Title 50, Title 50

(1) There is a community health center account in the state special revenue fund to the credit of the department to provide grants for community health centers. (2) Money appropriated by the legislature for community health centers must be deposited into the account. (3) Money mu…

This part may be cited as the "Montana Health Care Freedom Act".

(1) The state or federal government may not: (a) mandate or require a person or entity to purchase health insurance coverage as defined in 33-22-140; or (b) impose a penalty, tax, fee, or fine of any type if a person or entity declines to purchase health insurance coverage. (2) T…

(Temporary) Definitions. As used in parts 1 through 3 of this chapter, unless the context clearly indicates otherwise, the following definitions apply: (1) "Accreditation" means a designation of approval. (2) "Activities of daily living" means tasks usually performed in the cours…

(1) The department shall adopt rules and minimum standards for implementation of parts 1 and 2. (2) Any facility covered by this chapter shall comply with the state and federal requirements relating to construction, equipment, and fire and life safety. (3) The department shall ex…

Parts 1 through 3 and rules and standards adopted by the department may not authorize the supervision, regulation, or control of care or treatment of persons in any home or institution conducted for those who rely upon treatment by prayer or spiritual means in accordance with the…

(1) All phases of the operation of a health care facility must be without discrimination against anyone on the basis of race, creed, religion, color, national origin, sex, as defined in 1-1-209, age, marital status, physical or mental disability, or political ideas. (2) (a) A hea…

(1) Health care facilities shall keep records and provide the records at the request of the department. (2) Every licensed health care facility shall submit an annual report for the preceding calendar year to the department. (3) Every hospital, critical access hospital, or rural …

It is unlawful for any facility operating in this state to use the word "nursing" in its name, signs, advertising, etc., unless that facility does in fact provide 24-hour nursing care by licensed nurses.

The department may bring an action for injunction or other process against any person to: (1) restrain a facility from engaging in a prohibited activity that is endangering the health, safety, or welfare of any individual under the care of the facility; (2) enjoin a violation of …

(1) The following rights may be exercised by a patient or, if the patient lacks decisionmaking capacity, is legally incompetent, or is a minor, by a patient's designated surrogate, lay proxy decisionmaker, as defined in 50-5-1301, or trusted decisionmaker as designated under 50-5…

This part may be cited as the "Montana Long-Term Care Residents' Bill of Rights".

(1) The legislature finds and declares that many residents of long-term care facilities are isolated from the community and lack the means to assert their rights. (2) The purpose of this part is to: (a) establish and recognize the fundamental civil and human rights to which resid…

As used in this part, the following definitions apply: (1) "Administrator" means a person who is licensed as a nursing home administrator under Title 37, chapter 9, and who administers, manages, or supervises a long-term care facility. (2) "Authorized representative" means: (a) a…

(1) The state adopts by reference for all long-term care facilities the rights for long-term care facility residents applied by the federal government to facilities that provide skilled nursing care or intermediate nursing care and participate in a medicaid or medicare program (4…

(1) The administrator of each long-term care facility shall: (a) adopt a written statement of rights applicable to all residents of its facility, including as a minimum the rights listed in 50-5-1104; (b) provide each resident, at the time of admission to the facility, a copy of …

The rights and responsibilities listed in 50-5-1104 and 50-5-1105 devolve to the resident's authorized representative when the resident: (1) exhibits a communication barrier; (2) has been found by the resident's physician to be medically incapable of understanding these rights; o…

The requirements of 50-5-1104 through 50-5-1106 are included in the minimum standards considered by the department in reviewing applications for license, as provided in 50-5-204.

It is unlawful to: (1) operate a facility without a license; (2) prevent, interfere with, or impede department investigation, department enforcement, department examination of relevant books and records, or activities of the department concerning the preservation of evidence; or …

(1) Except as provided in 50-5-121, a person who commits an act prohibited by 50-5-111 is subject to a civil penalty not to exceed $1,000 for each day that a facility is in violation of a provision of part 1 or 2 of this chapter or of a rule, license provision, or order adopted o…

(1) A person is guilty of a criminal offense under this section if the person knowingly conceals material information about the operation of the facility or does any of the following and by doing so threatens the health or safety of one or more individuals entrusted to the care o…

(1) If the department believes that a violation of a provision of part 1 or 2 of this chapter or of a rule adopted or a condition or limitation imposed by a license issued pursuant to part 1 or 2 has occurred, it may serve written notice on the alleged violator or the violator's …

(1) If receivership has not already been instituted under medicaid or medicare, upon notice to the facility, the department may file a complaint in district court for receivership under any of the following conditions in addition to applicable conditions listed in 27-20-102: (a) …

(1) In addition to its annual licensure inspections, as provided by 50-5-204, the department may inspect any facility for compliance with part 1 or 2 of this chapter or for compliance with a rule, license provision, or order adopted or issued pursuant to part 1 or 2. (2) An autho…

(1) Except to the extent necessary to determine physician competency or to comply with medicare or medicaid certification under Titles XVIII and XIX of the Social Security Act, respectively, or for accreditation by organizations that accredit hospitals or outpatient centers for s…

(Effective January 1, 2027) Nonprofit hospital reporting requirements -- rulemaking authority. Each nonprofit hospital shall report its charity care and community benefit spending to the department of public health and human services in the manner provided for in 50-5-106 and by …

(Effective January 1, 2027) Community benefit to equal potential property tax liability -- fee. (1) (a) Each nonprofit hospital shall provide a total annual community benefit that exceeds the prior year's potential property tax liability the nonprofit hospital would have incurred…

(Effective January 1, 2027) Critical access health care special revenue account -- rulemaking authority. (1) There is an account in the state special revenue fund established in 17-2-102 to the credit of the department of public health and human services to support critical acces…

(1) The following individuals may request the use of and provide informed consent for the use of certain safety devices aimed at ensuring the physical safety of the resident by reducing the risk of falls and injuries associated with a resident's medical symptom even if the reside…

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) "Long-term care facility" means a licensed facility that provides skilled nursing care or intermediate nursing care or t…

(1) Upon receiving a request for use of a safety device, a long-term care facility shall inform the requestor of the alternatives and risks associated with the use of the safety device. The long-term care facility shall provide the requested safety device to the resident upon rec…

A long-term care facility that provides a safety device under 50-5-1203 shall: (1) document that the procedures outlined in 50-5-1203 have been followed; (2) monitor the use of the safety device in accordance with accepted standards of practice; (3) reevaluate the resident's need…

(1) The department is granted rulemaking authority for the purposes of implementing this part. (2) When determining compliance with state and federal standards for the use of a safety device, the department is bound by the statements and determinations contained in the attending …

(Temporary) Hospital discrimination based on ability to pay prohibited -- community benefit and financial assistance requirements -- rulemaking authority. (1) A hospital, critical access hospital, or rural emergency hospital must have in writing a policy applying to all patients,…

In cases where the federal Emergency Medical Treatment and Active Labor Act, 42 U.S.C. 1395dd, does not apply, a hospital may not transfer a patient to another hospital using only a call to a 9-1-1 service. The hospital shall: (1) before the transfer, provide notice to the other …

As used in this part, the following definitions apply: (1) "Adult" means any person 18 years of age or older. (2) "Advanced practice registered nurse" means an individual who is licensed under Title 37, chapter 8, to practice professional nursing in this state and who has fulfill…

(1) An attending health care provider may determine that an adult patient lacks decisional capacity related to medical treatment. The determination must be documented in the patient's medical record. (2) (a) The attending health care provider shall make specific findings related …

(1) Upon a determination that an adult patient lacks decisional capacity, an attending health care provider or the provider's designee shall make reasonable efforts to notify the patient of: (a) the determination that the patient lacks decisional capacity; and (b) the identity of…

(1) An attending health care provider may designate another willing physician or advanced practice registered nurse to make health care treatment decisions as a patient's proxy decisionmaker if: (a) after making reasonable efforts, the attending health care provider or the provid…

(1) The attending health care provider and a health care provider appointed pursuant to 50-5-1304 to serve as a medical proxy decisionmaker shall adhere to the following guidelines for proxy decisionmaking: (a) for routine treatments and procedures that are low-risk and within br…

The medical ethics committee of a health care facility shall assist a lay or medical proxy decisionmaker upon request if the lay or medical proxy decisionmaker is considering or has made a decision to withhold or withdraw medical treatment. If the health care facility treating th…

The attending health care provider of a patient for whom a lay or medical proxy decisionmaker has been named shall reexamine the patient and determine whether the patient has regained decisional capacity if the patient or an interested person, guardian, attending health care prov…

(1) An attending health care provider, provider's designee, or health care facility that makes a reasonable attempt to locate and communicate with a proxy decisionmaker is not subject to civil or criminal liability or regulatory sanction solely for the attempt to locate and commu…

(1) At any time, after admission to a hospital, before an attending health care provider determines that an adult patient lacks decisional capacity under 50-5-1302, the patient may designate a trusted decisionmaker to make health care decisions on behalf of the patient in the eve…

When a decisionmaker is needed for a patient who lacks decisional capacity as determined under 50-5-1302, the decisionmaker must be selected from the following available individuals in the order listed: (1) a guardian appointed by the patient under 72-5-316 who has medical decisi…

This part may be cited as the "Patient Visitation Rights Act".