HEALTH CARE FACILITIES

37.106.405 MINIMUM STANDARDS FOR A HOSPITAL: ORGAN DONATION REQUESTS AND PROTOCOLS This rule is adopted to implement Chapter 219, Laws of 1987, which amended both the Uniform Anatomical Gift Act, Title 72, chapter 17, MCA, and the Montana Health Care Facility Licensing Act, Title…

37.106.410 MINIMUM STANDARDS FOR A HOSPITAL: CORONARY CARE UNIT If a hospital provides a coronary care unit, the unit shall comply with the following requirements: When a patient is cared for in a coronary care unit, a licensed registered nurse shall be on duty. At a minimum, the…

37.106.411 MINIMUM STANDARDS FOR A HOSPITAL: INTENSIVE CARE UNIT If a hospital provides an intensive care unit, the unit shall comply with the following requirements: When a patient is cared for in an intensive care unit, a licensed registered nurse shall be on duty. At a minimum…

37.106.420 MINIMUM STANDARDS FOR A HOSPITAL: OBSTETRICAL SERVICES If a hospital provides obstetrical services, the hospital shall comply with the following requirements: Obstetrical services must be under the supervision of a licensed registered nurse on a 24-hour basis. A matern…

37.106.421 MINIMUM STANDARDS FOR A HOSPITAL: NEWBORN NURSERY If a hospital provides a newborn nursery, the nursery shall comply with the following requirements: The newborn nursery must be under the supervision of a licensed registered nurse on a 24-hour basis. An individual bass…

37.106.422 MINIMUM STANDARDS FOR A HOSPITAL: PEDIATRIC AND ADOLESCENT SERVICES If a hospital provides pediatric and adolescent services, the hospital shall comply with the following requirements: Pediatric and adolescent services must be under the supervision of a licensed regist…

37.106.430 MINIMUM STANDARDS FOR A HOSPITAL: PSYCHIATRIC SERVICES If a hospital provides psychiatric services, the hospital shall comply with the following requirements: Psychiatric services must be under the supervision of a licensed psychiatrist on a 24-hour basis. Psychiatric …

37.106.440 MINIMUM STANDARDS FOR A HOSPITAL: RESPIRATORY THERAPY If a hospital provides respiratory therapy, the hospital shall comply with the following requirements: Respiratory therapy services must be under the supervision of a licensed physician appointed from the active med…

37.106.501 PURPOSE The purpose of these rules is to establish the minimum licensing requirements for the licensure of outpatient centers for surgical services. Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-103, MCA History: NEW, 2013 MAR p. 1626, Eff. 9/6/13…

37.106.502 SCOPE For purposes of this subchapter, outpatient centers for surgical services include facilities described at 50-5-101(42), MCA. Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-103, MCA History: NEW, 2013 MAR p. 1626, Eff. 9/6/13.

37.106.503 DEFINITIONS "Medical director" means a physician licensed under Title 37, chapter 3 MCA, who oversees the services provided in an outpatient center for surgical services. The medical director may also serve in the outpatient center as a licensed health care professiona…

37.106.506 MINIMUM STANDARDS FOR OUTPATIENT CENTERS FOR SURGICAL SERVICES An outpatient center must: meet the requirements of ARM Title 37, chapter 106, subchapter 3 relating to the minimum standards for all health care facilities; to the extent that other licensure rules in ARM …

37.106.507 WRITTEN POLICIES AND PROCEDURES Each outpatient center must maintain a policy and procedure manual. The policy and procedure manual must be reviewed by the medical director or administrator and updated as necessary, but at least annually. The manual must contain polici…

37.106.508 OPERATIONAL STANDARDS FOR OUTPATIENT CENTERS FOR SURGICAL SERVICES An outpatient center is organized under a governing body that sets policy and is responsible for the organization. This governing body must meet regularly, but at least quarterly. The outpatient center …

37.106.511 STAFFING AND PERSONNEL REQUIREMENTS Staffing and personnel requirements for an outpatient center for surgical services include: professional staff who are licensed under Title 37, MCA, to practice in their profession and have the knowledge and skills required to provid…

37.106.512 MEDICAL, CLINICAL, AND HEALTH RECORD INFORMATION An individual clinical record must be established for each person receiving care. Each record must be accurate, legible, and promptly completed. The record must include at least the following: patient identification; sig…

37.106.513 INFECTION PREVENTION, CONTROL, AND SAFETY The outpatient center must maintain an infection control program that seeks to minimize infections and communicable diseases. The outpatient center is responsible for providing a plan of action for preventing, identifying, and …

37.106.514 ANESTHESIA RISK AND EVALUATION The outpatient center must: prohibit the use of flammable anesthesia; have a policy which defines the types of anesthesia that will be used within the facility. Similarly, the outpatient center must address in this policy the level of Ame…

37.106.515 SURGICAL AND RELATED SERVICES Surgical procedures must be performed in a safe manner by qualified physicians functioning within their scope of practice and who limit the surgical procedures to those that are approved by the governing body in accordance to the facility …

37.106.601 MINIMUM STANDARDS FOR A SKILLED AND SKILLED/ INTERMEDIATE CARE FACILITY: GENERAL REQUIREMENTS A skilled nursing care facility shall comply with the Conditions of Participation for Skilled Nursing Facilities as set forth in 42 CFR subchapter G part 483. An intermediate …

37.106.605 MINIMUM STANDARDS FOR A SKILLED NURSING CARE FACILITY FOR EACH 24 HOUR PERIOD: STAFFING (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: Eff. 12/31/72; TRANS, from DHES, 2002 MAR p. 185; REP,…

37.106.606 MINIMUM STANDARDS FOR A SKILLED AND SKILLED/ INTERMEDIATE CARE FACILITY: DRUG SERVICES Medication shall be released to a patient at discharge only on the written authorization of his licensed physician. Self-administration of medication by a patient is not permitted ex…

37.106.640 MINIMUM STANDARDS FOR AN INFIRMARY The infirmary shall provide patients with licensed physician care. The infirmary shall provide skilled nursing services. A licensed registered nurse shall serve as charge nurse on the day shift; and a licensed registered or practical …

37.106.645 MINIMUM STANDARDS FOR AN INTERMEDIATE DEVELOPMENTAL DISABILITY CARE FACILITY (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-103, 50-5-201, 50-5-204, MCA History: NEW, 1984 MAR p. 973, Eff. 6/29/84; TRANS, from DHES, 2002 MAR p. 185; REP,…

37.106.650 MINIMUM STANDARDS FOR A KIDNEY TREATMENT CENTER A kidney treatment center shall comply with the requirements set forth in 42 CFR 405, Subpart U. The department hereby adopts and incorporates by reference 42 CFR 405, Subpart U, which sets standards that suppliers of end…

37.106.704 MINIMUM STANDARDS FOR A CRITICAL ACCESS HOSPITAL (CAH) A critical access hospital must comply with the conditions of participation for critical access hospitals under 42 CFR 485 Subpart F. The department adopts and incorporates by reference 42 CFR 485 Subpart F. A copy…

37.106.801 PURPOSE The purpose of these rules is to establish the general requirements for the licensure of specialty hospitals. These rules outline the process for application, including the submission of results of an impact study; and the development and implementation of char…

37.106.802 SCOPE A specialty hospital is a subclass of a hospital that is intended to diagnose, care, or treat patients with: cardiac conditions; orthopedic conditions; patients undergoing surgery; or patients being treated for cancer-related diseases and receiving oncology servi…

37.106.803 DEFINITIONS "Administrator" means the individual responsible for the day-to-day operations of a specialty hospital. This individual may also be known as, but not limited to, "chief executive officer," "executive director," or "president." "Charity care" or financial as…

37.106.804 GENERAL REQUIREMENTS A specialty hospital must comply with the requirements under 42 CFRsubchapter G subpart E. The department adopts and incorporates by reference 42 CFRsubchapter G subpart E, which sets forth the Centers for Medicare and Medicaid Services Conditions …

37.106.805 IMPACT STUDY As indicated in ARM 37.106.804 a condition of application for a proposed specialty hospital is that it must conduct an impact study that analyzes the financial and operational impacts of the proposed specialty hospital on existing health care facilities in…

37.106.806 LICENSE APPLICATION PROCESS Application for a specialty hospital must be made on an application form provided by the department. At least 30 days prior to the opening of a facility, an applicant must submit to the department: a completed license application form which …

37.106.809 FACILITY TRANSFER OF CARE AGREEMENT Prior to accepting patients, a specialty hospital must have in place a signed transfer of care agreement with a hospital capable of providing emergency care services appropriate to the patient's medical needs. A specialty hospital mu…

37.106.810 ADMINISTRATOR Each specialty hospital must have an administrator who: maintains daily overall responsibility for the facility operations; develops and oversees the implementation of all policies and procedures pertaining to the operation of the specialty hospital; esta…

37.106.811 CHARITY CARE POLICY Every specialty hospital must have a charity care policy that is actively implemented. The charity care policy should reflect the organization's mission statement, organizational goals and objectives, and legal and resource constraints. A specialty …

37.106.812 JOINT VENTURE RELATIONSHIP REQUIREMENTS Each specialty hospital must have a joint venture relationship with a hospital or a signed statement from a nonprofit hospital in the community acknowledging that the hospital declined a bona fide, good faith opportunity to parti…

37.106.815 LICENSE DENIAL The department may deny an application for a specialty hospital as a result of an adverse impact study or for any reason as outlined in 50-5-207, MCA. If an application for a specialty hospital is denied for any reason, the department will issue a writte…

37.106.901 MINIMUM STANDARDS FOR RURAL EMERGENCY HOSPITALS A rural emergency hospital shall comply with the conditions of participation for rural emergency hospitals as set forth in 42 CFR Part 485 Subpart E in effect as of January 1, 2024. A copy of the cited requirements may be…