Title 50, Title 50

The administrator of a hospital licensed under this chapter shall as a condition of licensure under 50-5-201: (1) establish a written protocol for the identification of potential organ donors that: (a) ensures that families of potential organ donors are made aware of the option o…

An agency providing home infusion therapy services shall directly provide either the home infusion therapy services or skilled nursing services and may either directly provide or may arrange for the provision of the other services.

A retirement home shall offer meals or central kitchens but may not offer nursing or personal-care services to the residents, other than by a contract with a third party.

The department may adopt rules establishing standards for the licensing of adult foster care homes. The standards must provide for the safety and comfort of the residents and may be adopted by the department only after receiving the advice and recommendations of the state fire pr…

(1) Except as provided in this section, the types of care offered by adult foster care homes are limited to light personal care or custodial care and may not include skilled nursing care. (2) An adult foster care home may be licensed to provide care for an adult receiving state-f…

(1) The department shall provide for licensure of a qualified outdoor behavioral program that accepts public funding. An outdoor behavioral program that does not accept public funds or governmental contracts is exempt from licensure. (2) The department shall develop administrativ…

(1) An assisted living facility shall, at a minimum, provide or make provisions for: (a) personal services, such as laundry, housekeeping, food service, and local transportation; (b) assistance with activities of daily living, as provided for in the facility admission agreement a…

(1) An assisted living facility may provide personal-care services to a resident who is 18 years of age or older and in need of the personal care for which the facility is licensed under 50-5-227. (2) An assisted living facility licensed as a category A facility under 50-5-227 ma…

(1) The department shall by rule adopt standards for licensing and operation of assisted living facilities to implement the provisions of 50-5-225 and 50-5-226. (2) The department may deny, suspend, or revoke the license of an assisted living facility if the department finds a de…

The department may grant a license that is provisional upon the correction of noncompliance with provisions of 50-5-225 through 50-5-228 or rules adopted pursuant to 50-5-225 through 50-5-228. A provisional license may be granted only for a specific period of time and may not be …

(1) There is a patient protection account in the state special revenue fund. (2) There is deposited in the patient protection account money received by the department in the form of gifts, grants, reimbursements, or appropriations from any source that are intended to be used for …

(1) The department may designate as a critical access hospital a facility that: (a) is: (i) located more than 35 road miles or, in the case of a facility located in mountainous terrain or where only secondary roads exist, more than 15 road miles from a hospital or another critica…

(1) The department may designate as a rural emergency hospital a facility that operates for the purpose of providing emergency department services, observation care, and outpatient services and in which the annual per patient average length of stay does not exceed 24 hours. The d…

The department or the department's designee may waive the 24-hour limitation related to recovery care beds, as defined in 50-5-101, as that limitation applies to a particular bed, if the attending physician of the individual occupying the bed determines that the waiver is medical…

(1) The department shall adopt procedures for licensing intermediate care facilities for the developmentally disabled. A person may not operate an intermediate care facility for the developmentally disabled without a license. The application for a license must include: (a) the na…

(1) Subject to subsection (4), the department shall license specialty hospitals using the requirements for licensure of hospitals and the procedure provided for in parts 1 and 2 of this chapter. (2) Prior to approving an application under this section, the department shall adopt …

(1) The application process for a specialty hospital must include an impact study that analyzes the financial and operational impacts of the proposed specialty hospital on existing health care facilities in the service area. (2) An applicant for a specialty hospital license shall…

(1) The department shall license eating disorder centers that provide intensive outpatient or partial hospitalization programs for individuals with eating disorders as defined by the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders. (2) The departm…

(1) The department shall license residential treatment centers, as defined in 50-5-101. (2) The department shall adopt administrative rules for licensure, including: (a) an appropriate staff-to-patient ratio; (b) minimum qualifications for staff; (c) staff training requirements; …

(1) (a) The department shall adopt procedures for licensing experimental treatment centers. A person may not operate an experimental treatment center without a license. The application for a license must include: (i) the name and address of the applicant; (ii) the location of the…

(1) A licensed experimental treatment center shall allocate 2% of its net annual profits to support access to experimental treatments and health care for qualifying Montana residents. This allocation must be documented on a form provided by the department and submitted by Februar…

(1) There is an insurance premium support account in the state special revenue fund in the state treasury. The money in the account is allocated to the department to fund health insurance premiums for Montana residents who: (a) purchase health insurance on the federal health insu…

(1) Unless a person has submitted an application for and is the holder of a certificate of need granted by the department, the person may not initiate any of the following: (a) a change in the bed capacity of a long-term care facility through an increase in the number of beds or …

(1) The department may adopt rules including but not limited to rules for: (a) the form and content of letters of intent and applications; (b) the scheduling of reviews; (c) the format of public informational hearings and reconsideration hearings; (d) the circumstances under whic…

The department shall by rule promulgate and use, as appropriate, specific criteria for reviewing certificate of need applications under this chapter, including but not limited to the following considerations and required findings: (1) the degree to which the proposal being review…

(1) A certificate of need expires: (a) 1 year after the decision to issue it is final if the applicant has not commenced construction on a project requiring construction or has not incurred an enforceable capital expenditure commitment for a project not requiring construction; (b…

(1) An affected person may request a contested case hearing before the department under the provisions of Title 2, chapter 4, by filing a written request with the department within 30 days after receipt of the notification required in 50-5-302(13). The written request for a heari…

(1) A person who violates the terms of 50-5-301 is subject to a civil penalty of not less than $1,000 or more than $10,000. Each day of violation constitutes a separate offense. The department or, upon request of the department, the county attorney of the county where the health …

The department shall issue a certificate of need for a proposed capital expenditure if: (1) the capital expenditure is required to eliminate or prevent imminent safety hazards as defined by federal, state, or local fire, building, or life safety codes or regulations or to comply …

The following are exempt from a certificate of need review: (1) construction of a state-owned long-term care facility; and (2) repair or replacement of a long-term care facility damaged or destroyed as a result of fire, storm, civil disturbance, or an act of God if the use of the…

(1) There is no fee for filing a letter of intent. (2) An application for certificate of need approval must be accompanied by a fee that is at least equal to 0.3% of the capital expenditure projected in the application, except that the fee may not be less than $500. (3) Fees coll…

As used in this part: (1) "person" includes one or more individuals, partnerships, associations, and corporations; (2) "sterilization" means the performance of, assistance or participation in the performance of, or submission to an act or operation intended to eliminate an indivi…

(1) No private hospital or health care facility shall be required, contrary to the religious or moral tenets or the stated religious beliefs or moral convictions of such hospital or facility as stated by its governing body or board, to admit any person for the purpose of steriliz…

(1) All persons shall have the right to refuse to advise concerning, perform, assist, or participate in sterilization because of religious beliefs or moral convictions. (2) If requested by any hospital or health care facility or person desiring sterilization, such refusal shall b…

(1) It shall be unlawful to interfere or attempt to interfere with the right of refusal authorized by this part, whether by duress, coercion, or any other means. (2) The person injured thereby shall be entitled to injunctive relief, when appropriate, and shall further be entitled…

Such refusal by any hospital or health care facility or person shall not be grounds for loss of any privileges or immunities to which the granting of consent may otherwise be a condition precedent or for the loss of any public benefits.

This part may be cited as the "Family Practice Training Act of 1985".

As used in this part, the following definitions apply: (1) "Department" means the department of public health and human services provided for in 2-15-2201. (2) "Family practice" means comprehensive medical care with particular emphasis on the family unit, in which the physician's…

(1) There is a Montana family practice training program to train resident physicians in family practice. (2) The program is under the authority of the department, and the department shall contract with a nonprofit corporation organized under the laws of Montana or certified to do…

(1) Money appropriated for residency training is in addition to any other money appropriated for medical educational programs and may not supplant funds for existing medical educational programs. (2) No funds appropriated by the legislature to fund residency training may subsidiz…

As used in this part, the following definitions apply: (1) "Aftercare" means assistance provided by a lay caregiver to a patient after the patient's discharge from a hospital and limited to the patient's condition at the time of discharge, including but not limited to assistance …

(1) (a) As soon as practicable after a patient's entry and before the patient's discharge or transfer, a hospital shall provide the patient or, if applicable, the patient's legal representative with at least one opportunity to designate at least one lay caregiver. (b) If the pati…

(1) A hospital shall notify a patient's designated lay caregiver of the patient's impending discharge or transfer to another hospital or facility licensed by the state as soon as practicable. Notice may be provided after the patient's physician issues a discharge order and prior …

(1) As soon as practicable and before a patient's discharge, the hospital shall: (a) consult with the lay caregiver and the patient; (b) issue a discharge plan that describes a patient's aftercare needs at the patient's residence; and (c) provide the lay caregiver with an opportu…

(1) Nothing in this part may be construed to interfere with the rights of an agent operating under a valid health care directive. (2) Designation as a lay caregiver by itself does not: (a) constitute designation as a legal representative; or (b) authorize the lay caregiver to mak…

Nothing in this part shall delay or otherwise affect: (1) the medical care provided to the patient; or (2) an appropriate discharge or transfer of the patient.