reglab/housing_qa huggingface dataset:
MT Code § 50-5-702 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 7. Lay Caregivers|50-5-702. Lay caregiver -- designation

  50-5-702. Lay caregiver -- designation. (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 patient is unconscious or otherwise incapacitated upon entry, the hospital shall provide the patient or the patient's legal representative with an opportunity to designate a lay caregiver as soon as practicable after the patient regains consciousness or capacity.   (2) If the patient or the patient's legal representative declines to designate a lay caregiver, the hospital shall appropriately document the decision.   (3) If a lay caregiver is designated pursuant to this section, the hospital shall:   (a) promptly request the written consent of the patient or legal representative to release medical information to the lay caregiver, using the hospital's established procedures for releasing personal health information and in compliance with all state and federal laws governing release of the information; and   (b) appropriately document the designation of the lay caregiver, the relationship of the lay caregiver to the patient, and the name, telephone number, and address of the lay caregiver.   (4) If the patient or the patient's legal representative declines to consent to the release of medical information to the lay caregiver, the hospital is not required to provide notice to the lay caregiver as provided in 50-5-703 or to provide information contained in the discharge plan developed pursuant to 50-5-704.   (5) A patient or the patient's legal representative may change the designated lay caregiver at any time. The hospital shall appropriately document the change as soon as practicable.   (6) A person designated as a lay caregiver pursuant to this section is not obligated to perform any aftercare tasks for a patient.   (7) This section may not be construed to require a patient or a patient's legal representative to designate a lay caregiver.   History: En. Sec. 2, Ch. 129, L. 2017.
MT Code § 50-5-703 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 7. Lay Caregivers|50-5-703. Notice to designated lay caregiver

  50-5-703. Notice to designated lay caregiver. (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 to the patient's discharge or transfer.   (2) If the hospital is unable to contact the lay caregiver, the lack of contact may not interfere with, delay, or otherwise affect the medical care provided to the patient or an appropriate discharge or transfer of the patient. The hospital shall appropriately document the inability to contact the lay caregiver.   History: En. Sec. 3, Ch. 129, L. 2017.
MT Code § 50-5-704 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 7. Lay Caregivers|50-5-704. Instruction to designated lay caregiver

  50-5-704. Instruction to designated lay caregiver. (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 opportunity for instruction in the aftercare tasks described in the discharge plan.   (2) At a minimum, a discharge plan prepared pursuant to this section must:   (a) note the name and contact information of the lay caregiver;   (b) describe all aftercare tasks necessary to maintain the patient's ability to remain in the patient's residence, taking into account the capabilities and limitations of the lay caregiver; and   (c) provide contact information for relevant followup care and for resources needed to successfully carry out the discharge plan.   (3) Instruction for the lay caregiver may be conducted in person, by telephone, or by video technology at the discretion of the lay caregiver. At a minimum, the instruction shall:   (a) be provided, to the extent possible, in nontechnical language;   (b) give the lay caregiver and patient an opportunity to ask questions about the aftercare tasks; and   (c) in a culturally competent manner, provide answers to the lay caregiver's and patient's questions.   (4) Instruction required pursuant to this section must be appropriately documented. At a minimum, the documentation must include the date, time, and contents of the instruction.   (5) Nothing in this section may delay the patient's discharge or transfer to another facility.   History: En. Sec. 4, Ch. 129, L. 2017.
MT Code § 50-5-705 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 7. Lay Caregivers|50-5-705. Noninterference with powers of existing health care directives

  50-5-705. Noninterference with powers of existing health care directives. (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 make health care decisions on behalf of the patient.   History: En. Sec. 5, Ch. 129, L. 2017.
MT Code § 50-5-706 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 7. Lay Caregivers|50-5-706. Noninterference with care or discharge

  50-5-706. Noninterference with care or discharge. 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.   History: En. Sec. 6, Ch. 129, L. 2017.
MT Code § 50-5-707 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 7. Lay Caregivers|50-5-707. Immunity

  50-5-707. Immunity. (1) Nothing in this part may be construed to create a new private right of action not otherwise existing in law against a hospital or any of its directors, trustees, officers, employees, or agents or any contractors with whom the hospital has a contractual relationship.   (2) A hospital, its directors, trustees, officers, employees, and agents and any contractors with whom the hospital has a contractual relationship may not be held liable for the services rendered or not rendered by the lay caregiver to the patient at the patient's residence if the hospital has complied with this part and acted reasonably and in good faith.   History: En. Sec. 7, Ch. 129, L. 2017.
MT Code § 50-5-1101 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 11. Long-Term Health Care Facilities|50-5-1101. Short title

  50-5-1101. Short title. This part may be cited as the "Montana Long-Term Care Residents' Bill of Rights".   History: En. Sec. 1, Ch. 582, L. 1987.
MT Code § 50-5-1102 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 11. Long-Term Health Care Facilities|50-5-1102. Findings and purpose

  50-5-1102. Findings and purpose. (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 residents of long-term care facilities are entitled; and   (b) provide for the education of residents and staff regarding these rights.   History: En. Sec. 2, Ch. 582, L. 1987.
MT Code § 50-5-1103 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 11. Long-Term Health Care Facilities|50-5-1103. Definitions

  50-5-1103. Definitions. 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 person who has a general power of attorney for a resident;   (b) a person appointed by a court to manage the personal or financial affairs of a resident;   (c) a representative payee;   (d) a resident's next of kin; or   (e) a sponsoring agency.   (3) "Department" means the department of public health and human services provided for in 2-15-2201.   (4) "Facility" or "long-term care facility" means a facility or part of a facility licensed under Title 50, chapter 5, to provide skilled nursing care, intermediate nursing care, or personal care.   (5) "Long-term care ombudsman" means the individual appointed to fulfill the requirement of 42 U.S.C. 3027(a)(12) that the state provide an advocate for residents of long-term care facilities.   (6) "Resident" means a person who lives in a long-term care facility.   History: En. Sec. 3, Ch. 582, L. 1987; amd. Sec. 94, Ch. 418, L. 1995; amd. Sec. 259, Ch. 546, L. 1995.
MT Code § 50-5-1105 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 11. Long-Term Health Care Facilities|50-5-1105. Long-term care facility to adopt and post residents' rights

  50-5-1105. Long-term care facility to adopt and post residents' rights. (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 facility's statement of residents' rights, receipt of which the resident or the resident's authorized representative shall acknowledge in writing;   (c) provide each resident with a written statement of any change in residents' rights at the time the change is implemented, receipt of which the resident or the resident's authorized representative shall acknowledge in writing; and   (d) train and involve staff members in the implementation of residents' rights as expressed in the statement adopted by the facility.   (2) Each staff member shall affirm in writing that the member has read and understands the facility's statement of residents' rights.   (3) The administrator of the facility shall post in a conspicuous place visible to the public a copy of the facility's statement of residents' rights, presented in a format that can be read easily by the residents and by the public.   History: En. Sec. 5, Ch. 582, L. 1987; amd. Sec. 1815, Ch. 56, L. 2009.
MT Code § 50-5-1106 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 11. Long-Term Health Care Facilities|50-5-1106. Resident's rights devolve to authorized representative

  50-5-1106. Resident's rights devolve to authorized representative. 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; or   (3) has been adjudicated incompetent by a district court.   History: En. Sec. 6, Ch. 582, L. 1987; amd. Sec. 1816, Ch. 56, L. 2009.
MT Code § 50-5-1107 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 11. Long-Term Health Care Facilities|50-5-1107. Enforcement of residents' rights

  50-5-1107. Enforcement of residents' rights. 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.   History: En. Sec. 7, Ch. 582, L. 1987.
MT Code § 50-5-1201 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 12. Safety Devices in Long-Term Care Facilities|50-5-1201. Use of safety devices -- request and consent -- allowed individuals -- intent

  50-5-1201. Use of safety devices -- request and consent -- allowed individuals -- intent. (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 resident cannot easily remove the device or the device restricts the resident's total freedom of movement:   (a) a resident;   (b) a family member of a resident who is unable to make decisions because the resident has a communication barrier or has been found by a physician to be medically incapable of granting informed consent, as provided in 50-5-1203;   (c) a guardian, as defined in 72-1-103; or   (d) a person granted the power of attorney for health care decisions.   (2) A concern for a resident's physical safety or a resident's fear of falling may provide the basis for a medical symptom. A safety device may not be used for the convenience of staff or for disciplinary purposes.   (3) This part is intended to provide residents and authorized or designated representatives with the authority to request and consent to the use of safety devices but is not intended to interfere with the right of licensed health care providers acting within their scope of practice to recommend and order treatments and services, including physical restraints, for residents in their care.   History: En. Sec. 1, Ch. 347, L. 2001.
MT Code § 50-5-1202 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 12. Safety Devices in Long-Term Care Facilities|50-5-1202. Definitions

  50-5-1202. Definitions. 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 that is an assisted living facility, as defined in 50-5-101.   (3) "Medical symptom" means an indication of a physical or psychological condition or of a physical or psychological need expressed by the patient.   (4) "Physician" includes an advanced practice registered nurse to the extent permitted by federal law.   (5) "Resident" means a person who lives in a long-term care facility.   (6) (a) "Safety devices" means side rails, tray tables, seatbelts, and other similar devices.   (b) The term does not include protective restraints as defined in 21 CFR 880.6760.   History: En. Sec. 2, Ch. 347, L. 2001; amd. Sec. 6, Ch. 54, L. 2003.
MT Code § 50-5-1203 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 12. Safety Devices in Long-Term Care Facilities|50-5-1203. Procedures -- informed consent -- physician involvement

  50-5-1203. Procedures -- informed consent -- physician involvement. (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 receipt of:   (a) a signed consent form authorizing its use and acknowledging receipt of specific information about available alternatives and risks; and   (b) a written order from the attending physician that specifies the circumstances under and the duration for which the safety device may be used and the medical symptoms that the safety device is intended to address.   (2) The requirements of subsection (1) do not apply if a side rail or other device is used only as an assistive device and does not restrict the resident's movement from bed or chair.   History: En. Sec. 3, Ch. 347, L. 2001.
MT Code § 50-5-1204 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 12. Safety Devices in Long-Term Care Facilities|50-5-1204. Long-term care facility procedures

  50-5-1204. Long-term care facility procedures. 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 for the safety device, no less than quarterly, in consultation with the resident, the resident's family, and the attending physician.   History: En. Sec. 4, Ch. 347, L. 2001.
MT Code § 50-5-1205 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 12. Safety Devices in Long-Term Care Facilities|50-5-1205. Survey compliance and department enforcement -- rulemaking authority

  50-5-1205. Survey compliance and department enforcement -- rulemaking authority. (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 physician's order regarding medical symptoms. A written order from the attending physician that contains statements and determinations regarding medical symptoms is sufficient evidence of the medical necessity of the safety device.   (3) A long-term care facility may not be subject to fines, civil penalties, or other state or federal survey enforcement remedies solely as the result of allowing the use of a safety device as authorized in this part.   (4) This section does not preclude the department from taking action to protect the safety and health of the resident if there is clear and convincing evidence that:   (a) the use of the safety device has jeopardized the health and safety of the resident; and   (b) the long-term care facility has failed to take reasonable measures to protect the health and safety of the resident.   History: En. Sec. 5, Ch. 347, L. 2001.
MT Code § 50-5-1301 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 13. Proxy Decisionmakers|50-5-1301. Definitions

  50-5-1301. Definitions. 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 fulfilled the requirements of the board of nursing pursuant to 37-8-202 and 37-8-409.   (3) "Attending health care provider" means the physician, advanced practice registered nurse, or physician assistant, whether selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient.   (4) "Decisional capacity" means the ability to provide informed consent to or refuse medical treatment or the ability to make an informed health care decision as determined by a health care provider experienced in this type of assessment.   (5) "Health care facility" means a hospital, critical access hospital, or facility providing skilled nursing care as those terms are defined in 50-5-101.   (6) "Health care provider" means any individual licensed or certified by the state to provide health care.   (7) "Interested person" means a patient's:   (a) spouse;   (b) parent;   (c) adult child, sibling, or grandchild; or   (d) close friend.   (8) "Medical proxy decisionmaker" means a physician or advanced practice registered nurse designated by the attending health care provider.   (9) "Physician" means an individual licensed pursuant to Title 37, chapter 3.   (10) "Physician assistant" means an individual licensed pursuant to Title 37, chapter 20, whose duties and delegation agreement authorizes the individual to undertake the activities allowed under this part.   (11) (a) "Lay proxy decisionmaker" means an interested person selected pursuant to this part authorized to make medical decisions and discharge and transfer dispositions for a patient who lacks decisional capacity.   (b) The term does not include the patient's attending health care provider.   History: En. Sec. 1, Ch. 285, L. 2017.
MT Code § 50-5-1302 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 5. Hospitals and Related Facilities|Part 13. Proxy Decisionmakers|50-5-1302. Determination of decisional capacity -- use of proxy decisionmaker

  50-5-1302. Determination of decisional capacity -- use of proxy decisionmaker. (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 to the cause, nature, and projected duration of the patient's lack of decisional capacity. The findings must be included in the patient's medical record.   (b) Health care providers must use evidence-based methodologies for determining decisionmaking capacity. The method used to determine decisionmaking capacity may be selected in collaboration with a medical ethics committee.   (c) Patients with chronic cognitive disabilities may require assessment by health care providers familiar with the patient's specific disability. If available, health care providers familiar with the patient's chronic cognitive disability must be consulted to assess decisionmaking capacity.   (d) Patients for whom English is a second language must be assessed by a health care provider in the presence of an interpreter who is fluent in the patient's primary language. Patients who communicate using American sign language must be assessed in the presence of an interpreter fluent in American sign language.   (3) A health care provider or health care facility may rely in good faith upon the medical treatment decision of a proxy decisionmaker selected or appointed in accordance with this part if an adult patient's attending health care provider determines that the patient lacks decisional capacity and the patient does not have:   (a) a guardian with medical decisionmaking authority;   (b) an agent appointed in a medical durable power of attorney; or   (c) any other known person with the legal authority to provide consent or refusal of medical treatment on the patient's behalf.   (4) Guardianship proceedings may be initiated by the health care facility in the absence of family or interested parties at the same time that a proxy decisionmaker is selected to meet the patient's current decisional needs. If a guardian is appointed, the guardian shall assume the proxy decisionmaker role.   History: En. Sec. 2, Ch. 285, L. 2017.