must provide organizational oversight …