Title 50, Title 50

(1) It is the policy of the state of Montana to continue to investigate and develop strategies that result in all residents having access to quality health services at costs that are affordable. (2) It is further the policy of the state of Montana that: (a) Montana's health care …

(1) Notwithstanding any other provision of law, a provider who has entered into a provider agreement with a person as defined in 33-1-202 is not required to provide a discount or accept payment at the rate agreed to in the provider agreement for health care services that are prov…

As used in 50-4-106 through 50-4-109, the following definitions apply: (1) "Direct fee" means a fee charged by a health care provider to a patient or a patient's designee for health care services provided by, or to be provided by, the health care provider to the patient. The term…

(1) A patient or the patient's legal representative may enter into a direct patient care agreement with a health care provider to arrange for health care services for the patient. (2) A direct patient care agreement must be in writing, and the patient or the patient's legal repre…

A direct patient care agreement must prominently display a written disclaimer that is either printed on or accompanies all application and guideline materials distributed by or on behalf of the agreement. The disclaimer must read substantially as follows: Notice: The organization…

(1) A licensing board for a health care provider or another state agency may not prohibit, interfere with, initiate a legal or administrative proceeding against, or impose a fine or penalty against: (a) a health care provider solely because the provider provides direct patient ca…

As used in this part, unless the context requires otherwise, the following definitions apply: (1) (a) "Conscience" means the ethical, moral, or religious beliefs or principles held by a medical practitioner, health care institution, or health care payer. (b) With respect to insti…

(1) (a) A health care institution or health care payer may not be required to participate in or pay for a health care service that violates the health care institution's or health care payer's conscience, including by permitting the use of its facilities. (b) An insurance company…

(1) A medical practitioner has the right not to participate in a health care service that violates the medical practitioner's conscience. A health care institution may not be held liable for the exercise of conscience not to participate in a health care service by a medical pract…

The exercise of conscience not to participate in a health care service by a medical practitioner, health care institution, or health care payer may not be grounds for loss of any privileges or immunities or for the loss of any public benefits. This section is supplemental to and …

(1) A medical practitioner or health care institution may not be discriminated against because the medical practitioner or health care institution: (a) provides, causes to be provided, or intends to provide or cause to be provided information relating to a suspected violation of …

(1) The department of public health and human services, a licensing board operating under Title 37, or any other entity that grants licensure or certification may not reprimand, sanction, or revoke or threaten to revoke a license, certificate, or registration of a medical practit…

(1) It is unlawful to interfere or attempt to interfere with the right not to participate in a health care service or the whistleblower and free speech rights and protections authorized by this part, whether by duress, coercion, or any other means. (2) A medical practitioner, hea…

(1) As used in this section, "health care sharing ministry" means a nonprofit organization: (a) that is tax-exempt as described in section 501(c)(3) of the Internal Revenue Code and is exempt from taxation under section 501(a); (b) whose members: (i) share a common set of ethical…

The purposes of this part are to: (1) reaffirm the longstanding meanings of the terms "sex", "male", and "female" in law; and (2) preserve women's restrooms, changing rooms, and sleeping quarters for women in facilities where women have traditionally been afforded privacy and saf…

For the purposes of this part, the following definitions apply: (1) "Changing room" means a room or area in which an individual may be in a state of undress in the presence of others, including a locker room or shower room. (2) "Correctional center" means a facility that houses i…

(1) A covered entity shall designate each multi-occupancy restroom, changing room, or sleeping quarters for the exclusive use of females or males. (2) A restroom, changing room, or sleeping quarters within a covered entity that is designated for females or males may be used only …

(1) An individual who, while accessing a restroom or changing room designated for use by the individual's sex, encounters another individual of the opposite sex in the restroom or changing room has a private cause of action for declaratory and injunctive relief, nominal damages, …

As used in this part, the following definitions apply: (1) (a) "Abortion" means the act of using or prescribing an instrument, medicine, or drug or a substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman and for the purpose of en…

The state or a local government may not adopt or enact a law, rule, policy, or similar measure that: (1) requires a pregnancy center to: (a) offer or perform abortions; (b) offer, provide, or distribute abortion-inducing drugs or contraception; (c) refer a patient for an abortion…

(1) A pregnancy center or a party aggrieved by a violation of 50-4-1303 may commence a civil action for damages, declaratory relief, injunctive relief, and any other appropriate relief. (2) On a finding of a violation of 50-4-1303, the prevailing party is entitled to recover actu…

The legislature, by joint resolution, may appoint one or more of its members who sponsored or cosponsored this part in the member's official capacity to intervene as a matter of right in a case in which the constitutionality of this part is challenged.

(1) Any health care professional or physician who provides the medical treatments listed in subsection (4) to a minor may be subject to a civil action if the medical treatment results in any injury, including physical, psychological, emotional, or physiological harms, that is pro…

As used in this part, the following definitions apply: (1) "Health care" includes both physical health care and mental health care. (2) "Health care provider" or "provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to provide hea…

The commissioner of insurance may adopt by rule uniform health insurance claim forms and uniform standards and procedures for the use of the forms and processing of claims, including the submission of claims by means of an electronic claims processing system.

Sections 50-4-510 through 50-4-512 may be cited as the "Patient's Right to Know the Costs of Medical Procedures Act".

The purpose of 50-4-510 through 50-4-512 is to provide health care consumers with better information on the cost of their medical care and to introduce elements of competition into the marketplace.

(1) Upon request of a patient or a patient's agent, a health care provider, outpatient center for surgical services, clinic, or hospital shall provide the patient or the patient's agent with its estimated charge for a health care service or course of treatment that exceeds $500. …

Sections 50-4-516 through 50-4-518 may be cited as the "Patient's Right to Know of Insurance Coverage Provisions Act".

The purpose of 50-4-516 through 50-4-518 is: (1) to provide health care consumers with better information regarding the portion of their health care costs that will be paid by their health insurer and the portion that they will have to pay themselves; and (2) to introduce element…

(1) When requested by an insured or the insured's agent, a health insurer shall provide a summary of the insured's coverage for a specific health care service or course of treatment when an actual charge or estimate of charges by a health care provider, outpatient center for surg…

As used in this part, the following definitions apply: (1) "Commissioner" means the Montana state auditor and ex officio commissioner of insurance provided for in 2-15-1903. (2) "Control or governance" means the possession, indirect or direct, of the power to direct or cause the …

A person may not engage in a conversion transaction involving a nonprofit health entity unless the commissioner and the attorney general issue orders approving the conversion transaction.

The commissioner and the attorney general may adopt rules to carry out this part, including rules that: (1) specify the form and content of the written notice, required documents, and supplemental information; (2) develop procedures under which proprietary business information an…

(1) (a) This part may not be construed to impair the rights and powers of a court or the attorney general with respect to the assets of any public benefit corporation, to any asset devoted to charity, or to a charitable trust as provided in 72-38-820 through 72-38-826. (b) Filing…

(1) A person that seeks to engage in a conversion transaction for a nonprofit health entity and the nonprofit health entity shall submit an application to the commissioner and a copy of the application to the attorney general. (2) The application submitted under subsection (1) is…

All documents and records, excluding any proprietary or confidential information as defined by law, submitted to the commissioner or attorney general by any person, including a nonprofit health entity making application under 50-4-707, in connection with the commissioner's and th…

(1) Within 15 working days after receiving an application for a conversion transaction, the commissioner shall: (a) publish notice of the application by the internet and by press release to the most widely circulated newspapers in a nonprofit health entity's service area; and (b)…

(1) As soon as practicable, but no later than 90 days after receiving a complete application for a conversion transaction, including all necessary expert reports, the commissioner or a designee shall hold a public hearing. (2) Any person may file written comments and exhibits or …

(1) In the hearing required by 50-4-710, the commissioner and the attorney general shall agree on and jointly appoint a qualified person to preside over the hearing. The commissioner, the attorney general, the transferor, and the transferee may use discovery procedures as provide…

(1) The commissioner or the attorney general, or both, may contract with experts as reasonably necessary to: (a) determine whether to approve a conversion transaction generally; (b) perform an independent valuation of fair market value of the public assets of the transferor; (c) …

(1) Within 60 days after the record, including the public hearing process, has been closed, the commissioner and the attorney general shall each issue a separate order to: (a) approve the conversion transaction, with or without modifications; or (b) disapprove the conversion tran…

Determinations made by the commissioner and the attorney general under 50-4-713 become effective on the date on which both the commissioner and the attorney general have issued orders under 50-4-713.

(1) The attorney general may not approve a conversion transaction except upon a finding that the conversion transaction is in the public interest. If the attorney general or a court pursuant to 50-4-704 determines that the transaction does not involve public assets, the attorney …

(1) The public assets distributed to a foundation or nonprofit organization in accordance with 50-4-715 or 50-4-720 must be in the form of cash or a combination of cash and publicly traded securities or bonds or similar assets that are readily convertible to cash and for which a …