reglab/housing_qa huggingface dataset:
MT Code § 39-71-1043 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 10. Stay-at-Work/Return-to-Work Assistance|39-71-1043. Rehabilitation provider -- evaluation

  39-71-1043. Rehabilitation provider -- evaluation. (1) Stay-at-work/return-to-work assistance must be provided by a rehabilitation provider pursuant to this section if:   (a) the department provides assistance; or   (b) an insurer elects to designate a rehabilitation provider instead of using the insurer's own stay-at-work/return-to-work assistance policy.   (2) (a) The rehabilitation provider shall evaluate and determine the stay-at-work/return-to-work capabilities of the worker pursuant to the stay-at-work/return-to-work goals listed in 39-71-1041.   (b) If the worker has returned to work, the rehabilitation provider shall provide documentation of the assistance to the worker, the insurer, and the department.   (c) If the worker has not returned to work and has not received a job offer to return to work, the rehabilitation provider shall document the reasons the stay-at-work/return-to- work assistance was unsuccessful. The documentation must be provided to the worker, the insurer, the treating physician, and the department.   (d) The following conditions allow termination of assistance prior to the time a worker meets the definition of a disabled worker:   (i) the worker has returned to work earning wages that are at least as much as at the time of injury;   (ii) the worker has received an offer to return to work at a position that is within the worker's physical abilities, for which the worker is qualified, and for which the wages are at least equal to the worker's wages at the time of injury;   (iii) the worker has returned to work in an alternative position that pays less than the worker's wages at the time of injury and that qualifies the worker for temporary partial disability benefits pursuant to 39-71-712; or   (iv) the worker receives a job offer to return to work in a position that is within the worker's physical abilities, for which the worker is qualified, for which the wages are less than the worker's wages at the time of injury, and that qualifies the worker for temporary partial disability benefits under 39-71-712.   (e) If a worker has requested stay-at-work/return-to-work assistance and a rehabilitation plan has been agreed to by the worker and the insurer, the plan continues until completed.   (3) If the worker or insurer disputes the availability or level of assistance, the worker or insurer may, after mediation, petition the workers' compensation court for resolution of the dispute.   History: En. Sec. 18, Ch. 167, L. 2011.
MT Code § 39-71-1044 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 10. Stay-at-Work/Return-to-Work Assistance|39-71-1044. through 39-71-1048 reserved

  39-71-1044 through 39-71-1048 reserved.
MT Code § 39-71-1049 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 10. Stay-at-Work/Return-to-Work Assistance|39-71-1049. Stay-at-work/return-to-work assistance fund -- purpose -- payment process -- rulemaking

  39-71-1049. Stay-at-work/return-to-work assistance fund -- purpose -- payment process -- rulemaking. (1) There is a stay-at-work/return-to-work assistance fund in the proprietary fund category.   (2) The purpose of the assistance fund is to pay for stay-at-work/return-to-work assistance provided by the department so that assistance may be provided as early as practicable in the workers' compensation claims process.   (3) (a) The department may establish by rule:   (i) the amounts and types of assistance to be provided; and   (ii) the maximum hourly rate that may be charged for stay-at-work/return-to-work assistance obtained by the department and paid for by the assistance fund.   (b) The rules adopted under subsection (3)(a) regarding the payment amounts to rehabilitation providers do not apply if the insurer has taken direct responsibility for providing stay-at-work/return-to-work assistance.   (c) If rules are not adopted to implement subsection (3)(a), the department may not provide more than $2,000 in assistance.   History: En. Sec. 19, Ch. 167, L. 2011.
MT Code § 39-71-1051 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 10. Stay-at-Work/Return-to-Work Assistance|39-71-1051. Rulemaking authority

  39-71-1051. Rulemaking authority. The department may adopt rules to implement this part.   History: En. Sec. 21, Ch. 167, L. 2011.
MT Code § 39-71-1102 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 11. Treatment by Designated Providers|39-71-1102. Preferred provider organizations -- establishment -- limitations

  39-71-1102. Preferred provider organizations -- establishment -- limitations. (1) In order to promote cost containment of medical care provided for in 39-71-704, development of preferred provider organizations by insurers is encouraged. Insurers may establish arrangements with suppliers of soft and durable medical goods and health care providers in addition to or in conjunction with managed care organizations. Workers' compensation insurers may contract with other entities to use the other entities' preferred provider organizations. After the date that an injured worker is given an individual written notice by the insurer of a preferred provider, the insurer is not liable for charges from nonpreferred providers.   (2) Posting of preferred provider requirements in the workplace on bulletin boards, in personnel policies, in company manuals, or by other general or broadcast means does not constitute individual written notice. To constitute individual written notice under this section, information regarding referral to preferred providers must be provided to the worker in written form by mail or in person after the date of injury.   History: En. Sec. 6, Ch. 628, L. 1993; amd. Sec. 2, Ch. 468, L. 1999; amd. Sec. 25, Ch. 167, L. 2011.
MT Code § 39-71-1103 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 11. Treatment by Designated Providers|39-71-1103. Workers' compensation managed care

  39-71-1103. Workers' compensation managed care. (1) A managed care system is a program organized to serve the medical needs of injured workers in an efficient and cost-effective manner by managing the delivery of medical services for a defined population of injured workers, pursuant to 39-71-1101, through appropriate health care professionals.   (2) The department shall develop criteria pursuant to 39-71-1105 for certification of managed care organizations. The department may adopt rules for certification of managed care organizations.   (3) Insurers may contract with certified managed care organizations for medical services for injured workers. A worker who is subject to managed care may choose from managed care organizations in the worker's community that have a contract with the insurer responsible for the worker's medical services.   History: En. Sec. 7, Ch. 628, L. 1993.
MT Code § 39-71-1104 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 11. Treatment by Designated Providers|39-71-1104. Managed care organizations -- notification

  39-71-1104. Managed care organizations -- notification. Workers who are subject to managed care must receive medical services in the manner prescribed in the contract. Each contract must comply with the certification requirements provided in 39-71-1105. Insurers who contract with a managed care organization for medical services shall give written notice to workers of eligible service providers and shall give notice of the manner of receiving medical services.   History: En. Sec. 8, Ch. 628, L. 1993.
MT Code § 39-71-1106 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 11. Treatment by Designated Providers|39-71-1106. Compliance with medical treatment required -- termination of compensation benefits for noncompliance

  39-71-1106. Compliance with medical treatment required -- termination of compensation benefits for noncompliance. An insurer that provides 14 days' notice to the worker and the department may terminate any compensation benefits that the worker is receiving until the worker cooperates, if the insurer believes that the worker is unreasonably refusing:   (1) to cooperate with a managed care organization, a preferred provider organization, or the treating physician;   (2) to submit to medical treatment recommended by the treating physician, except for invasive procedures; or   (3) to provide access to health care information to health care providers, the insurer, or an agent of the insurer.   History: En. Sec. 10, Ch. 628, L. 1993; amd. Sec. 26, Ch. 167, L. 2011.
MT Code § 39-71-1107 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 11. Treatment by Designated Providers|39-71-1107. Domiciliary care -- requirements -- evaluation

  39-71-1107. Domiciliary care -- requirements -- evaluation. (1) Reasonable domiciliary care must be provided by the insurer:   (a) from the date the insurer knows of the employee's need for home medical services that results from an industrial injury;   (b) when the preponderance of credible medical evidence demonstrates that nursing care is necessary as a result of the accident and describes with a reasonable degree of particularity the nature and extent of duties to be performed;   (c) when the services are performed under the direction of the treating physician who, following a nursing analysis, prescribes the care on a form provided by the department;   (d) when the services rendered are of the type beyond the scope of normal household duties; and   (e) when subject to subsections (3) and (4), there is a means to determine with reasonable certainty the value of the services performed.   (2) When a worker suffers from a condition that requires domiciliary care, which results from the accident, and requires nursing care as provided for in Title 37, chapter 8, a licensed nurse shall provide the services.   (3) When a worker suffers from a condition that requires 24-hour care and that results from the accident but that requires domiciliary care other than as provided in Title 37, chapter 8, the care may be provided by a family member. The insurer's responsibility for reimbursement for the care is limited to no more than the daily statewide average medicaid reimbursement rate for the current fiscal year for care in a nursing home. The insurer is not responsible for respite care.   (4) Domiciliary care by a family member that is necessary for a period of less than 24 hours a day may not exceed the hourly mean wage by area for home health aides, as published by the department in the most recent edition of the Montana Informational Wage Rates by Occupation and adopted annually by the department prior to January 1. The insurer is not liable for more than 8 hours of care each day at the rate in effect at the time that the services are rendered.   History: En. Sec. 11, Ch. 628, L. 1993; amd. Sec. 8, Ch. 117, L. 2007.
MT Code § 39-71-1108 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 11. Treatment by Designated Providers|39-71-1108. Physician self-referral prohibition

  39-71-1108. Physician self-referral prohibition. (1) Unless authorized by the insurer, a treating physician may not refer a claimant to a health care facility at which the physician does not directly provide care or services when the physician has an investment interest in the facility, unless there is a demonstrated need in the community for the facility and alternative financing is not available. The insurer or the claimant is not liable for charges incurred in violation of this section.   (2) Subsection (1) does not apply to care or services provided directly to an injured worker by a treating physician with an ownership interest in a managed care organization that has been certified by the department.   History: En. Sec. 12, Ch. 628, L. 1993; amd. Sec. 18, Ch. 516, L. 1995.
MT Code § 39-71-1109 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 11. Treatment by Designated Providers|39-71-1109. Repealed

  39-71-1109. Repealed. Sec. 13, Ch. 310, L. 1997.   History: En. Sec. 13, Ch. 628, L. 1993.
MT Code § 39-71-1110 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 11. Treatment by Designated Providers|39-71-1110. Schedule II and III drugs -- prescriber obligation

  39-71-1110. Schedule II and III drugs -- prescriber obligation. (1) In order to ensure high-quality health care for an individual with a compensable occupational injury or disease, prescriptions for Schedule II or Schedule III drugs identified in Title 50, chapter 32, part 2, may be carefully monitored for potential abuse, dependence, interaction, and diversion. Ongoing prescriptions for Schedule II and Schedule III drugs may be prescribed only by a treating physician.   (2) (a) A treating physician authorized to prescribe prescription drugs may query the prescription drug registry provided for in Title 37, chapter 7, part 15, prior to the initial prescribing or refilling of a Schedule II or Schedule III drug for treatment of a workers' compensation injury or occupational disease. After consulting the prescription drug registry, a treating physician may decline to prescribe or refill a Schedule II or Schedule III drug if, in the treating physician's judgment, the drug should not be prescribed or refilled.   (b) Prior to the initial prescribing of a Schedule II or Schedule III drug, a treating physician may discuss the risks and benefits of the use of the controlled substance, including risk of tolerance and drug dependence, with the patient or the patient's legal guardian.   (c) A treating physician shall note in the patient's medical file each query conducted.   (3) This section does not apply to a health care provider administering a Schedule II or Schedule III drug under the following circumstances:   (a) immediately prior to or after surgery;   (b) at the scene of an emergency;   (c) in a licensed ambulance; or   (d) in the emergency department or intensive care unit of a licensed hospital.   History: En. Sec. 1, Ch. 407, L. 2013.
MT Code § 39-71-1402 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 14. Presumptive Occupational Disease -- Firefighters|39-71-1402. Conditions for claiming presumptive occupational disease

  39-71-1402.  (Temporary) Conditions for claiming presumptive occupational disease. (1) Except as provided in subsection (4), the following must be satisfied for the presumption in 39-71-1401 to apply:   (a) the firefighter must timely file a claim for a presumptive occupational disease under Title 39, chapter 71, as soon as the firefighter knows or should have known that the firefighter's condition resulted from a presumptive occupational disease; and   (b) (i) the firefighter must have undergone, within 90 days of hiring, a medical examination that did not reveal objective medical evidence or a family history of the presumptive occupational disease for which the presumption under 39-71-1401 is sought; and   (ii) the firefighter must have undergone subsequent periodic medical examinations at least once every 2 years.   (2) (a) Subsection (1)(b) does not require the employer of a firefighter to provide or pay for a medical examination, either at the time of hiring or during the subsequent term of employment.   (b) If the employer of a firefighter does not provide or pay for a medical examination under subsection (1)(b), the firefighter may satisfy the requirements of subsection (1)(b) by obtaining the medical examination at the firefighter's expense or at the expense of another party.   (3) To qualify for a presumptive occupational disease, a firefighter may not:   (a) be a regular user of tobacco products;   (b) have a history of regular tobacco use in the 10 years preceding the filing of the claim under subsection (1)(a); or   (c) have been exposed by a cohabitant who regularly and habitually used tobacco products within the home for a period of 10 or more years prior to the diagnosis.   (4) A firefighter who, prior to July 1, 2019, did not receive a medical examination as frequently as the intervals set forth in subsection (1)(b) is not ineligible on that basis for a presumptive occupational disease claim under 39-71-1401 and this section. (Void on occurrence of contingency--sec. 7, Ch. 158, L. 2019.)   History: En. Sec. 2, Ch. 158, L. 2019.
MT Code § 39-71-1501 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 15. Montana Safety Culture Act|39-71-1501. Short title

  39-71-1501. Short title. This part may be cited as the "Montana Safety Culture Act".   History: En. Sec. 1, Ch. 295, L. 1993; amd. Sec. 1, Ch. 170, L. 2003.
MT Code § 39-71-1502 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 15. Montana Safety Culture Act|39-71-1502. Purpose

  39-71-1502. Purpose. The purpose of this part is to reduce the incidence of occupational injury and illness by promoting safety in the workplace in order to control the costs of claims for workers' compensation insurance. The creation of a safety culture requires employers to provide training and education to make safety awareness part of the requirement for each worker's satisfactory job performance and requires the department to promote safety awareness for the public through the education and preparation of each student for entrance into the labor market. A reduction in workplace injuries, illnesses, and deaths through enhanced safety on the job benefits the public as well as the employers and the employees by lowering both financial and physical costs. Ensuring immunity to insurers in the provision of safety consultation services encourages and promotes safety in the workplace and improves the relationship between employers and employees.   History: En. Sec. 2, Ch. 295, L. 1993; amd. Sec. 2, Ch. 170, L. 2003.
MT Code § 39-71-1503 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 15. Montana Safety Culture Act|39-71-1503. Safety consultation

  39-71-1503. Safety consultation. (1) As used in this part, "safety consultation services" means assistance rendered by an insurer or the department to advise and aid an employer in the identification, evaluation, and control of existing and potential accidental and occupational health problems. The services may be delivered in person, by mail, electronically, or by telephone, based upon need.   (2) Safety consultation services include but are not limited to:   (a) surveys consisting of onsite identification and subsequent evaluation of exposures relative to employees, materials, equipment, work methods, processes, and facilities;   (b) recommendations expressed in the form of communications to an employer, with reference to control of exposures to occupational accident, injury, or illness and to improvement of safety programs and systems;   (c) education and training programs, including aids, programs, and materials made available to assist in the control of exposures;   (d) consultations to advise employers relative to risk, exposure, and experience in the employer's business;   (e) accident analysis consisting of review of reported accidents to determine cause and trends; and   (f) industrial hygiene services, including recognition, evaluation, and control of chemical, physical, and biological exposures.   History: En. Sec. 3, Ch. 295, L. 1993; amd. Sec. 3, Ch. 170, L. 2003; amd. Sec. 16, Ch. 27, L. 2009.
MT Code § 39-71-1504 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 15. Montana Safety Culture Act|39-71-1504. Safety programs -- educational activities

  39-71-1504. Safety programs -- educational activities. (1) To promote health and safety in places of employment in this state:   (a) each public or private employer shall establish and administer a safety program in accordance with rules adopted by the department pursuant to 39-71-1505; and   (b) the department, relying upon the support and assistance of concerned private entities or other governmental agencies, shall produce and distribute material to the schools of Montana and provide guest speakers intended to:   (i) educate students about the necessity for safe work practices;   (ii) prepare students to embark on accident-free careers; and   (iii) disseminate information promoting the reduction and control of the rate of incidence of workplace injuries or occupational disease.   (2) An employer who employs temporary workers shall include those workers in the employer's safety program. A temporary services contractor shall provide a safety program for employees not employed by other employers.   (3) The department may issue a safety recommendation to an employer who fails to comply with the requirements of this section or with rules adopted by the department pursuant to 39-71-1505.   History: En. Sec. 4, Ch. 295, L. 1993; amd. Sec. 1, Ch. 58, L. 2001.
MT Code § 39-71-1505 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 15. Montana Safety Culture Act|39-71-1505. Rulemaking authority

  39-71-1505. Rulemaking authority. The department shall adopt rules, including but not limited to rules that require:   (1) each employer to conduct an educational-based safety program, including but not limited to:   (a) a safety training program to provide:   (i) new employee general safety orientation;   (ii) job- or task-specific safety training; and   (iii) continuous refresher safety training, including periodic safety meetings;   (b) periodic hazard assessment, with corrective actions identified; and   (c) appropriate documentation of performance of the activities; and   (2) an employer of more than five employees to have a comprehensive and effective safety program, including but not limited to:   (a) subject to subsection (3), a safety committee composed of employee and employer representatives that holds regularly scheduled meetings;   (b) procedures of reporting and investigating all work-related incidents, accidents, injuries, and illnesses; and   (c) policies and procedures that assign specific safety responsibilities and safety performance accountability.   (3) The department may adopt rules authorizing:   (a) a plan No. 2 or plan No. 3 insurer to waive the requirement in subsection (2)(a) for a safety committee if the employer presents sufficient evidence of an effective written safety plan and has a satisfactory modification factor, if applicable, or has a low incident record of injuries; or   (b) the department to waive the requirement in subsection (2)(a) for a safety committee if a plan No. 1 insurer approved by the department presents sufficient evidence of an effective safety program, including a written safety plan. A waiver granted under this subsection (3)(b) to a member of the self-insurers guaranty fund must be made with the concurrence of the fund.   History: En. Sec. 5, Ch. 295, L. 1993; amd. Sec. 1, Ch. 238, L. 1995.
MT Code § 39-71-1506 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 15. Montana Safety Culture Act|39-71-1506. Notification of safety consultation services available by insurer

  39-71-1506. Notification of safety consultation services available by insurer. To implement safety requirements, each insurer shall notify each insured employer of the type of safety consultation services available and the location where the safety consultation services may be requested.   History: En. Sec. 6, Ch. 295, L. 1993.