reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 1. General Provisions › 50-5-112. Civil penalties

50-5-112. Civil penalties.
(1) Except as provided in 50-5-121, a person who commits an act prohibited by 50-5-111 is subject to a civil penalty not to exceed $1,000 for each day that a facility is in violation of a provision of part 1 or 2 of this chapter or of a rule, license provision, or order adopted or issued pursuant to part 1 or 2. The department or, upon request of the department, the county attorney of the county in which the health care facility in question is located may petition the court to impose the civil penalty. Venue for an action to collect a civil penalty pursuant to this section is in the county in which the facility is located.
(2) In determining the amount of penalty to be assessed for an alleged violation under this section, the court shall consider:
(a) the gravity of the violation in terms of the degree of physical or mental harm to a resident or patient;
(b) the degree of harm to the health, safety, rights, security, or welfare of a resident or patient;
(c) the degree of deviation committed by the facility from a requirement imposed by part 1 or 2 of this chapter or by a rule, license provision, or order adopted or issued pursuant to part 1 or 2; and
(d) other matters as justice may require.
(3) A penalty collected under this section must be deposited in the state general fund.
(4) In addition to or exclusive of the remedy provided in subsection (1), the department may pursue remedies available for a violation, as provided for in 50-5-108, or any other remedies available to it.
History: En. Sec. 2, Ch. 415, L. 1993; amd. Sec. 42, Ch. 422, L. 1997; amd. Sec. 18, Ch. 535, L. 2021; amd. Sec. 2, Ch. 364, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 1. General Provisions › 50-5-113. Criminal penalties

50-5-113. Criminal penalties.
(1) A person is guilty of a criminal offense under this section if the person knowingly conceals material information about the operation of the facility or does any of the following and by doing so threatens the health or safety of one or more individuals entrusted to the care of the person:
(a) commits an act prohibited by 50-5-111;
(b) omits material information or makes a false statement or representation in an application, record, report, or other document filed, maintained, or used for compliance with the provisions of part 1 or 2 of this chapter or with rules, license provisions, or orders adopted or issued pursuant to part 1 or 2; or
(c) destroys, alters, conceals, or fails to file or maintain any record, information, or application required to be maintained or filed in compliance with a provision of part 1 or 2 of this chapter or in compliance with a rule, license provision, or order adopted or issued pursuant to part 1 or 2.
(2) A person convicted under subsection (1) is subject to a fine of not more than $1,000 for the first offense and not more than $2,000 for each subsequent offense for each day that a facility is in violation of a provision of part 1 or 2 of this chapter or of a rule, license provision, or order adopted or issued pursuant to part 1 or 2.
(3) In determining the amount of penalty to be assessed for an alleged violation under this section, the court shall consider:
(a) the gravity of the violation in terms of the degree of physical or mental harm to a resident or patient;
(b) the degree of harm to the health, safety, rights, security, or welfare of a resident or patient;
(c) the degree of deviation committed by the facility from a requirement imposed by part 1 or 2 of this chapter or by a rule, license provision, or order adopted or issued pursuant to part 1 or 2; and
(d) other matters as justice may require.
(4) Prosecution under this section does not bar enforcement under any other section of this chapter or pursuit of any other appropriate remedy by the department.
(5) Venue for prosecution pursuant to this section is in the county in which the facility is located.
(6) A penalty collected under this section must be deposited in the state general fund.
History: En. Sec. 3, Ch. 415, L. 1993; amd. Sec. 43, Ch. 422, L. 1997; amd. Sec. 19, Ch. 535, L. 2021.
2023 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.
2023 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.
2023 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.
2023 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 -- community benefit and financial assistance requirements -- rulemaking authority

50-5-121. Hospital discrimination based on ability to pay prohibited -- community benefit and financial assistance requirements -- rulemaking authority.
(1) A hospital, critical access hospital, or rural emergency hospital must have in writing a policy applying to all patients, including medicaid and medicare patients, that prohibits discrimination based on a patient's ability to pay.
(2) A hospital, critical access hospital, or rural emergency 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) A hospital operating as a nonprofit health care facility must have in writing:
(i) a financial assistance policy consistent with federal standards and standards established by the department, applicable to the area the hospital serves; and
(ii) a community benefit policy consistent with federal standards and standards established by the department.
(b) A hospital, critical access hospital, or rural emergency hospital operating as a nonprofit health care facility shall:
(i) adhere to the written financial assistance and community benefit policies; and
(ii) make the policies available to the public.
(4) No later than July 1, 2024, the department shall adopt rules to implement the financial assistance and community benefit requirements of this part, which must be specific to the hospital and the area or areas it serves. Rules must include but are not limited to rules that:
(a) define financial assistance and community benefit consistent with federal standards, wherever possible;
(b) establish the standards for community benefit and financial assistance applicable to hospitals operating as nonprofit health care facilities consistent with federal standards, wherever possible; and
(c) establish penalties for failing to comply with 50-5-106 and this section.
History: En. Sec. 2, Ch. 456, L. 2009; amd. Sec. 3, Ch. 364, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 2. Licensing › 50-5-216. Limitation on care provided in adult foster care home

50-5-216. Limitation on care provided in adult foster care home.
(1) Except as provided in this section, the types of care offered by adult foster care homes are limited to light personal care or custodial care and may not include skilled nursing care.
(2) An adult foster care home may be licensed to provide care for an adult receiving state-funded services through the developmental disabilities program of the department or for an adult who resided in the home before reaching 18 years of age, even though the adult is:
(a) in need of skilled nursing care;
(b) in need of medical, physical, or chemical restraint;
(c) nonambulatory or bedridden;
(d) incontinent to the extent that bowel or bladder control is absent; or
(e) unable to self-administer medications.
(3) An adult foster care home that applies for a license under subsection (2) shall provide the department with a copy of the statement required in subsection (4).
(4) A resident of an adult foster care home licensed under subsection (2) must have a certification in the form of a signed statement, renewed on an annual basis, from a physician, a physician assistant, a nurse practitioner, or a registered nurse, whose work is unrelated to the operation of the home and who has actually visited the home within the year covered by the statement and certifies that:
(a) the services available to the resident in the home or in the community, or services that may be brought into the home from the community, including nursing services or therapies, are appropriate for meeting the health care or other needs of the resident; and
(b) the health care status of the resident does not necessitate placing the resident in a more intensive residential service setting.
(5) As used in this section, "skilled nursing care" means 24-hour care supervised by a registered nurse or a licensed practical nurse under the orders of an attending physician.
History: En. Sec. 13, Ch. 366, L. 1995; amd. Sec. 2, Ch. 133, L. 1999; amd. Sec. 24, Ch. 519, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 2. Licensing › 50-5-220. Licensure of outdoor behavioral programs -- exemption

50-5-220. Licensure of outdoor behavioral programs -- exemption.
(1) The department shall provide for licensure of a qualified outdoor behavioral program that accepts public funding. An outdoor behavioral program that does not accept public funds or governmental contracts is exempt from licensure.
(2) The department shall develop administrative rules for licensure that must include program requirements, staff requirements, staff-to-youth ratios, staff training and health requirements, youth admission requirements, water and nutritional requirements, health care and safety, environmental requirements, infectious disease control, transportation, and evacuation. The department may accept accreditation by a nationally recognized accrediting or certifying body but may not require the accreditation.
History: En. Sec. 2, Ch. 348, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 2. Licensing › 50-5-225. Assisted living facilities -- services to residents -- employee background checks

50-5-225. Assisted living facilities -- services to residents -- employee background checks.
(1) An assisted living facility shall, at a minimum, provide or make provisions for:
(a) personal services, such as laundry, housekeeping, food service, and local transportation;
(b) assistance with activities of daily living, as provided for in the facility admission agreement and that do not require the use of a licensed health care professional or a licensed practical nurse;
(c) recreational activities;
(d) assistance with self-medication;
(e) 24-hour onsite supervision by staff; and
(f) assistance in arranging health-related services, such as medical appointments and appointments related to hearing aids, glasses, or dentures.
(2) An assisted living facility may provide, make provisions for, or allow a resident to obtain third-party provider services for:
(a) the administration of medications consistent with applicable laws and regulations; and
(b) skilled nursing care or other skilled services related to temporary, short-term, acute illnesses, which may not exceed 30 consecutive days for one episode or more than a total of 120 days in 1 year.
(3) An assisted living facility shall conduct a background check on all individuals who have accepted employment. The background check may be a name-based background check.
(4) An assisted living facility may not employ a person who:
(a) has been found guilty in a court of law of an offense involving abuse, neglect, exploitation, mistreatment, or misappropriation of property;
(b) has been subject to disciplinary action by a state professional licensing board because of a finding of abuse, neglect, exploitation, mistreatment of residents, or misappropriation of resident property; or
(c) has had a finding entered into the state nurse aide registry concerning abuse, neglect, exploitation, mistreatment of residents, or misappropriation of resident property.
(5) An assisted living facility may provisionally employ an individual pending the results of a background check.
History: En. Sec. 1, Ch. 597, L. 1983; amd. Sec. 3, Ch. 54, L. 2003; amd. Sec. 1, Ch. 362, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 2. Licensing › 50-5-227. Licensing assisted living facilities

50-5-227. Licensing assisted living facilities.
(1) The department shall by rule adopt standards for licensing and operation of assisted living facilities to implement the provisions of 50-5-225 and 50-5-226.
(2) The department may deny, suspend, or revoke the license of an assisted living facility if the department finds a demonstrated pattern of noncompliance with the employee background check requirements of 50-5-225.
(3) The following licensing categories must be used by the department in adopting rules under subsection (1):
(a) category A facility serving residents requiring the level of care as provided for in 50-5-226(2);
(b) category B facility providing skilled nursing care or other skilled services to five or fewer residents who meet the requirements stated in 50-5-226(3);
(c) category C facility providing services to residents with cognitive impairments requiring the level of care stated in 50-5-226(4); or
(d) category D facility providing services to residents with mental disorders who may be a temporary harm to themselves or others and who require the level of care stated in 50-5-226(5).
(4) (a) A single facility meeting the applicable requirements for a category A facility may additionally be licensed to provide category B or category C services with the approval of the department.
(b) If a single facility meeting the applicable requirements as provided in subsection (4)(a) further seeks to be licensed as a category D facility, the facility shall provide documentation that indicates the facility can keep all residents safe.
(5) The department may by rule establish license fees, inspection fees, and fees for patient screening. Fees must be reasonably related to service costs.
History: En. Sec. 3, Ch. 597, L. 1983; amd. Sec. 3, Ch. 590, L. 1993; amd. Sec. 6, Ch. 366, L. 1995; amd. Sec. 256, Ch. 546, L. 1995; amd. Sec. 5, Ch. 54, L. 2003; amd. Sec. 3, Ch. 402, L. 2017; amd. Sec. 2, Ch. 362, L. 2019.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 2. Licensing › 50-5-228. Limited licensing

50-5-228. Limited licensing.
The department may grant a license that is provisional upon the correction of noncompliance with provisions of 50-5-225 through 50-5-228 or rules adopted pursuant to 50-5-225 through 50-5-228. A provisional license may be granted only for a specific period of time and may not be renewed.
History: En. Sec. 4, Ch. 597, L. 1983; amd. Sec. 208, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 2. Licensing › 50-5-232. Patient protection account -- deposit of funds

50-5-232. Patient protection account -- deposit of funds.
(1) There is a patient protection account in the state special revenue fund.
(2) There is deposited in the patient protection account money received by the department in the form of gifts, grants, reimbursements, or appropriations from any source that are intended to be used for the purposes of the account.
(3) The funds deposited in the patient protection account may be used only:
(a) to pay for the costs of a receivership; and
(b) to pay for the cost of department-initiated relocation of residents.
(4) Penalties collected pursuant to part 1 or 2 of this chapter must be deposited in the state general fund.
History: En. Sec. 7, Ch. 415, L. 1993; amd. Sec. 44, Ch. 422, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 2. Licensing › 50-5-233. Designation of critical access hospitals -- adoption of rules

50-5-233. Designation of critical access hospitals -- adoption of rules.
(1) The department may designate as a critical access hospital a facility that:
(a) is:
(i) located more than 35 road miles or, in the case of a facility located in mountainous terrain or where only secondary roads exist, more than 15 road miles from a hospital or another critical access hospital; or
(ii) a necessary provider of health care services to residents of the area where the facility is located;
(b) provides 24-hour emergency care that is necessary for ensuring access to emergency care services in the area served by the facility;
(c) complies with the bed limitations adopted by rule, not to exceed the number specified in 42 U.S.C. 1395i-4(c)(2)(B), (c)(2)(E), and (f);
(d) provides inpatient acute care for a period not exceeding 96 hours, as determined on an average, annual basis for each patient;
(e) complies with the staffing requirements of 42 U.S.C. 1395i-4(c)(2)(B)(iv); and
(f) operates a quality assessment and performance improvement program and follows appropriate procedures for review of utilization of services as specified in 42 U.S.C. 1395x(aa)(2)(I).
(2) The department shall adopt rules to implement this section, including the following:
(a) standards for determining whether the facility qualifies as a necessary provider pursuant to subsection (1)(a)(ii);
(b) standards for determining whether the 24-hour emergency care provided is necessary to ensure that the area served by the facility has adequate access to emergency care services;
(c) procedures for applying for and receiving designation as a critical access hospital; and
(d) designation of the maximum number of beds allowed pursuant to subsection (1)(c) and consistent with federal law.
History: En. Sec. 5, Ch. 192, L. 2001; amd. Sec. 1, Ch. 7, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 2. Licensing › 50-5-235. Hourly limitation waivable by department or department's designee

50-5-235. Hourly limitation waivable by department or department's designee.
The department or the department's designee may waive the 24-hour limitation related to recovery care beds, as defined in 50-5-101, as that limitation applies to a particular bed, if the attending physician of the individual occupying the bed determines that the waiver is medically appropriate. The waiver may be granted by the department before or after the 24-hour limitation is exceeded.
History: En. Sec. 2, Ch. 366, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 2. Licensing › 50-5-238. Licensure of intermediate care facility for developmentally disabled -- rulemaking

50-5-238. Licensure of intermediate care facility for developmentally disabled -- rulemaking.
(1) The department shall adopt procedures for licensing intermediate care facilities for the developmentally disabled. A person may not operate an intermediate care facility for the developmentally disabled without a license. The application for a license must include:
(a) the name and address of the applicant;
(b) the location of the intermediate care facility for the developmentally disabled;
(c) the name of the person or persons who will manage or supervise the intermediate care facility for the developmentally disabled;
(d) the number of persons with developmental disabilities who will receive care at the intermediate care facility for the developmentally disabled; and
(e) other information required by the department by rule.
(2) The department may adopt rules establishing standards for licensing intermediate care facilities for the developmentally disabled. The standards must address the protection of residents' rights, individual resident treatment and habilitation needs, staffing requirements, including qualifications, resident behavior and facility practices, health care services, physical environment, dietetic services, and recordkeeping.
History: En. Sec. 5, Ch. 403, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 2. Licensing › 50-5-245. Department to license specialty hospitals -- standards -- rulemaking -- moratorium

50-5-245. Department to license specialty hospitals -- standards -- rulemaking -- moratorium.
(1) Subject to subsection (4), the department shall license specialty hospitals using the requirements for licensure of hospitals and the procedure provided for in parts 1 and 2 of this chapter.
(2) Prior to approving an application under this section, the department shall adopt rules that are necessary to implement and administer this section.
(3) Notwithstanding the requirements of subsection (1), the department may not accept an application or issue a license for a specialty hospital before July 1, 2009.
(4) A health care facility licensed by the department and in existence on May 8, 2007, may not change its licensure status in order to qualify for licensure as a specialty hospital unless the health care facility is licensed as a hospital and the hospital is not subject to the provisions of 50-5-246 and subsections (5) through (9) of this section.
(5) A specialty hospital meets the 24-hour emergency care requirements for a hospital, as defined in 50-5-101, if it has an agreement with a hospital in the area served by the specialty hospital stating that the hospital will provide 24-hour emergency care to patients of the specialty hospital.
(6) A specialty hospital applying for a license must have:
(a) a financial assistance policy meeting the provisions of 50-5-121 if the hospital will be operating as a nonprofit health care facility or meeting the provisions of subsection (9) of this section, if applicable; and
(b) a joint venture relationship with a hospital; or
(c) a signed statement from a hospital operating as a nonprofit health care facility in the community acknowledging that the hospital declined a bona fide, good faith opportunity to participate in a joint venture with the applicant.
(7) A specialty hospital owned by physicians and proposed as a joint venture with a hospital operating as a nonprofit health care facility in the community may be licensed if:
(a) the majority of partnering physicians hold active privileges with the joint venture hospital; and
(b) the partnering hospital holds an ownership interest of at least 50%.
(8) This section does not prohibit physicians who are partners in a specialty hospital that is proposed as a joint venture from managing the specialty hospital.
(9) The financial assistance policy for a specialty hospital applying as a joint venture with a hospital operating as a nonprofit health care facility in the community must be the same as the policy used by the hospital.
History: En. Sec. 2, Ch. 365, L. 2005; amd. Sec. 3, Ch. 466, L. 2007; amd. Sec. 4, Ch. 456, L. 2009; amd. Sec. 4, Ch. 364, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 2. Licensing › 50-5-246. Specialty hospital application process -- impact study

50-5-246. Specialty hospital application process -- impact study.
(1) The application process for a specialty hospital must include an impact study that analyzes the financial and operational impacts of the proposed specialty hospital on existing health care facilities in the service area.
(2) An applicant for a specialty hospital license shall:
(a) provide the department with a list of independent consultants who could conduct the impact study required under this section; and
(b) pay the costs of the impact study.
(3) The department shall:
(a) approve a consultant to conduct an impact study from among the consultants submitted by the applicant or from a list of consultants known to the department;
(b) determine the scope of the study necessary to assess the potential positive and adverse impacts on access to health care services in the applicant's proposed service area; and
(c) provide an opportunity for public comment and participation in the study process, including the opportunity to comment on the list of consultants provided by an applicant pursuant to subsection (2)(a).
(4) The scope of the study established by the department may include but is not limited to:
(a) the impact on health care costs in the service area;
(b) the impacts on access to emergency care, mental health care, and other subsidized services provided in the service area; and
(c) the operational impacts on existing health care facilities located in the service area.
(5) The impact study must be completed within 180 days of the date the department establishes the scope of the study.
(6) If the department finds, based on the results of the impact study and public comment, that a proposed specialty hospital would adversely affect an existing hospital or the community's access to health care services, the department shall:
(a) impose conditions on the applicant and on the specialty hospital, if licensed, to mitigate the adverse impact on the community; or
(b) deny a license to the applicant.
History: En. Sec. 5, Ch. 456, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 2. Licensing › 50-5-247. Licensure of eating disorder centers -- rulemaking -- definition

50-5-247. Licensure of eating disorder centers -- rulemaking -- definition.
(1) The department shall license eating disorder centers that provide intensive outpatient or partial hospitalization programs for individuals with eating disorders as defined by the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders.
(2) The department shall adopt administrative rules for licensure, including but not limited to rules establishing:
(a) patient-to-staff ratios;
(b) the treatment services that must be available on site or through arrangements with other health care facilities, including crisis and hospital services; and
(c) license and inspection fees. Fees must be reasonably related to service costs.
(3) The rules may not establish requirements that are more stringent than standards established by accrediting entities approved by the U.S. centers for medicare and medicaid services for accreditation of behavioral health care organizations that provide care for individuals with eating disorders.
(4) For the purposes of this section, "partial hospitalization program" means an active treatment program that offers therapeutically intensive, coordinated, structured treatment services to individuals who have been diagnosed with an eating disorder. Services include day, evening, night, and weekend treatment programs that use an integrated, comprehensive, and complementary schedule of recognized treatment or therapeutic activities.
History: En. Sec. 1, Ch. 345, L. 2017; amd. Sec. 4, Ch. 131, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 3. Certificate of Need › 50-5-303. Repealed

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