reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 2. Professional Review Committees › 50-16-202. Committees to have access to information

50-16-202. Committees to have access to information.
It is in the interest of public health and patient medical care that health care facility committees have access to the records and other health care information relating to the condition and treatment of patients in the health care facility to study and evaluate for the purpose of evaluating matters relating to the care and treatment of patients for research purposes and for the purpose of reducing morbidity or mortality and obtaining statistics and information relating to the prevention and treatment of diseases, illnesses, and injuries. To carry out these purposes, any health care facility and its agents and employees may provide medical records or other health care information relating to the condition and treatment of any patient in the health care facility to any utilization review, peer review, medical ethics review, quality assurance, or quality improvement committee of the health care facility.
History: En. Sec. 1, Ch. 104, L. 1969; R.C.M. 1947, 69-6301(part); amd. Sec. 2, Ch. 359, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 2. Professional Review Committees › 50-16-203. Committee health care information and proceedings confidential and privileged

50-16-203. Committee health care information and proceedings confidential and privileged.
All records and health care information referred to in 50-16-202 are confidential and privileged to the committee and the members of the committee as though the health care facility patients were the patients of the members of the committee. All proceedings, records, and reports of committees are confidential and privileged.
History: En. Sec. 1, Ch. 104, L. 1969; R.C.M. 1947, 69-6301(part); amd. Sec. 3, Ch. 359, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 2. Professional Review Committees › 50-16-204. Restrictions on use or publication of information

50-16-204. Restrictions on use or publication of information.
A utilization review, peer review, medical ethics review, quality assurance, or quality improvement committee of a health care facility may use or publish health care information only for the purpose of evaluating matters of medical care, therapy, and treatment for research and statistical purposes. Neither a committee nor the members, agents, or employees of a committee shall disclose the name or identity of any patient whose records have been studied in any report or publication of findings and conclusions of a committee, but a committee and its members, agents, or employees shall protect the identity of any patient whose condition or treatment has been studied and may not disclose or reveal the name of any health care facility patient.
History: En. Sec. 2, Ch. 104, L. 1969; R.C.M. 1947, 69-6302; amd. Sec. 4, Ch. 359, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 2. Professional Review Committees › 50-16-205. Data confidential -- inadmissible in judicial proceedings

50-16-205. Data confidential -- inadmissible in judicial proceedings.
All data is confidential and is not discoverable or admissible in evidence in any judicial proceeding. However, this section does not affect the discoverability or admissibility in evidence of health care information that is not data as defined in 50-16-201.
History: En. Sec. 3, Ch. 104, L. 1969; R.C.M. 1947, 69-6303; amd. Sec. 5, Ch. 359, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 3. Confidentiality of Health Care Information (Repealed) › 50-16-301. Repealed

50-16-301. Repealed.
Sec. 31, Ch. 632, L. 1987.
History: En. Sec. 1, Ch. 578, L. 1979.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 3. Confidentiality of Health Care Information (Repealed) › 50-16-302. Repealed

50-16-302. Repealed.
Sec. 31, Ch. 632, L. 1987.
History: En. Sec. 2, Ch. 578, L. 1979.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 3. Confidentiality of Health Care Information (Repealed) › 50-16-303. Repealed

50-16-303. Repealed.
Sec. 31, Ch. 632, L. 1987.
History: En. Sec. 6, Ch. 578, L. 1979.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 3. Confidentiality of Health Care Information (Repealed) › 50-16-304. Repealed

50-16-304. Repealed.
Sec. 31, Ch. 632, L. 1987.
History: En. Sec. 8, Ch. 578, L. 1979.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 3. Confidentiality of Health Care Information (Repealed) › 50-16-305. Repealed

50-16-305. Repealed.
Sec. 31, Ch. 632, L. 1987.
History: En. Sec. 7, Ch. 578, L. 1979.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 3. Confidentiality of Health Care Information (Repealed) › 50-16-311. Repealed

50-16-311. Repealed.
Sec. 31, Ch. 632, L. 1987.
History: En. Sec. 3, Ch. 578, L. 1979; amd. Sec. 1, Ch. 725, L. 1985.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 3. Confidentiality of Health Care Information (Repealed) › 50-16-312. Repealed

50-16-312. Repealed.
Sec. 31, Ch. 632, L. 1987.
History: En. Sec. 4, Ch. 578, L. 1979.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 3. Confidentiality of Health Care Information (Repealed) › 50-16-313. Repealed

50-16-313. Repealed.
Sec. 31, Ch. 632, L. 1987.
History: En. Sec. 4, Ch. 578, L. 1979.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 3. Confidentiality of Health Care Information (Repealed) › 50-16-314. Repealed

50-16-314. Repealed.
Sec. 31, Ch. 632, L. 1987.
History: En. Sec. 5, Ch. 578, L. 1979.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 5. Uniform Health Care Information › 50-16-502. Legislative findings

50-16-502. Legislative findings.
The legislature finds that:
(1) health care information is personal and sensitive information that if improperly used or released may do significant harm to a patient's interests in privacy and health care or other interests;
(2) patients need access to their own health care information as a matter of fairness, to enable them to make informed decisions about their health care and to correct inaccurate or incomplete information about themselves;
(3) in order to retain the full trust and confidence of patients, health care providers have an interest in ensuring that health care information is not improperly disclosed and in having clear and certain rules for the disclosure of health care information;
(4) persons other than health care providers obtain, use, and disclose health record information in many different contexts and for many different purposes. It is the public policy of this state that a patient's interest in the proper use and disclosure of the patient's health care information survives even when the information is held by persons other than health care providers.
(5) the movement of patients and their health care information across state lines, access to and exchange of health care information from automated data banks, and the emergence of multistate health care providers creates a compelling need for uniform law, rules, and procedures governing the use and disclosure of health care information.
(6) the enactment of federal health care privacy legislation and the adoption of rules pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. 1320d, et seq., require health care providers subject to that legislation to provide significant privacy protection for health care information and the provisions of this part are no longer necessary for those health care providers; and
(7) because the provisions of HIPAA do not apply to some health care providers, it is important that these health care providers continue to adhere to this part.
History: En. Sec. 2, Ch. 632, L. 1987; amd. Sec. 6, Ch. 396, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 5. Uniform Health Care Information › 50-16-503. Uniformity of application and construction

50-16-503. Uniformity of application and construction.
This part must be applied and construed to effectuate their general purpose to make uniform the laws with respect to the treatment of health care information among states enacting them.
History: En. Sec. 3, Ch. 632, L. 1987.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 5. Uniform Health Care Information › 50-16-505. Limit on applicability

50-16-505. Limit on applicability.
The provisions of this part apply only to a health care provider that is not subject to the privacy provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. 1320d, et seq., and administrative rules adopted in connection with HIPAA.
History: En. Sec. 8, Ch. 396, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 5. Uniform Health Care Information › 50-16-511. Duty to adopt security safeguards

50-16-511. Duty to adopt security safeguards.
A health care provider shall effect reasonable safeguards for the security of all health care information it maintains.
History: En. Sec. 21, Ch. 632, L. 1987.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 5. Uniform Health Care Information › 50-16-512. Content and dissemination of notice

50-16-512. Content and dissemination of notice.
(1) A health care provider who provides health care at a health care facility that the provider operates and who maintains a record of a patient's health care information shall create a notice of information practices, in substantially the following form:
NOTICE
"We keep a record of the health care services we provide for you. You may ask us to see and copy that record. You may also ask us to correct that record. We will not disclose your record to others unless you direct us to do so or unless the law authorizes or compels us to do so. You may see your record or get more information about it at ............"
(2) The health care provider shall post a copy of the notice of information practices in a conspicuous place in the health care facility and upon request provide patients or prospective patients with a copy of the notice.
History: En. Sec. 18, Ch. 632, L. 1987.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 5. Uniform Health Care Information › 50-16-513. Retention of record

50-16-513. Retention of record.
A health care provider shall maintain a record of existing health care information for at least 1 year following receipt of an authorization to disclose that health care information under 50-16-526 and during the pendency of a request for examination and copying under 50-16-541 or a request for correction or amendment under 50-16-543.
History: En. Sec. 22, Ch. 632, L. 1987.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 5. Uniform Health Care Information › 50-16-521. Health care representatives

50-16-521. Health care representatives.
(1) A person authorized to consent to health care for another may exercise the rights of that person under this part to the extent necessary to effectuate the terms or purposes of the grant of authority. If the patient is a minor and is authorized under 41-1-402 to consent to health care without parental consent, only the minor may exclusively exercise the rights of a patient under this part as to information pertaining to health care to which the minor lawfully consented.
(2) A person authorized to act for a patient shall act in good faith to represent the best interests of the patient.
History: En. Sec. 19, Ch. 632, L. 1987.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 5. Uniform Health Care Information › 50-16-522. Representative of deceased patient

50-16-522. Representative of deceased patient.
Except as provided in 50-19-402, a personal representative of a deceased patient may exercise all of the deceased patient's rights under this part. If there is no personal representative or upon discharge of the personal representative, a deceased patient's rights under this part may be exercised by the surviving spouse, a parent, an adult child, an adult sibling, or any other person who is authorized by law to act for the deceased patient.
History: En. Sec. 20, Ch. 632, L. 1987; amd. Sec. 1, Ch. 657, L. 1989; amd. Sec. 1824, Ch. 56, L. 2009; amd. Sec. 1, Ch. 67, L. 2013; amd. Sec. 7, Ch. 353, L. 2013; amd. Sec. 6, Ch. 235, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 5. Uniform Health Care Information › 50-16-525. Disclosure by health care provider

50-16-525. Disclosure by health care provider.
(1) Except as authorized in 50-16-529, 50-16-530, and 50-19-402 or as otherwise specifically provided by law or the Montana Rules of Civil Procedure, a health care provider, an individual who assists a health care provider in the delivery of health care, or an agent or employee of a health care provider may not disclose health care information about a patient to any other person without the patient's written authorization. A disclosure made under a patient's written authorization must conform to the authorization.
(2) A health care provider shall maintain, in conjunction with a patient's recorded health care information, a record of each person who has received or examined, in whole or in part, the recorded health care information during the preceding 3 years, except for a person who has examined the recorded health care information under 50-16-529(1) or (2). The record of disclosure must include the name, address, and institutional affiliation, if any, of each person receiving or examining the recorded health care information, the date of the receipt or examination, and to the extent practicable a description of the information disclosed.
History: En. Sec. 5, Ch. 632, L. 1987; amd. Sec. 2, Ch. 657, L. 1989; amd. Sec. 8, Ch. 519, L. 1997; amd. Sec. 8, Ch. 353, L. 2013; amd. Sec. 7, Ch. 235, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 5. Uniform Health Care Information › 50-16-526. Patient authorization to health care provider for disclosure

50-16-526. Patient authorization to health care provider for disclosure.
(1) A patient may authorize a health care provider to disclose the patient's health care information. A health care provider shall honor an authorization and, if requested, provide a copy of the recorded health care information unless the health care provider denies the patient access to health care information under 50-16-542.
(2) A health care provider may charge a reasonable fee, not to exceed the fee provided for in 50-16-540, and is not required to honor an authorization until the fee is paid.
(3) To be valid, a disclosure authorization to a health care provider must:
(a) be in writing, dated, and signed by the patient;
(b) identify the nature of the information to be disclosed; and
(c) identify the person to whom the information is to be disclosed.
(4) Except as provided by this part, the signing of an authorization by a patient is not a waiver of any rights a patient has under other statutes, the Montana Rules of Evidence, or common law.
History: En. Sec. 6, Ch. 632, L. 1987; amd. Sec. 3, Ch. 300, L. 1999.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 5. Uniform Health Care Information › 50-16-528. Patient's revocation of authorization for disclosure

50-16-528. Patient's revocation of authorization for disclosure.
A patient may revoke a disclosure authorization to a health care provider at any time unless disclosure is required to effectuate payments for health care that has been provided or other substantial action has been taken in reliance on the authorization. A patient may not maintain an action against the health care provider for disclosures made in good faith reliance on an authorization if the health care provider had no notice of the revocation of the authorization.
History: En. Sec. 8, Ch. 632, L. 1987.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 5. Uniform Health Care Information › 50-16-530. Disclosure without patient's authorization

50-16-530. Disclosure without patient's authorization.
A health care provider may disclose health care information about a patient without the patient's authorization if the disclosure is:
(1) directory information, unless the patient has instructed the health care provider not to make the disclosure;
(2) to federal, state, or local public health authorities, to the extent the health care provider is required by law to report health care information or when needed to protect the public health;
(3) to federal, state, or local law enforcement authorities to the extent required by law;
(4) to a law enforcement officer about the general physical condition of a patient being treated in a health care facility if the patient was injured on a public roadway or was injured by the possible criminal act of another;
(5) in response to a request of the office of victims services for information under 53-9-104(2)(b);
(6) pursuant to compulsory process in accordance with 50-16-535 and 50-16-536;
(7) pursuant to 50-16-712; or
(8) to the state medical examiner or a county coroner for use in determining cause of death. The information is required to be held confidential as provided by law.
History: En. Sec. 10, Ch. 632, L. 1987; amd. Sec. 1, Ch. 68, L. 1989; amd. Sec. 2, Ch. 396, L. 1995; amd. Sec. 1, Ch. 101, L. 2001; amd. Sec. 2, Ch. 124, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 5. Uniform Health Care Information › 50-16-531. Immunity of health care providers pursuant to written authorization -- form required

50-16-531. Immunity of health care providers pursuant to written authorization -- form required.
A health care provider who discloses health care information within the possession of the provider, including health care information from another provider, is immune from any civil cause of action by the patient or the patient's heirs or successors in interest that is based upon delivery to the patient or the patient's designee of health care information concerning the patient that is contained in the health care provider's patient file if the information is disclosed in accordance with a written authorization using the following language:
"All health care information in your possession, whether generated by you or by any other source, may be released to me or to ...............(named person) for ...............(purpose of the disclosure). This release is subject to revocation at any time. The revocation is effective from the time it is communicated to the health care provider. If not revoked, the release terminates in accordance with 50-16-527.
...............................
(Signature of patient)"
History: En. Sec. 1, Ch. 469, L. 1993.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 5. Uniform Health Care Information › 50-16-535. When health care information available by compulsory process

50-16-535. When health care information available by compulsory process.
(1) Health care information may not be disclosed by a health care provider pursuant to compulsory legal process or discovery in any judicial, legislative, or administrative proceeding unless:
(a) the patient has authorized in writing the release of the health care information in response to compulsory process or a discovery request;
(b) the patient has waived the right to claim confidentiality for the health care information sought;
(c) the patient is a party to the proceeding and has placed the patient's physical or mental condition in issue;
(d) the patient's physical or mental condition is relevant to the execution or witnessing of a will or other document;
(e) the physical or mental condition of a deceased patient is placed in issue by any person claiming or defending through or as a beneficiary of the patient;
(f) a patient's health care information is to be used in the patient's commitment proceeding;
(g) the health care information is for use in any law enforcement proceeding or investigation in which a health care provider is the subject or a party, except that health care information so obtained may not be used in any proceeding against the patient unless the matter relates to payment for the patient's health care or unless authorized under subsection (1)(j);
(h) the health care information is relevant to a proceeding brought under 50-16-551 through 50-16-553;
(i) the health care information is relevant to a proceeding brought under Title 41, chapter 3;
(j) a court has determined that particular health care information is subject to compulsory legal process or discovery because the party seeking the information has demonstrated that there is a compelling state interest that outweighs the patient's privacy interest; or
(k) the health care information is requested pursuant to an investigative subpoena issued under 46-4-301 or a similar federal law.
(2) This part does not authorize the disclosure of health care information by compulsory legal process or discovery in any judicial, legislative, or administrative proceeding in which disclosure is otherwise prohibited by law.
History: En. Sec. 11, Ch. 632, L. 1987; amd. Sec. 4, Ch. 657, L. 1989; amd. Sec. 9, Ch. 396, L. 2003; amd. Sec. 24, Ch. 504, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 5. Uniform Health Care Information › 50-16-540. Reasonable fees allowed

50-16-540. Reasonable fees allowed.
A reasonable fee for providing health care information may not exceed 50 cents for each page for a paper copy or photocopy. A reasonable fee may include an administrative fee that may not exceed $15 for searching and handling recorded health care information.
History: En. Sec. 1, Ch. 300, L. 1999.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 5. Uniform Health Care Information › 50-16-541. Requirements and procedures for patient's examination and copying

50-16-541. Requirements and procedures for patient's examination and copying.
(1) Upon receipt of a written request from a patient to examine or copy all or part of the patient's recorded health care information, a health care provider, as promptly as required under the circumstances but no later than 10 days after receiving the request, shall:
(a) make the information available to the patient for examination, without charge, during regular business hours or provide a copy, if requested, to the patient;
(b) inform the patient if the information does not exist or cannot be found;
(c) if the health care provider does not maintain a record of the information, inform the patient and provide the name and address, if known, of the health care provider who maintains the record;
(d) if the information is in use or unusual circumstances have delayed handling the request, inform the patient and specify in writing the reasons for the delay and the earliest date, not later than 21 days after receiving the request, when the information will be available for examination or copying or when the request will be otherwise disposed of; or
(e) deny the request in whole or in part under 50-16-542 and inform the patient.
(2) Upon request, the health care provider shall provide an explanation of any code or abbreviation used in the health care information. If a record of the particular health care information requested is not maintained by the health care provider in the requested form, the health care provider is not required to create a new record or reformulate an existing record to make the information available in the requested form. The health care provider may charge a reasonable fee for each request, not to exceed the fee provided for in 50-16-540, for providing the health care information and is not required to provide copies until the fee is paid.
History: En. Sec. 13, Ch. 632, L. 1987; amd. Sec. 5, Ch. 300, L. 1999.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 5. Uniform Health Care Information › 50-16-542. Denial of examination and copying

50-16-542. Denial of examination and copying.
(1) A health care provider may deny access to health care information by a patient if the health care provider reasonably concludes that:
(a) knowledge of the health care information would be injurious to the health of the patient;
(b) knowledge of the health care information could reasonably be expected to lead to the patient's identification of an individual who provided the information in confidence and under circumstances in which confidentiality was appropriate;
(c) knowledge of the health care information could reasonably be expected to cause danger to the life or safety of any individual;
(d) the health care information is data, as defined in 50-16-201, that is compiled and used solely for utilization review, peer review, medical ethics review, quality assurance, or quality improvement;
(e) the health care information might contain information protected from disclosure pursuant to 50-15-121 and 50-15-122;
(f) the health care provider obtained the information from a person other than the patient; or
(g) access to the health care information is otherwise prohibited by law.
(2) Except as provided in 50-16-521, a health care provider may deny access to health care information by a patient who is a minor if:
(a) the patient is committed to a mental health facility; or
(b) the patient's parents or guardian has not authorized the health care provider to disclose the patient's health care information.
(3) If a health care provider denies a request for examination and copying under this section, the provider, to the extent possible, shall segregate health care information for which access has been denied under subsection (1) from information for which access cannot be denied and permit the patient to examine or copy the information subject to disclosure.
(4) If a health care provider denies a patient's request for examination and copying, in whole or in part, under subsection (1)(a) or (1)(c), the provider shall permit examination and copying of the record by the patient's spouse, adult child, or parent or guardian or by another health care provider who is providing health care services to the patient for the same condition as the health care provider denying the request. The health care provider denying the request shall inform the patient of the patient's right to select another health care provider under this subsection.
History: En. Sec. 14, Ch. 632, L. 1987; amd. Sec. 6, Ch. 657, L. 1989; amd. Sec. 19, Ch. 515, L. 1995; amd. Sec. 6, Ch. 359, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 5. Uniform Health Care Information › 50-16-543. Request for correction or amendment

50-16-543. Request for correction or amendment.
(1) For purposes of accuracy or completeness, a patient may request in writing that a health care provider correct or amend its record of the patient's health care information to which the provider has access under 50-16-541.
(2) As promptly as required under the circumstances but no later than 10 days after receiving a request from a patient to correct or amend its record of the patient's health care information, the health care provider shall:
(a) make the requested correction or amendment and inform the patient of the action and of the patient's right to have the correction or amendment sent to previous recipients of the health care information in question;
(b) inform the patient if the record no longer exists or cannot be found;
(c) if the health care provider does not maintain the record, inform the patient and provide the patient with the name and address, if known, of the person who maintains the record;
(d) if the record is in use or unusual circumstances have delayed the handling of the correction or amendment request, inform the patient and specify in writing the earliest date, not later than 21 days after receiving the request, when the correction or amendment will be made or when the request will otherwise be disposed of; or
(e) inform the patient in writing of the provider's refusal to correct or amend the record as requested, the reason for the refusal, and the patient's right to add a statement of disagreement and to have that statement sent to previous recipients of the disputed health care information.
History: En. Sec. 15, Ch. 632, L. 1987; amd. Sec. 1825, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 5. Uniform Health Care Information › 50-16-544. Procedure for adding correction, amendment, or statement of disagreement

50-16-544. Procedure for adding correction, amendment, or statement of disagreement.
(1) In making a correction or amendment, the health care provider shall:
(a) add the amending information as a part of the health record; and
(b) mark the challenged entries as corrected or amended entries and indicate the place in the record where the corrected or amended information is located, in a manner practicable under the circumstances.
(2) If the health care provider maintaining the record of the patient's health care information refuses to make the patient's proposed correction or amendment, the provider shall:
(a) permit the patient to file as a part of the record of the patient's health care information a concise statement of the correction or amendment requested and the reasons for the correction or amendment; and
(b) mark the challenged entry to indicate that the patient claims the entry is inaccurate or incomplete and indicate the place in the record where the statement of disagreement is located, in a manner practicable under the circumstances.
History: En. Sec. 16, Ch. 632, L. 1987; amd. Sec. 1826, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 5. Uniform Health Care Information › 50-16-545. Dissemination of corrected or amended information or statement of disagreement

50-16-545. Dissemination of corrected or amended information or statement of disagreement.
(1) A health care provider, upon request of a patient, shall take reasonable steps to provide copies of corrected or amended information or of a statement of disagreement to all persons designated by the patient and identified in the health care information as having examined or received copies of the information sought to be corrected or amended.
(2) A health care provider may charge the patient a reasonable fee, not exceeding the fee provided for in 50-16-540, for distributing corrected or amended information or the statement of disagreement, unless the provider's error necessitated the correction or amendment.
History: En. Sec. 17, Ch. 632, L. 1987; amd. Sec. 6, Ch. 300, L. 1999.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 5. Uniform Health Care Information › 50-16-551. Criminal penalty

50-16-551. Criminal penalty.
(1) A person who by means of bribery, theft, or misrepresentation of identity, purpose of use, or entitlement to the information examines or obtains, in violation of this part, health care information maintained by a health care provider is guilty of a misdemeanor and upon conviction is punishable by a fine not exceeding $10,000 or imprisonment for a period not exceeding 1 year, or both.
(2) A person who, knowing that a certification under 50-16-536(2) or a disclosure authorization under 50-16-526 and 50-16-527 is false, purposely presents the certification or disclosure authorization to a health care provider is guilty of a misdemeanor and upon conviction is punishable by a fine not exceeding $10,000 or imprisonment for a period not exceeding 1 year, or both.
History: En. Sec. 23, Ch. 632, L. 1987.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 5. Uniform Health Care Information › 50-16-552. Civil enforcement

50-16-552. Civil enforcement.
The attorney general or appropriate county attorney may maintain a civil action to enforce this part. The court may order any relief authorized by 50-16-553.
History: En. Sec. 24, Ch. 632, L. 1987.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 5. Uniform Health Care Information › 50-16-553. Civil remedies

50-16-553. Civil remedies.
(1) A person aggrieved by a violation of this part may maintain an action for relief as provided in this section.
(2) The court may order the health care provider or other person to comply with this part and may order any other appropriate relief.
(3) A health care provider who relies in good faith upon a certification pursuant to 50-16-536(2) is not liable for disclosures made in reliance on that certification.
(4) A disciplinary or punitive action may not be taken against a health care provider or the provider's employee or agent who brings evidence of a violation of this part to the attention of the patient or an appropriate authority.
(5) In an action by a patient alleging that health care information was improperly withheld under 50-16-541 and 50-16-542, the burden of proof is on the health care provider to establish that the information was properly withheld.
(6) If the court determines that there is a violation of this part, the aggrieved person is entitled to recover damages for pecuniary losses sustained as a result of the violation and, in addition, if the violation results from willful or grossly negligent conduct, the aggrieved person may recover not in excess of $5,000, exclusive of any pecuniary loss.
(7) If a plaintiff prevails, the court may assess reasonable attorney fees and all other expenses reasonably incurred in the litigation.
(8) An action under this part is barred unless the action is commenced within 3 years after the cause of action accrues.
History: En. Sec. 25, Ch. 632, L. 1987; amd. Sec. 1827, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 6. Government Health Care Information › 50-16-602. Definitions

50-16-602. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Department" means the department of public health and human services provided for in 2-15-2201.
(2) (a) "Health care information" means information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of an individual, including one who is deceased, and that relates to that individual's health care or status. The term includes any record of disclosures of health care information and any information about an individual received pursuant to state law or rules relating to communicable disease.
(b) The term does not include vital statistics information gathered under Title 50, chapter 15.
(3) "Local board" means a county, city, city-county, or district board of health provided for in Title 50, chapter 2, part 1.
(4) "Local health officer" means a county, city, city-county, or district health officer appointed by a local board.
History: En. Sec. 2, Ch. 481, L. 1989; amd. Sec. 109, Ch. 418, L. 1995; amd. Sec. 286, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 6. Government Health Care Information › 50-16-603. Confidentiality of health care information

50-16-603. Confidentiality of health care information.
Health care information in the possession of the department, a local board, a local health officer, or the entity's authorized representatives may not be released except:
(1) for statistical purposes, if no identification of individuals can be made from the information released;
(2) when the health care information pertains to a person who has given written consent to the release and has specified the type of information to be released and the person or entity to whom it may be released;
(3) to medical personnel in a medical emergency as necessary to protect the health, life, or well-being of the named person;
(4) as allowed by Title 50, chapters 17 and 18;
(5) to another state or local public health agency, including those in other states, whenever necessary to continue health services to the named person or to undertake public health efforts to prevent or interrupt the transmission of a communicable disease or to alleviate and prevent injury caused by the release of biological, chemical, or radiological agents capable of causing imminent disability, death, or infection;
(6) in the case of a minor, as required by 41-3-201 or pursuant to an investigation or a safety and risk assessment under 41-3-202 or if the health care information is to be presented as evidence in a court proceeding involving child abuse pursuant to Title 41, chapter 3. Documents containing the information must be sealed by the court upon conclusion of the proceedings.
(7) to medical personnel, the department, a local health officer or board, or a district court when necessary to implement or enforce state statutes or state or local health rules concerning the prevention or control of diseases designated as reportable pursuant to 50-1-202, if the release does not conflict with any other provision contained in this part.
History: En. Sec. 3, Ch. 481, L. 1989; amd. Sec. 10, Ch. 391, L. 2003; amd. Sec. 26, Ch. 504, L. 2003; amd. Sec. 7, Ch. 382, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 6. Government Health Care Information › 50-16-604. Secondary release of health care information

50-16-604. Secondary release of health care information.
Information released pursuant to 50-16-603 may not be released by the person or entity it is released to unless the release conforms to the requirements of 50-16-603.
History: En. Sec. 4, Ch. 481, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 6. Government Health Care Information › 50-16-605. Judicial, legislative, and administrative proceedings -- testimony

50-16-605. Judicial, legislative, and administrative proceedings -- testimony.
(1) An officer or employee of the department may not be examined in a judicial, legislative, administrative, or other proceeding about the existence or content of records containing individually identifiable health care information, including the results of investigations, unless all individuals whose names appear in the records give written consent to the release of information identifying them.
(2) Subsection (1) does not apply if the health care information is to be released pursuant to 50-16-603(6) and (7).
History: En. Sec. 5, Ch. 481, L. 1989; amd. Sec. 27, Ch. 504, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 6. Government Health Care Information › 50-16-606. Correlation with Uniform Health Care Information Act

50-16-606. Correlation with Uniform Health Care Information Act.
Health care information in the possession of a local board, local health officer, or the department because a health care provider employed by any of these entities provided health care to a patient, either individually or at a public health center or other publicly owned health care facility, is subject to the Uniform Health Care Information Act and not subject to this part.
History: En. Sec. 1, Ch. 432, L. 1991.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 6. Government Health Care Information › 50-16-611. Penalty

50-16-611. Penalty.
A person who knowingly violates the provisions of this part is guilty of a misdemeanor and upon conviction shall be fined not less than $500 or more than $10,000, be imprisoned in the county jail not less than 3 months or more than 1 year, or both.
History: En. Sec. 6, Ch. 481, L. 1989.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 7. Report of Exposure to Infectious Disease › 50-16-701. Definitions

50-16-701. Definitions.
As used in this part, the following definitions apply:
(1) "Airborne infectious disease" means an infectious disease transmitted from person to person by an aerosol, including but not limited to infectious tuberculosis.
(2) "Department" means the department of public health and human services provided for in 2-15-2201.
(3) "Designated officer" means the emergency services organization's representative and the alternate whose names are on record with the department as the persons responsible for notifying an emergency services provider of exposure.
(4) "Emergency services organization" means a public or private organization that provides emergency services to the public.
(5) "Emergency services provider" means a person employed by or acting as a volunteer with an emergency services organization, including but not limited to a law enforcement officer, firefighter, emergency care provider, corrections officer, or ambulance service attendant.
(6) "Exposure" means the subjecting of a person to a risk of transmission of an infectious disease through the commingling of the blood or bodily fluids of the person and a patient or in another manner as defined by department rule.
(7) "Health care facility" has the meaning provided in 50-5-101 and includes a public health center as defined in 7-34-2102.
(8) "Infectious disease" means human immunodeficiency virus infection, hepatitis B, hepatitis C, hepatitis D, communicable pulmonary tuberculosis, meningococcal meningitis, and any other disease capable of being transmitted through an exposure that has been designated by department rule.
(9) "Infectious disease control officer" means the person designated by the health care facility as the person who is responsible for notifying the emergency services provider's designated officer and the department of an infectious disease as provided for in this part and by rule.
(10) "Patient" means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless.
History: En. Sec. 1, Ch. 390, L. 1989; amd. Sec. 1, Ch. 476, L. 1993; amd. Sec. 110, Ch. 418, L. 1995; amd. Sec. 287, Ch. 546, L. 1995; amd. Sec. 13, Ch. 93, L. 1997; amd. Sec. 1, Ch. 146, L. 1999; amd. Sec. 27, Ch. 220, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 7. Report of Exposure to Infectious Disease › 50-16-703. Notification of precautions after exposure to infectious disease

50-16-703. Notification of precautions after exposure to infectious disease.
(1) After a patient is transported to a health care facility and if a physician determines that the transported patient has an infectious disease, the physician shall inform the infectious disease control officer of the health care facility of the determination within 24 hours after the determination is made.
(2) If it is determined that the infectious disease is airborne or a report of exposure was filed concerning the patient under 50-16-702, the health care facility shall provide the notification required by subsection (3) orally within 48 hours after the time of diagnosis and in writing within 72 hours after diagnosis to the designated officer of each emergency services organization known to the health care facility to have provided emergency services to the patient prior to or during transportation to the health care facility.
(3) The notification must state the disease to which the emergency services provider was exposed, the appropriate medical precautions and treatment that the exposed person needs to take, the date on which the patient was transported to the health care facility, and the time that the patient arrived at the facility.
History: En. Sec. 3, Ch. 390, L. 1989; amd. Sec. 3, Ch. 476, L. 1993; amd. Sec. 3, Ch. 146, L. 1999.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 7. Report of Exposure to Infectious Disease › 50-16-704. Confidentiality -- penalty for violation -- immunity from liability

50-16-704. Confidentiality -- penalty for violation -- immunity from liability.
(1) The name of the person diagnosed as having an infectious disease may not be released to anyone, including the emergency services provider who was exposed, nor may the name of the emergency services provider who was exposed be released to anyone other than the emergency services provider, except as required by this part, by department rule concerning reporting of communicable disease, or as allowed by Title 50, chapter 16, part 5.
(2) A person who violates the provisions of this section is guilty of a misdemeanor and upon conviction shall be fined not less than $500 or more than $10,000, be imprisoned in the county jail not less than 3 months or more than 1 year, or both.
(3) A health care facility, a representative of a health care facility, a physician, or the designated officer of an emergency services provider's organization may not be held jointly or severally liable for providing the notification required by 50-16-703 when the notification is made in good faith or for failing to provide the notification if good faith attempts to contact an exposed person of exposure are unsuccessful.
History: En. Sec. 5, Ch. 390, L. 1989; amd. Sec. 4, Ch. 476, L. 1993; amd. Sec. 4, Ch. 146, L. 1999.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 7. Report of Exposure to Infectious Disease › 50-16-705. Rulemaking authority

50-16-705. Rulemaking authority.
The department shall adopt rules to:
(1) define what constitutes an exposure to an infectious disease;
(2) specify the infectious diseases subject to this part;
(3) specify the information about an exposure that must be included in a report of exposure;
(4) specify recommended medical precautions and treatment for each infectious disease subject to this part; and
(5) specify recordkeeping and reporting requirements necessary to ensure compliance with the notification requirements of this part.
History: En. Sec. 4, Ch. 390, L. 1989; amd. Sec. 5, Ch. 476, L. 1993; amd. Sec. 5, Ch. 146, L. 1999.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 16. Health Care Information › Part 7. Report of Exposure to Infectious Disease › 50-16-711. Health care facility and emergency services organization responsibilities for tracking exposure to infectious disease

50-16-711. Health care facility and emergency services organization responsibilities for tracking exposure to infectious disease.
(1) The health care facility and the emergency services organization shall develop internal procedures for implementing the provisions of this part and department rules.
(2) The health care facility must have available at all times a person to receive the form provided for in 50-16-702 containing a report of exposure to infectious disease.
(3) The health care facility shall designate an infectious disease control officer and an alternate who will be responsible for maintaining the required records and notifying designated officers in accordance with the provisions of this part and the rules promulgated under this part and shall provide the names of the designated officer and the alternate to the department.
(4) The emergency services organization shall name a designated officer and an alternate and shall provide their names to the department.
History: En. Sec. 7, Ch. 476, L. 1993; amd. Sec. 6, Ch. 146, L. 1999.