reglab/housing_qa huggingface dataset:
MT Code § 50-5-114 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 1. General Provisions|50-5-114. Administrative enforcement -- notice -- order for corrective action

  50-5-114. Administrative enforcement -- notice -- order for corrective action. (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 agent personally or by certified mail. The notice must specify the provision of part 1 or 2 of this chapter or the rule or license condition or limitation alleged to have been violated and the facts alleged to constitute the violation. The notice must inform the alleged violator of the right to a hearing and that the contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to the hearing. The notice may include an order to take necessary corrective action, including ceasing new admissions, relocating residents, or ceasing the violation within a reasonable period of time stated in the order. The order becomes final unless, within 30 days after the notice is received, the person named requests in writing a hearing before the department. On receipt of the request, the department shall schedule a hearing. Until issuance of a contrary decision by the department, a department order concerning corrective action remains effective and enforceable.   (2) If, after a hearing held under subsection (1), the department finds that a violation has occurred, it shall issue an appropriate order for the prevention, abatement, or control of the violation involved or the taking of other corrective action. As appropriate, an order issued as part of a notice or after a hearing may prescribe the date by which the violation must cease and the time limits for particular action in preventing, abating, or controlling the violation. If, after a hearing on an order contained in a notice, the department finds that a violation has not occurred or is not occurring, it shall declare the order void.   (3) The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a hearing conducted pursuant to this section.   (4) Instead of or in addition to issuing the order provided for in subsection (1), the department may:   (a) require that the alleged violators appear before the department for a hearing at a time and place specified in the notice and answer the charges; or   (b) initiate action under any other applicable provisions of part 1 or 2 of this chapter.   (5) Before acting under this section, the department shall attempt to obtain voluntary compliance through a warning, conference, or any other appropriate means.   (6) In connection with a hearing held pursuant to this section, the department may and on application by a party shall compel the attendance of witnesses and the production of evidence on behalf of any party.   History: En. Sec. 4, Ch. 415, L. 1993; amd. Sec. 252, Ch. 546, L. 1995.
MT Code § 50-5-115 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 1. General Provisions|50-5-115. Receiverships

  50-5-115. Receiverships. (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) a facility is operating without a license and residents are in danger of serious physical or mental harm;   (b) a facility intending to close has not made arrangements within 30 days before closure for the orderly transfer of residents;   (c) a facility is abandoned by an owner; or   (d) a life threatening situation exists for the residents of the facility.   (2) If the department believes or has received notice from the department of justice that there is an emergency that presents or might present an immediate and serious threat to the health or safety of patients or residents of a facility, a receiver may be appointed by the court upon an ex parte application by the department. If a receiver is appointed upon an ex parte application, notice must be given by the department to the facility within 24 hours of issuance of the receivership order and a hearing must be offered the facility by the court within 10 days of issuance of the order to determine whether the order will be continued.   (3) The department shall maintain a list of persons qualified to act as receivers.   (4) The selection, appointment, and removal of receivers must be consistent with Title 27, chapter 20, parts 2 and 3.   (5) Whenever possible, receivers must be paid from the income of the facility. However, receivers may be paid from the patient protection account provided for in 50-5-232. The court shall direct the amount of payments to be made to the receiver, the payments to be made by the receiver, and the order of payments made to the receiver or to other entities. Payments owed to a facility that are made to the receiver must be used to discharge any obligation of the entity making the payments owed to the facility.   (6) The powers and duties of the receiver include:   (a) the duty to protect the health, welfare, and safety of the residents;   (b) the power to hire, discipline, and fire staff;   (c) the power to collect debts due to the facility;   (d) the power to settle labor disputes;   (e) the power to petition the court to set aside unreasonable contracts or leases entered into by the facility management;   (f) the power to make capital investments in the facility with court approval; and   (g) all other powers granted receivers by 27-20-302.   History: En. Sec. 5, Ch. 415, L. 1993; amd. Sec. 3, Ch. 514, L. 1995.
MT Code § 50-5-116 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 1. General Provisions|50-5-116. Facility inspections

  50-5-116. Facility inspections. (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 authorized representative of the department may inspect a facility and associated property without prior notice to the owner or staff of the facility whenever the department considers it necessary. The authorized representative must be given access to all records and an opportunity to copy the records.   History: En. Sec. 6, Ch. 415, L. 1993.
MT Code § 50-5-118 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 1. General Provisions|50-5-118. through 50-5-120 reserved

  50-5-118 through 50-5-120 reserved.
MT Code § 50-5-121 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 1. General Provisions|50-5-121. Hospital discrimination based on ability to pay prohibited -- charity care requirements

  50-5-121. Hospital discrimination based on ability to pay prohibited -- charity care requirements. (1) Except as provided in subsection (3), a hospital must have in writing:   (a) a policy applying to all patients, including medicaid and medicare patients, that prohibits discrimination based on a patient's ability to pay; and   (b) a charity care policy consistent with industry standards applicable to the area the facility serves and the tax status of the hospital.   (2) A hospital may not transfer a patient to another hospital or health care facility based on the patient's ability to pay for health care services.   (3) A specialty hospital must have in writing a charity care policy consistent with industry standards for nonprofit hospitals irrespective of the tax status of the specialty hospital.   History: En. Sec. 2, Ch. 456, L. 2009.
MT Code § 50-5-122 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 1. General Provisions|50-5-122. Transfer of hospital patients

  50-5-122. Transfer of hospital 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 hospital, including the reason for the transfer; and   (2) during the transfer, provide the medical records related to the patient's current hospitalization.   History: En. Sec. 3, Ch. 456, L. 2009.
MT Code § 50-5-201 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-201. License requirements

  50-5-201. License requirements. (1) A facility or licensee considering construction of or alteration or addition to a health care facility shall submit plans and specifications to the department for preliminary inspection and approval prior to commencing construction.   (2) A person may not operate a health care facility unless the facility is licensed by the department. Licenses may be issued for a period of 1 to 3 years in duration. A license is valid only for the person and premises for which it was issued. A license may not be sold, assigned, or transferred.   (3) Upon discontinuance of the operation or upon transfer of ownership of a facility, the license must be returned to the department.   (4) Licenses must be displayed in a conspicuous place near the admitting office of the facility.   History: En. Sec. 161, Ch. 197, L. 1967; amd. Sec. 105, Ch. 349, L. 1974; R.C.M. 1947, 69-5203; amd. Sec. 2, Ch. 37, L. 1979; amd. Sec. 8, Ch. 347, L. 1979; amd. Sec. 1, Ch. 405, L. 1991; amd. Sec. 11, Ch. 415, L. 1993.
MT Code § 50-5-202 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-202. License fees

  50-5-202. License fees. The department shall collect fees for each license issued for deposit in the state general fund as follows:   (1) facilities with 20 beds or less--$20;   (2) facilities with 21 beds or more--$1 per bed.   History: En. Sec. 162, Ch. 197, L. 1967; amd. Sec. 1, Ch. 282, L. 1975; R.C.M. 1947, 69-5204.
MT Code § 50-5-203 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-203. Application for license

  50-5-203. Application for license. The procedure to apply for a license is as follows:   (1) At least 30 days prior to the opening of a facility and after that no later than the expiration date of the license, application is made to the department accompanied by the license fee.   (2) The application shall contain:   (a) the name and address of the applicant if an individual, the name and address of each member if a firm, partnership, or association, or the name and address of each officer if a corporation;   (b) the location of the facility;   (c) the name of the person or persons who will manage or supervise the facility;   (d) the number and type of patients or residents for which care is provided;   (e) any information which the department may require pertaining to the number, experience, and training of employees;   (f) information on ownership, contract, or lease agreement if operated by a person other than the owner.   (3) Applications must include attestation or supporting documentation required by the department pertaining to the licensure of specialty hospitals using the procedures provided in parts 1 and 2 of this chapter. The attestation may be used as the basis for the issuance of a provisional or temporary license.   History: En. Sec. 163, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; amd. Sec. 2, Ch. 282, L. 1975; R.C.M. 1947, 69-5205; amd. Sec. 2, Ch. 405, L. 1991; amd. Sec. 2, Ch. 466, L. 2007.
MT Code § 50-5-204 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-204. Issuance and renewal of licenses -- inspections

  50-5-204. Issuance and renewal of licenses -- inspections. (1) After receipt of a new application and notice that the facility is ready to be inspected, the department or its authorized agent shall conduct an initial inspection of the facility within 45 days.   (2) After receipt of an application for renewal of a license, the department or its authorized agent shall inspect the facility without prior notice to the operator or staff.   (3) If the department determines that the facility meets minimum standards and the proposed or existing staff is qualified, the department shall issue a license for a period of 1 to 3 years in duration.   (4) If minimum standards are not met, the department may issue a provisional license for less than 1 year if operation will not result in undue hazard to patients or residents or if the demand for accommodations offered is not met in the community.   (5) The minimum standards that home health agencies must meet in order to be licensed must be as outlined in 42 U.S.C. 1395x(o), as amended, and in rules implementing it that add minimum standards.   (6) The department may inspect a licensed health care facility whenever it considers it necessary. The entire premises of a licensed facility must be open to inspection, and access to all records must be granted at all reasonable times.   History: En. Sec. 164, Ch. 197, L. 1967; R.C.M. 1947, 69-5206; amd. Sec. 9, Ch. 347, L. 1979; amd. Sec. 1, Ch. 5, Sp. L. 1981; amd. Sec. 1, Ch. 443, L. 1985; amd. Sec. 1, Ch. 143, L. 1987; amd. Sec. 3, Ch. 405, L. 1991; amd. Sec. 4, Ch. 366, L. 1995.
MT Code § 50-5-205 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-205. Repealed

  50-5-205. Repealed. Sec. 27, Ch. 347, L. 1979.   History: En. Sec. 165, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; amd. Sec. 23, Ch. 187, L. 1977; R.C.M. 1947, 69-5207.
MT Code § 50-5-206 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-206. Repealed

  50-5-206. Repealed. Sec. 27, Ch. 347, L. 1979.   History: En. Sec. 166, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5208.
MT Code § 50-5-207 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-207. Denial, suspension, or revocation of health care facility license -- provisional license

  50-5-207. Denial, suspension, or revocation of health care facility license -- provisional license. (1) The department may deny, suspend, or revoke a health care facility license if any of the following circumstances exist:   (a) The facility fails to meet the minimum standards pertaining to it prescribed under 50-5-103.   (b) The staff is insufficient in number or unqualified by lack of training or experience.   (c) The applicant or any person managing it has been convicted of a felony and denial of a license on that basis is consistent with 37-1-203 or the applicant otherwise shows evidence of character traits inimical to the health and safety of patients or residents.   (d) The applicant does not have the financial ability to operate the facility in accordance with law or rules or standards adopted by the department.   (e) There is cruelty or indifference affecting the welfare of the patients or residents.   (f) There is misappropriation of the property or funds of a patient or resident.   (g) There is conversion of the property of a patient or resident without the patient's or resident's consent.   (h) Any provision of parts 1 through 3 is violated.   (2) The department may reduce a license to provisional status if as a result of an inspection it is determined that the facility has failed to comply with a provision of part 1 or 2 of this chapter or has failed to comply with a rule, license provision, or order adopted or issued pursuant to part 1 or 2.   (3) The denial, suspension, or revocation of a health care facility license is not subject to the certificate of need requirements of part 3.   (4) The department may provide in its revocation order that the revocation is in effect for up to 2 years. If this provision is appealed, it must be affirmed or reversed by the court.   History: En. Sec. 167, Ch. 197, L. 1967; R.C.M. 1947, 69-5209; amd. Sec. 10, Ch. 347, L. 1979; amd. Sec. 12, Ch. 415, L. 1993; amd. Sec. 253, Ch. 546, L. 1995; amd. Sec. 3, Ch. 351, L. 2007; amd. Sec. 2, Ch. 310, L. 2009.
MT Code § 50-5-208 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-208. Hearing required

  50-5-208. Hearing required. (1) A license may not be denied, suspended, or revoked without notice and an opportunity for a hearing before the department.   (2) Notice must be given the applicant or licensee of a date, not less than 15 days after mailing or service, for a hearing before the department.   (3) The decision of the department is final 30 days after it is mailed or served unless the applicant or licensee commences an action in the district court to appeal the decision. An appeal must be in the district court where the facility is located or will be located.   History: En. Sec. 168, Ch. 197, L. 1967; amd. Sec. 73, Ch. 349, L. 1974; R.C.M. 1947, 69-5210; amd. Sec. 254, Ch. 546, L. 1995.
MT Code § 50-5-209 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-209. Repealed

  50-5-209. Repealed. Sec. 27, Ch. 347, L. 1979.   History: En. Sec. 177, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5219.
MT Code § 50-5-210 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-210. Department to make rules -- standards for hospices

  50-5-210. Department to make rules -- standards for hospices. (1) The department shall by rule establish standards for the licensure of a hospice. These standards must consider the terminally ill patient and the patient's family as a unit and require service delivery through a medically directed interdisciplinary team of professionals and volunteers acting under a defined hospice administration.   (2) A hospice must meet the standards of care defined by law for any skilled care it provides that normally would be provided by a licensed facility such as a hospital, skilled nursing facility, or home health agency.   (3) The department shall by rule establish standards for the licensure of a residential hospice facility.   (4) The department shall by rule establish standards for the licensure of a freestanding inpatient hospice facility in accordance with medicare certification regulations contained in 42 CFR, part 418, subparts C through E, as adopted by the department. To be licensed by the department, the facility must be managed directly by a medicare-certified hospice.   History: En. Sec. 2, Ch. 324, L. 1983; amd. Sec. 2, Ch. 151, L. 1993.
MT Code § 50-5-211 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-211. Hospital hospice programs -- exemptions from separate licensure

  50-5-211. Hospital hospice programs -- exemptions from separate licensure. A hospice program provided by a hospital need not be separately licensed if the department finds that such program meets the standards of 50-5-210.   History: En. Sec. 3, Ch. 324, L. 1983.
MT Code § 50-5-212 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-212. Organ procurement program required

  50-5-212. Organ procurement program required. 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 of organ or tissue donation and their option to decline;   (b) encourages discretion and sensitivity with respect to the circumstances, views, and beliefs of families of potential organ donors; and   (c) requires that a qualified organ procurement agency be notified of potential organ donors;   (2) designate and train a person or persons to represent the administrator for purposes of requesting an anatomical gift as provided in 72-17-213; and   (3) make known to the public that the hospital has an organ procurement program as described in subsection (1).   History: En. Sec. 3, Ch. 219, L. 1987; amd. Sec. 1, Ch. 540, L. 1989; amd. Sec. 1814, Ch. 56, L. 2009.
MT Code § 50-5-213 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-213. Requirements for home infusion therapy services

  50-5-213. Requirements for home infusion therapy services. 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.   History: En. Sec. 10, Ch. 366, L. 1995.
MT Code § 50-5-214 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-214. Requirements for retirement homes

  50-5-214. Requirements for retirement homes. 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.   History: En. Sec. 11, Ch. 366, L. 1995.
MT Code § 50-5-215 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 2. Licensing|50-5-215. Standards for adult foster care homes

  50-5-215. Standards for adult foster care homes. 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 prevention and investigation section of the department of justice in relation to fire and safety requirements for adult foster care homes.   History: En. Sec. 12, Ch. 366, L. 1995; amd. Sec. 15, Ch. 449, L. 2007.