Title 50, Title 50

(1) Prior to donation of an organ, semen, or tissues, HIV diagnostic testing of a prospective donor, in accordance with nationally accepted standards adopted by the department by rule, is required unless the transplantation of an indispensable organ is necessary to save a patient…

(1) A person may not disclose or be compelled to disclose the identity of a subject of an HIV diagnostic test or the results of a test in a manner that permits identification of the subject of the test, except to the extent allowed under the Uniform Health Care Information Act, T…

On request, employees and officers of firms and corporations and public officials shall furnish public health information to the department of public health and human services.

(1) A person aggrieved by a violation of this part has a right of action in the district court and may recover for each violation: (a) against a person who negligently violates a provision of this part, damages of $5,000 or actual damages, whichever is greater; (b) against a pers…

(1) Screening for HIV-related conditions must be considered routine and must be incorporated into the patient's general informed consent for medical care on the same basis as other screening and diagnostic tests. (2) Screening for HIV-related conditions must be voluntary and unde…

(1) Screening for HIV-related conditions must be considered routine and must be incorporated into the pregnant patient's general informed consent for medical care on the same basis as other routine prenatal screening and diagnostic tests. (2) Screening for HIV-related conditions …

Physicians and other health care providers licensed to provide prenatal care to pregnant women shall, if medically indicated: (1) offer a rapid HIV diagnostic test to pregnant women in labor with unknown or undocumented HIV status; (2) offer antiretroviral prophylaxis without wai…

(1) If information on infant morbidity and mortality will be used to reduce those problems, data relating to the condition and treatment of any person may be given to the department of public health and human services, Montana medical association, an allied society of the Montana…

(1) There is a shaken baby syndrome education program established in the department. (2) The department shall: (a) develop educational materials that present readily comprehensible information on shaken baby syndrome; and (b) post the materials on the department's website in an e…

A copy of the shaken baby syndrome educational materials developed under 50-16-103 must be distributed in the following manner: (1) by childbirth educators and staff of pediatric physicians' offices and obstetricians' offices to an expectant parent who uses the services of the ed…

(1) No health care provider or health care facility may: (a) refuse to provide health care to a person because the person declines to answer any questions concerning the person's ownership, possession, or use of firearms; or (b) inquire about a person's ownership, possession, or …

As used in this part, the following definitions apply: (1) (a) "Data" means written reports, notes, or records or oral reports or proceedings created by or at the request of a utilization review, peer review, medical ethics review, quality assurance, or quality improvement commit…

It is in the interest of public health and patient medical care that health care facility committees have access to the records and other health care information relating to the condition and treatment of patients in the health care facility to study and evaluate for the purpose …

All records and health care information referred to in 50-16-202 are confidential and privileged to the committee and the members of the committee as though the health care facility patients were the patients of the members of the committee. All proceedings, records, and reports …

A utilization review, peer review, medical ethics review, quality assurance, or quality improvement committee of a health care facility may use or publish health care information only for the purpose of evaluating matters of medical care, therapy, and treatment for research and s…

All data is confidential and is not discoverable or admissible in evidence in any judicial proceeding. However, this section does not affect the discoverability or admissibility in evidence of health care information that is not data as defined in 50-16-201.

This part may be cited as the "Uniform Health Care Information Act".

The legislature finds that: (1) health care information is personal and sensitive information that if improperly used or released may do significant harm to a patient's interests in privacy and health care or other interests; (2) patients need access to their own health care info…

This part must be applied and construed to effectuate their general purpose to make uniform the laws with respect to the treatment of health care information among states enacting them.

As used in this part, unless the context indicates otherwise, the following definitions apply: (1) "Audit" means an assessment, evaluation, determination, or investigation of a health care provider by a person not employed by or affiliated with the provider, to determine complian…

The provisions of this part apply only to a health care provider that is not subject to the privacy provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. 1320d, et seq., and administrative rules adopted in connection with HIPAA.

A health care provider shall effect reasonable safeguards for the security of all health care information it maintains.

(1) A health care provider who provides health care at a health care facility that the provider operates and who maintains a record of a patient's health care information shall create a notice of information practices, in substantially the following form: NOTICE "We keep a record…

A health care provider shall maintain a record of existing health care information for at least 1 year following receipt of an authorization to disclose that health care information under 50-16-526 and during the pendency of a request for examination and copying under 50-16-541 o…

(1) A person authorized to consent to health care for another may exercise the rights of that person under this part to the extent necessary to effectuate the terms or purposes of the grant of authority. If the patient is a minor and is authorized under 41-1-402 to consent to hea…

Except as provided in 50-19-402, a personal representative of a deceased patient may exercise all of the deceased patient's rights under this part. If there is no personal representative or upon discharge of the personal representative, a deceased patient's rights under this part…

(1) Except as authorized in 50-16-529, 50-16-530, and 50-19-402 or as otherwise specifically provided by law or the Montana Rules of Civil Procedure, a health care provider, an individual who assists a health care provider in the delivery of health care, or an agent or employee o…

(1) A patient may authorize a health care provider to disclose the patient's health care information. A health care provider shall honor an authorization and, if requested, provide a copy of the recorded health care information unless the health care provider denies the patient a…

(1) A health care provider shall retain each authorization or revocation in conjunction with any health care information from which disclosures are made. (2) Except for authorizations to provide information to third-party health care payors, an authorization may not permit the re…

A patient may revoke a disclosure authorization to a health care provider at any time unless disclosure is required to effectuate payments for health care that has been provided or other substantial action has been taken in reliance on the authorization. A patient may not maintai…

A health care provider may disclose health care information about a patient without the patient's authorization, to the extent a recipient needs to know the information, if the disclosure is: (1) to a person who is providing health care to the patient; (2) to any other person who…

A health care provider may disclose health care information about a patient without the patient's authorization if the disclosure is: (1) directory information, unless the patient has instructed the health care provider not to make the disclosure; (2) to federal, state, or local …

A health care provider who discloses health care information within the possession of the provider, including health care information from another provider, is immune from any civil cause of action by the patient or the patient's heirs or successors in interest that is based upon…

(1) Health care information may not be disclosed by a health care provider pursuant to compulsory legal process or discovery in any judicial, legislative, or administrative proceeding unless: (a) the patient has authorized in writing the release of the health care information in …

(1) Unless the court for good cause shown determines that the notification should be waived or modified, if health care information is sought under 50-16-535(1)(b), (1)(d), or (1)(e) or in a civil proceeding or investigation under 50-16-535(1)(j), the person seeking discovery or …

A reasonable fee for providing health care information may not exceed 50 cents for each page for a paper copy or photocopy. A reasonable fee may include an administrative fee that may not exceed $15 for searching and handling recorded health care information.

(1) Upon receipt of a written request from a patient to examine or copy all or part of the patient's recorded health care information, a health care provider, as promptly as required under the circumstances but no later than 10 days after receiving the request, shall: (a) make th…

(1) A health care provider may deny access to health care information by a patient if the health care provider reasonably concludes that: (a) knowledge of the health care information would be injurious to the health of the patient; (b) knowledge of the health care information cou…

(1) For purposes of accuracy or completeness, a patient may request in writing that a health care provider correct or amend its record of the patient's health care information to which the provider has access under 50-16-541. (2) As promptly as required under the circumstances bu…

(1) In making a correction or amendment, the health care provider shall: (a) add the amending information as a part of the health record; and (b) mark the challenged entries as corrected or amended entries and indicate the place in the record where the corrected or amended inform…

(1) A health care provider, upon request of a patient, shall take reasonable steps to provide copies of corrected or amended information or of a statement of disagreement to all persons designated by the patient and identified in the health care information as having examined or …

(1) A mental health digital service is subject to the disclosure and confidentiality provisions of Title 50, chapter 16, part 5, when handling health care information as defined in 50-16-504 on behalf of an individual. (2) A violation of this section may be enforced as provided i…

(1) A person who by means of bribery, theft, or misrepresentation of identity, purpose of use, or entitlement to the information examines or obtains, in violation of this part, health care information maintained by a health care provider is guilty of a misdemeanor and upon convic…

The attorney general or appropriate county attorney may maintain a civil action to enforce this part. The court may order any relief authorized by 50-16-553.

(1) A person aggrieved by a violation of this part may maintain an action for relief as provided in this section. (2) The court may order the health care provider or other person to comply with this part and may order any other appropriate relief. (3) A health care provider who r…

This part may be cited as the "Government Health Care Information Act".