reglab/housing_qa huggingface dataset:
MT Code § 50-5-216 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-216. Limitation on care provided in adult foster care home

  50-5-216. Limitation on care provided in adult foster care home. (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-funded services through the developmental disabilities program of the department or for an adult who resided in the home before reaching 18 years of age, even though the adult is:   (a) in need of skilled nursing care;   (b) in need of medical, physical, or chemical restraint;   (c) nonambulatory or bedridden;   (d) incontinent to the extent that bowel or bladder control is absent; or   (e) unable to self-administer medications.   (3) An adult foster care home that applies for a license under subsection (2) shall provide the department with a copy of the statement required in subsection (4).   (4) A resident of an adult foster care home licensed under subsection (2) must have a certification in the form of a signed statement, renewed on an annual basis, from a physician, a physician assistant, a nurse practitioner, or a registered nurse, whose work is unrelated to the operation of the home and who has actually visited the home within the year covered by the statement and certifies that:   (a) the services available to the resident in the home or in the community, or services that may be brought into the home from the community, including nursing services or therapies, are appropriate for meeting the health care or other needs of the resident; and   (b) the health care status of the resident does not necessitate placing the resident in a more intensive residential service setting.   (5) As used in this section, "skilled nursing care" means 24-hour care supervised by a registered nurse or a licensed practical nurse under the orders of an attending physician.   History: En. Sec. 13, Ch. 366, L. 1995; amd. Sec. 2, Ch. 133, L. 1999; amd. Sec. 24, Ch. 519, L. 2005.
MT Code § 50-5-217 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-217. through 50-5-219 reserved

  50-5-217 through 50-5-219 reserved.
MT Code § 50-5-220 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-220. Licensure of outdoor behavioral programs -- exemption

  50-5-220. Licensure of outdoor behavioral programs -- exemption. (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 administrative rules for licensure that must include program requirements, staff requirements, staff-to-youth ratios, staff training and health requirements, youth admission requirements, water and nutritional requirements, health care and safety, environmental requirements, infectious disease control, transportation, and evacuation. The department may accept accreditation by a nationally recognized accrediting or certifying body but may not require the accreditation.   History: En. Sec. 2, Ch. 348, L. 2003.
MT Code § 50-5-221 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-221. Repealed

  50-5-221. Repealed. Sec. 13, Ch. 415, L. 1993.   History: En. Sec. 11, Ch. 347, L. 1979.
MT Code § 50-5-222 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-222. and 50-5-223 reserved

  50-5-222 and 50-5-223 reserved.
MT Code § 50-5-224 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-224. Renumbered 53-21-199

  50-5-224. Renumbered 53-21-199. Code Commissioner, 2019.
MT Code § 50-5-225 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-225. Assisted living facilities -- services to residents -- employee background checks

  50-5-225. Assisted living facilities -- services to residents -- employee background checks. (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 and that do not require the use of a licensed health care professional or a licensed practical nurse;   (c) recreational activities;   (d) assistance with self-medication;   (e) 24-hour onsite supervision by staff; and   (f) assistance in arranging health-related services, such as medical appointments and appointments related to hearing aids, glasses, or dentures.   (2) An assisted living facility may provide, make provisions for, or allow a resident to obtain third-party provider services for:   (a) the administration of medications consistent with applicable laws and regulations; and   (b) skilled nursing care or other skilled services related to temporary, short-term, acute illnesses, which may not exceed 30 consecutive days for one episode or more than a total of 120 days in 1 year.   (3) An assisted living facility shall conduct a background check on all individuals who have accepted employment. The background check may be a name-based background check.   (4) An assisted living facility may not employ a person who:   (a) has been found guilty in a court of law of an offense involving abuse, neglect, exploitation, mistreatment, or misappropriation of property;   (b) has been subject to disciplinary action by a state professional licensing board because of a finding of abuse, neglect, exploitation, mistreatment of residents, or misappropriation of resident property; or   (c) has had a finding entered into the state nurse aide registry concerning abuse, neglect, exploitation, mistreatment of residents, or misappropriation of resident property.   (5) An assisted living facility may provisionally employ an individual pending the results of a background check.   History: En. Sec. 1, Ch. 597, L. 1983; amd. Sec. 3, Ch. 54, L. 2003; amd. Sec. 1, Ch. 362, L. 2019.
MT Code § 50-5-227 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-227. Licensing assisted living facilities

  50-5-227. Licensing assisted living facilities. (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 demonstrated pattern of noncompliance with the employee background check requirements of 50-5-225.   (3) The following licensing categories must be used by the department in adopting rules under subsection (1):   (a) category A facility serving residents requiring the level of care as provided for in 50-5-226(2);   (b) category B facility providing skilled nursing care or other skilled services to five or fewer residents who meet the requirements stated in 50-5-226(3);   (c) category C facility providing services to residents with cognitive impairments requiring the level of care stated in 50-5-226(4); or   (d) category D facility providing services to residents with mental disorders who may be a temporary harm to themselves or others and who require the level of care stated in 50-5-226(5).   (4) (a) A single facility meeting the applicable requirements for a category A facility may additionally be licensed to provide category B or category C services with the approval of the department.   (b) If a single facility meeting the applicable requirements as provided in subsection (4)(a) further seeks to be licensed as a category D facility, the facility shall provide documentation that indicates the facility can keep all residents safe.   (5) The department may by rule establish license fees, inspection fees, and fees for patient screening. Fees must be reasonably related to service costs.   History: En. Sec. 3, Ch. 597, L. 1983; amd. Sec. 3, Ch. 590, L. 1993; amd. Sec. 6, Ch. 366, L. 1995; amd. Sec. 256, Ch. 546, L. 1995; amd. Sec. 5, Ch. 54, L. 2003; amd. Sec. 3, Ch. 402, L. 2017; amd. Sec. 2, Ch. 362, L. 2019.
MT Code § 50-5-228 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-228. Limited licensing

  50-5-228. Limited licensing. 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 renewed.   History: En. Sec. 4, Ch. 597, L. 1983; amd. Sec. 208, Ch. 42, L. 1997.
MT Code § 50-5-229 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-229. Repealed

  50-5-229. Repealed. Sec. 13, Ch. 415, L. 1993.   History: En. Sec. 5, Ch. 597, L. 1983.
MT Code § 50-5-230 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-230. Repealed

  50-5-230. Repealed. Sec. 13, Ch. 415, L. 1993.   History: En. Sec. 6, Ch. 597, L. 1983.
MT Code § 50-5-231 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-231. Repealed

  50-5-231. Repealed. Sec. 13, Ch. 415, L. 1993.   History: En. Secs. 2, 3, Ch. 433, L. 1981.
MT Code § 50-5-232 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-232. Patient protection account -- deposit of funds

  50-5-232. Patient protection account -- deposit of funds. (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 the purposes of the account.   (3) The funds deposited in the patient protection account may be used only:   (a) to pay for the costs of a receivership; and   (b) to pay for the cost of department-initiated relocation of residents.   (4) Penalties collected pursuant to part 1 or 2 of this chapter must be deposited in the state general fund.   History: En. Sec. 7, Ch. 415, L. 1993; amd. Sec. 44, Ch. 422, L. 1997.
MT Code § 50-5-233 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-233. Designation of critical access hospitals -- adoption of rules

  50-5-233. Designation of critical access hospitals -- adoption of rules. (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 critical access hospital; or   (ii) a necessary provider of health care services to residents of the area where the facility is located;   (b) provides 24-hour emergency care that is necessary for ensuring access to emergency care services in the area served by the facility;   (c) complies with the bed limitations adopted by rule, not to exceed the number specified in 42 U.S.C. 1395i-4(c)(2)(B), (c)(2)(E), and (f);   (d) provides inpatient acute care for a period not exceeding 96 hours, as determined on an average, annual basis for each patient;   (e) complies with the staffing requirements of 42 U.S.C. 1395i-4(c)(2)(B)(iv); and   (f) operates a quality assessment and performance improvement program and follows appropriate procedures for review of utilization of services as specified in 42 U.S.C. 1395x(aa)(2)(I).   (2) The department shall adopt rules to implement this section, including the following:   (a) standards for determining whether the facility qualifies as a necessary provider pursuant to subsection (1)(a)(ii);   (b) standards for determining whether the 24-hour emergency care provided is necessary to ensure that the area served by the facility has adequate access to emergency care services;   (c) procedures for applying for and receiving designation as a critical access hospital; and   (d) designation of the maximum number of beds allowed pursuant to subsection (1)(c) and consistent with federal law.   History: En. Sec. 5, Ch. 192, L. 2001; amd. Sec. 1, Ch. 7, L. 2005.
MT Code § 50-5-234 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-234. reserved

  50-5-234 reserved.
MT Code § 50-5-235 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-235. Hourly limitation waivable by department or department's designee

  50-5-235. Hourly limitation waivable by department or department's designee. 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 medically appropriate. The waiver may be granted by the department before or after the 24-hour limitation is exceeded.   History: En. Sec. 2, Ch. 366, L. 2001.
MT Code § 50-5-236 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-236. and 50-5-237 reserved

  50-5-236 and 50-5-237 reserved.
MT Code § 50-5-238 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-238. Licensure of intermediate care facility for developmentally disabled -- rulemaking

  50-5-238. Licensure of intermediate care facility for developmentally disabled -- rulemaking. (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 name and address of the applicant;   (b) the location of the intermediate care facility for the developmentally disabled;   (c) the name of the person or persons who will manage or supervise the intermediate care facility for the developmentally disabled;   (d) the number of persons with developmental disabilities who will receive care at the intermediate care facility for the developmentally disabled; and   (e) other information required by the department by rule.   (2) The department may adopt rules establishing standards for licensing intermediate care facilities for the developmentally disabled. The standards must address the protection of residents' rights, individual resident treatment and habilitation needs, staffing requirements, including qualifications, resident behavior and facility practices, health care services, physical environment, dietetic services, and recordkeeping.   History: En. Sec. 5, Ch. 403, L. 2003.
MT Code § 50-5-239 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-239. through 50-5-244 reserved

  50-5-239 through 50-5-244 reserved.
MT Code § 50-5-245 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-245. Department to license specialty hospitals -- standards -- rulemaking -- moratorium

  50-5-245. Department to license specialty hospitals -- standards -- rulemaking -- moratorium. (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 rules that are necessary to implement and administer this section.   (3) Notwithstanding the requirements of subsection (1), the department may not accept an application or issue a license for a specialty hospital before July 1, 2009.   (4) A health care facility licensed by the department and in existence on May 8, 2007, may not change its licensure status in order to qualify for licensure as a specialty hospital unless the health care facility is licensed as a hospital and the hospital is not subject to the provisions of 50-5-246 and subsections (5) through (9) of this section.   (5) A specialty hospital meets the 24-hour emergency care requirements for a hospital, as defined in 50-5-101, if it has an agreement with a hospital in the area served by the specialty hospital stating that the hospital will provide 24-hour emergency care to patients of the specialty hospital.   (6) A specialty hospital applying for a license must have:   (a) a charity care policy meeting the provisions of 50-5-121 and, if applicable, subsection (9) of this section; and   (b) a joint venture relationship with a hospital; or   (c) a signed statement from a nonprofit hospital in the community acknowledging that the hospital declined a bona fide, good faith opportunity to participate in a joint venture with the applicant.   (7) A specialty hospital owned by physicians and proposed as a joint venture with a nonprofit hospital in the community may be licensed if:   (a) the majority of partnering physicians hold active privileges with the joint venture hospital; and   (b) the partnering hospital holds an ownership interest of at least 50%.   (8) This section does not prohibit physicians who are partners in a specialty hospital that is proposed as a joint venture from managing the specialty hospital.   (9) The charity care policy for a specialty hospital applying as a joint venture with a nonprofit hospital in the community must be the same as the policy used by the nonprofit hospital.   History: En. Sec. 2, Ch. 365, L. 2005; amd. Sec. 3, Ch. 466, L. 2007; amd. Sec. 4, Ch. 456, L. 2009.
MT Code § 50-5-246 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-246. Specialty hospital application process -- impact study

  50-5-246. Specialty hospital application process -- impact study. (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:   (a) provide the department with a list of independent consultants who could conduct the impact study required under this section; and   (b) pay the costs of the impact study.   (3) The department shall:   (a) approve a consultant to conduct an impact study from among the consultants submitted by the applicant or from a list of consultants known to the department;   (b) determine the scope of the study necessary to assess the potential positive and adverse impacts on access to health care services in the applicant's proposed service area; and   (c) provide an opportunity for public comment and participation in the study process, including the opportunity to comment on the list of consultants provided by an applicant pursuant to subsection (2)(a).   (4) The scope of the study established by the department may include but is not limited to:   (a) the impact on health care costs in the service area;   (b) the impacts on access to emergency care, mental health care, and other subsidized services provided in the service area; and   (c) the operational impacts on existing health care facilities located in the service area.   (5) The impact study must be completed within 180 days of the date the department establishes the scope of the study.   (6) If the department finds, based on the results of the impact study and public comment, that a proposed specialty hospital would adversely affect an existing hospital or the community's access to health care services, the department shall:   (a) impose conditions on the applicant and on the specialty hospital, if licensed, to mitigate the adverse impact on the community; or   (b) deny a license to the applicant.   History: En. Sec. 5, Ch. 456, L. 2009.
MT Code § 50-5-247 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-247. Licensure of eating disorder centers -- rulemaking -- definition

  50-5-247. Licensure of eating disorder centers -- rulemaking -- definition. (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 department shall adopt administrative rules for licensure, including but not limited to rules establishing:   (a) patient-to-staff ratios;   (b) the treatment services that must be available on site or through arrangements with other health care facilities, including crisis and hospital services; and   (c) license and inspection fees. Fees must be reasonably related to service costs.   (3) The rules may not establish requirements that are more stringent than standards established by the commission on accreditation of rehabilitation facilities and the joint commission for accreditation of behavioral health care organizations that provide care for individuals with eating disorders.   (4) For the purposes of this section, "partial hospitalization program" means an active treatment program that offers therapeutically intensive, coordinated, structured treatment services to individuals who have been diagnosed with an eating disorder. Services include day, evening, night, and weekend treatment programs that use an integrated, comprehensive, and complementary schedule of recognized treatment or therapeutic activities.   History: En. Sec. 1, Ch. 345, L. 2017.
MT Code § 50-5-303 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 3. Certificate of Need|50-5-303. Repealed

  50-5-303. Repealed. Sec. 27, Ch. 347, L. 1979.   History: En. Sec. 170, Ch. 197, L. 1967; amd. Sec. 21, Ch. 366, L. 1969; amd. Sec. 2, Ch. 447, L. 1975; R.C.M. 1947, 69-5212(part).