reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 2. Local Boards of Health › Part 1. General Provisions › 50-2-115. Legal adviser to local boards

50-2-115. Legal adviser to local boards.
The county attorney shall serve as legal adviser to local boards as established by 50-2-104 and 50-2-106. The county attorney shall represent the local board in those matters relating to the functions, powers, and duties of local boards.
History: En. 69-4508.1 by Sec. 1, Ch. 273, L. 1975; R.C.M. 1947, 69-4508.1.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 2. Local Boards of Health › Part 1. General Provisions › 50-2-117. Appointment of local health officer by department when not made by local health board

50-2-117. Appointment of local health officer by department when not made by local health board.
(1) If a local health board does not appoint a health officer, the department may appoint a health officer 30 days after notification in writing has been given to the local health board.
(2) A health officer appointed by the department has the same authority as a health officer appointed by a local health board.
History: En. Sec. 88, Ch. 197, L. 1967; amd. Sec. 108, Ch. 349, L. 1974; R.C.M. 1947, 69-4511; amd. Sec. 1, Ch. 101, L. 1983.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 2. Local Boards of Health › Part 1. General Provisions › 50-2-118. Powers and duties of local health officers

50-2-118. Powers and duties of local health officers.
(1) Except as provided in subsection (3), in order to carry out the purpose of the public health system, in collaboration with federal, state, and local partners, local health officers or their authorized representatives shall:
(a) make inspections for conditions of public health importance and issue written orders for compliance or for correction, destruction, or removal of the condition;
(b) take steps to limit contact between people in order to protect the public health from imminent threats, including but not limited to ordering the closure of buildings or facilities where people congregate and canceling events;
(c) report communicable diseases to the department as required by rule;
(d) establish and maintain quarantine and isolation measures as adopted by the local board of health; and
(e) pursue action with the appropriate court if this chapter or rules adopted by the local board or department under this chapter are violated.
(2) A directive, mandate, or order issued by a local health officer in response to a declaration of emergency or disaster by the governor as allowed in 10-3-303 or by the principal executive officer of a political subdivision as allowed in 10-3-402 and 10-3-403:
(a) remains in effect only during the declared state of emergency or disaster or until the governing body holds a public meeting and allows public comment and the majority of the governing body moves to amend, rescind, or otherwise change the directive, mandate, or order; and
(b) may not interfere with or otherwise limit, modify, or abridge a person's physical attendance at or operation of a religious facility, church, synagogue, or other place of worship.
(3) A local health officer may not enforce a regulation, directive, mandate, or order or issue an order that is in violation of 50-2-116(5).
(4) The prohibitions provided for in 50-2-116(5) do not restrict a local health officer from exercising the local health officer's authority under 50-2-123 or this section to enforce and ensure compliance by private businesses with all lawfully adopted regulations, directives, and orders.
History: En. Sec. 87, Ch. 197, L. 1967; amd. Sec. 2, Ch. 196, L. 1971; amd. Sec. 56, Ch. 349, L. 1974; R.C.M. 1947, 69-4510; amd. Sec. 1, Ch. 200, L. 1979; amd. Sec. 18, Ch. 708, L. 1991; amd. Sec. 8, Ch. 391, L. 2003; amd. Sec. 27, Ch. 474, L. 2003; amd. Sec. 6, Ch. 150, L. 2007; amd. Sec. 9, Ch. 408, L. 2021; amd. Sec. 11, Ch. 166, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 2. Local Boards of Health › Part 1. General Provisions › 50-2-119. Nursing services

50-2-119. Nursing services.
(1) A local board may employ a qualified nurse for nursing services to persons under a physician's care who are confined to their homes.
(2) Before nursing services are provided, a physician must:
(a) determine that the person needs the services of a visiting nurse;
(b) direct the nurse to visit the person;
(c) specify the type and duration of services to be performed by the nurse.
(3) Persons shall pay for the services at rates set by the local board. Local boards, on behalf of persons receiving services, may accept payment from persons or public agencies either directly from or by contract with the person or agency. All payments received shall be deposited in a special county or city fund and used to defray expenses of providing the service.
History: En. Sec. 89, Ch. 197, L. 1967; R.C.M. 1947, 69-4512.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 2. Local Boards of Health › Part 1. General Provisions › 50-2-120. Assistance from law enforcement officials

50-2-120. Assistance from law enforcement officials.
A local health officer may request a sheriff, constable, or other peace officer to assist the health officer in carrying out the provisions of this chapter.
History: En. Sec. 90, Ch. 197, L. 1967; R.C.M. 1947, 69-4513; amd. Sec. 1, Ch. 37, L. 1979; amd. Sec. 1810, Ch. 56, L. 2009; amd. Sec. 1, Ch. 41, L. 2021; amd. Sec. 1, Ch. 97, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 2. Local Boards of Health › Part 1. General Provisions › 50-2-121. Removal of diseased prisoner from jail by local health officer

50-2-121. Removal of diseased prisoner from jail by local health officer.
(1) On written order of a local health officer, a diseased prisoner who is held in a jail and who is considered dangerous to the health of other prisoners may be removed to a hospital or other place of safety.
(2) If the prisoner was committed to jail by order of a court, the order for removal and treatment must be signed by the local health officer and filed with the court.
(3) When the prisoner recovers from the disease, the prisoner must be returned to the jail.
(4) A prisoner removed to a hospital or clinic for treatment may not be considered to have committed an escape.
History: En. Sec. 93, Ch. 197, L. 1967; R.C.M. 1947, 69-4516; amd. Sec. 1811, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 2. Local Boards of Health › Part 1. General Provisions › 50-2-122. Obstructing local health officer in the performance of duties unlawful

50-2-122. Obstructing local health officer in the performance of duties unlawful.
It is unlawful to:
(1) hinder a local health officer in the performance of duties under this chapter;
(2) remove or deface any placard or notice posted by the local health officer; or
(3) violate a quarantine regulation.
History: En. Sec. 94, Ch. 197, L. 1967; R.C.M. 1947, 69-4517; amd. Sec. 1812, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 2. Local Boards of Health › Part 1. General Provisions › 50-2-123. Compliance order authorized

50-2-123. Compliance order authorized.
(1) If a person refuses or neglects to comply with a written order of a state or local health officer within a reasonable time specified in the order, the state or local health officer may cause the order to be complied with and initiate an action to recover any expenses incurred from the person who refused or neglected to comply with the order. The action to recover expenses shall be brought in the name of the city or county.
(2) An order of compliance or action allowed pursuant to subsection (1) may not be initiated for an order that violates 50-2-116(5) or 50-2-118(3).
History: En. Sec. 96, Ch. 197, L. 1967; amd. Sec. 108, Ch. 349, L. 1974; amd. Sec. 3, Ch. 273, L. 1975; R.C.M. 1947, 69-4519(1); amd. Sec. 10, Ch. 408, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 2. Local Boards of Health › Part 1. General Provisions › 50-2-124. Penalties for violations

50-2-124. Penalties for violations.
(1) (a) A person who does not comply with rules adopted by a local board that are not in conflict with 50-2-116(5) or 50-2-118(3) is subject to a civil penalty of not less than $10 or more than $200.
(b) A business entity that does not comply with rules adopted by a local board is subject to a civil penalty of not more than $250.
(2) Except as provided in 50-2-123 and subsection (1) of this section, a person who violates the provisions of this chapter or rules adopted by the department under the provisions of this chapter is guilty of a misdemeanor. On conviction, the person shall be fined not less than $10 or more than $500 or be imprisoned for not more than 90 days, or both.
(3) Each day of violation constitutes a separate offense.
(4) The local board or the county attorney of the county in which a violation described in subsection (1) occurred may petition a court of limited jurisdiction to impose the civil penalties allowed in subsection (1). Venue for an action to collect a civil penalty pursuant to subsection (1) is in the county in which the violation occurred or in a court of limited jurisdiction.
(5) Fines, except justice's court fines, must be paid to the county treasurer of the county in which the violation occurs.
(6) (a) As used in this section, "business entity" means a corporation, association, partnership, limited liability partnership, limited liability company, sole proprietorship, or other legal entity recognized under state law.
(b) The term does not include an individual.
History: En. Sec. 96, Ch. 197, L. 1967; amd. Sec. 108, Ch. 349, L. 1974; amd. Sec. 3, Ch. 273, L. 1975; R.C.M. 1947, 69-4519(2) thru (4); amd. Sec. 2, Ch. 709, L. 1985; amd. Sec. 34, Ch. 557, L. 1987; amd. Sec. 1813, Ch. 56, L. 2009; amd. Sec. 11, Ch. 408, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 2. Local Boards of Health › Part 1. General Provisions › 50-2-130. Local regulations no more stringent than state regulations or guidelines

50-2-130. Local regulations no more stringent than state regulations or guidelines.
(1) After April 14, 1995, except as provided in subsections (2) through (4) or unless required by state law, the local board may not propose for adoption by the local governing body a rule under 50-2-116(1)(j), (2)(c)(iii), or (2)(c)(iv) that is more stringent than the comparable state regulations or guidelines that address the same circumstances. The local board may incorporate by reference comparable state regulations or guidelines.
(2) The local board may propose for adoption by the local governing body a rule to implement 50-2-116(1)(j), (2)(c)(iii), or (2)(c)(iv) that is more stringent than comparable state regulations or guidelines only if the local board makes a written finding, after a public hearing and public comment and based on evidence in the record, that:
(a) the proposed local standard or requirement protects public health or the environment; and
(b) the local board standard or requirement to be imposed can mitigate harm to the public health or environment and is achievable under current technology.
(3) The written finding must reference information and peer-reviewed scientific studies contained in the record that forms the basis for the local board's conclusion. The written finding must also include information from the hearing record regarding the costs to the regulated community that are directly attributable to the proposed local standard or requirement.
(4) (a) A person affected by a rule of the local board adopted after January 1, 1990, and before April 14, 1995, that that person believes to be more stringent than comparable state regulations or guidelines may petition the local board to review the rule. If the local board determines that the rule is more stringent than comparable state regulations or guidelines, the local board shall comply with this section by either revising the rule to conform to the state regulations or guidelines or making the written finding, as provided under subsection (2), within a reasonable period of time, not to exceed 12 months after receiving the petition. A petition under this section does not relieve the petitioner of the duty to comply with the challenged rule. The local board may charge a petition filing fee in an amount not to exceed $250.
(b) A person may also petition the local board for a rule review under subsection (4)(a) if the local board adopts a rule after January 1, 1990, in an area in which no state regulations or guidelines existed and the state government subsequently establishes comparable regulations or guidelines that are less stringent than the previously adopted local board rule.
History: En. Sec. 4, Ch. 471, L. 1995; amd. Sec. 9, Ch. 391, L. 2003; amd. Sec. 19, Ch. 386, L. 2005; amd. Sec. 7, Ch. 150, L. 2007; amd. Sec. 5, Ch. 204, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 3. State Fire Prevention and Investigation Program › Part 1. General Provisions › 50-3-101. Definitions

50-3-101. Definitions.
In this chapter, "department" means the department of justice and "fire prevention and investigation section" means the state fire prevention and investigation section of the department of justice provided for in 2-15-2005.
History: En. 50-3-101 by Code Commissioner, 1979; amd. Sec. 5, Ch. 706, L. 1991; amd. Sec. 12, Ch. 449, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 3. State Fire Prevention and Investigation Program › Part 1. General Provisions › 50-3-103. Rules promulgated by department

50-3-103. Rules promulgated by department.
(1) Rules promulgated by the department by authority of 50-3-102 must be reasonable and calculated to effect the purposes of this chapter. The rules must include but are not limited to requirements for:
(a) design, construction, installation, operation, storage, handling, maintenance, or use of structural requirements for various types of construction;
(b) building restrictions within congested districts;
(c) exit facilities from structures;
(d) fire extinguishers, fire alarm systems, and fire extinguishing systems;
(e) fire emergency drills;
(f) flammable liquids;
(g) application of flammable finishes;
(h) explosives, acetylene, liquefied petroleum gas, and similar products;
(i) calcium carbide and acetylene generators;
(j) flammable motion picture film;
(k) combustible fibers;
(l) hazardous chemicals or materials;
(m) rubbish;
(n) open-flame devices;
(o) parking of vehicles;
(p) dust explosions;
(q) lightning protection;
(r) storage of smokeless powder and small arms primers; and
(s) other special fire hazards.
(2) If rules relate to building and equipment standards covered by the state building code or a county, city, or town building code, the rules are effective upon approval of the department of labor and industry and filing with the secretary of state.
(3) Federal or other nationally recognized standards for fire protection may be adopted in whole or in part by reference.
(4) Rules must be adopted as prescribed in the Montana Administrative Procedure Act.
(5) Rules promulgated by the department may not prevent the installation of an aboveground storage tank in a community, city, or town with a population of 1,500 or less if the tank is installed in conformance with all other applicable laws and regulations.
(6) Rules promulgated by the department may not require diked areas or heat-actuated or other shutoff devices for storage tanks containing class I or class II liquids, as defined in the uniform fire code, intended only for private use on farms and ranches.
(7) A person violating any rule made under the provisions of this part is guilty of a misdemeanor.
History: Ap. p. 82-1202.1 by Sec. 3, Ch. 229, L. 1967; amd. Sec. 1, Ch. 120, L. 1969; amd. Sec. 25, Ch. 366, L. 1969; amd. Sec. 12, Ch. 226, L. 1974; amd. Sec. 1, Ch. 426, L. 1975; Sec. 82-1202.1, R.C.M.; Ap. p. Sec. 1, Ch. 124, L. 1929; amd. Sec. 1, Ch. 18, L. 1943; amd. Sec. 1, Ch. 278, L. 1947; amd. Sec. 93, Ch. 199, L. 1965; amd. Sec. 2, Ch. 229, L. 1967; amd. Sec. 24, Ch. 366, L. 1969; amd. Sec. 12, Ch. 226, L. 1974; amd. Sec. 1, Ch. 169, L. 1975; amd. Sec. 34, Ch. 187, L. 1977; amd. Sec. 2, Ch. 519, L. 1977; Sec. 82-1202, R.C.M. 1947; R.C.M. 1947, 82-1202(3), (4), 82-1202.1(1) thru (3), (5); amd. Sec. 3, Ch. 352, L. 1985; amd. Sec. 4, Ch. 506, L. 1989; amd. Sec. 7, Ch. 706, L. 1991; amd. Sec. 1, Ch. 116, L. 1997; amd. Sec. 1, Ch. 201, L. 1997; amd. Sec. 156, Ch. 483, L. 2001; amd. Sec. 3, Ch. 387, L. 2003; amd. Sec. 2, Ch. 443, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 3. State Fire Prevention and Investigation Program › Part 1. General Provisions › 50-3-104. Repealed

50-3-104. Repealed.
Sec. 37, Ch. 706, L. 1991.
History: En. Sec. 4, Ch. 148, L. 1911; re-en. Sec. 2741, R.C.M. 1921; re-en. Sec. 2741, R.C.M. 1935; R.C.M. 1947, 82-1207.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 3. State Fire Prevention and Investigation Program › Part 1. General Provisions › 50-3-105. Repealed

50-3-105. Repealed.
Sec. 37, Ch. 706, L. 1991.
History: En. Sec. 5, Ch. 148, L. 1911; amd. Sec. 1, Ch. 95, L. 1913; re-en. Sec. 2742, R.C.M. 1921; re-en. Sec. 2742, R.C.M. 1935; amd. Sec. 5, Ch. 229, L. 1967; amd. Sec. 1, Ch. 184, L. 1973; amd. Sec. 20, Ch. 453, L. 1977; R.C.M. 1947, 82-1208(1).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 3. State Fire Prevention and Investigation Program › Part 1. General Provisions › 50-3-106. Appointment of special fire inspectors

50-3-106. Appointment of special fire inspectors.
Special fire inspectors may be appointed to perform any inspection of the fire prevention and investigation section.
History: En. Sec. 5, Ch. 148, L. 1911; amd. Sec. 1, Ch. 95, L. 1913; re-en. Sec. 2742, R.C.M. 1921; re-en. Sec. 2742, R.C.M. 1935; amd. Sec. 5, Ch. 229, L. 1967; amd. Sec. 1, Ch. 184, L. 1973; amd. Sec. 20, Ch. 453, L. 1977; R.C.M. 1947, 82-1208(2); amd. Sec. 1, Ch. 121, L. 1979; amd. Sec. 8, Ch. 706, L. 1991; amd. Sec. 14, Ch. 449, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 3. State Fire Prevention and Investigation Program › Part 1. General Provisions › 50-3-107. Repealed

50-3-107. Repealed.
Sec. 37, Ch. 706, L. 1991.
History: En. Sec. 5, Ch. 148, L. 1911; amd. Sec. 1, Ch. 95, L. 1913; re-en. Sec. 2742, R.C.M. 1921; re-en. Sec. 2742, R.C.M. 1935; amd. Sec. 5, Ch. 229, L. 1967; amd. Sec. 1, Ch. 184, L. 1973; amd. Sec. 20, Ch. 453, L. 1977; R.C.M. 1947, 82-1208(3).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 3. State Fire Prevention and Investigation Program › Part 1. General Provisions › 50-3-108. Repealed

50-3-108. Repealed.
Sec. 37, Ch. 706, L. 1991.
History: En. Sec. 23, Ch. 148, L. 1911; re-en. Sec. 2760, R.C.M. 1921; re-en. Sec. 2760, R.C.M. 1935; amd. Sec. 42, Ch. 177, L. 1965; R.C.M. 1947, 82-1230.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 3. State Fire Prevention and Investigation Program › Part 1. General Provisions › 50-3-109. Tax on fire insurance premiums

50-3-109. Tax on fire insurance premiums.
(1) Each insurer authorized to effect insurance on risks enumerated in subsection (2) that is doing business in this state shall pay to the state auditor during the month of February or March in each year, in addition to the taxes on premiums required by law to be paid by it, taxes on the fire portion of the direct premiums on the enumerated risks received during the previous calendar year after deducting cancellations and return premiums. A tax of 2 1/2% must be deposited in the general fund as provided in 33-2-708.
(2) The risks referred to in subsection (1) are:
(a) insurance of houses, buildings, and all other kinds of property against loss or damage by fire or other casualty;
(b) all kinds of insurance on goods, merchandise, or other property in the course of transportation, whether by land, water, or air;
(c) insurance against loss or damage to motor vehicles resulting from accident, collision, or marine and inland navigation and transportation perils;
(d) insurance of growing crops against loss or damage resulting from hail or the elements;
(e) insurance against loss or damage by water to any goods or premises arising from the breakage or leakage of sprinklers, pumps, or other apparatus;
(f) insurance against loss or legal liability for loss because of damage to property caused by the use of teams or vehicles, whether by accident or collision or by explosion of any engine, tank, boiler, pipe, or tire of any vehicle; and
(g) insurance against theft of the whole or any part of a vehicle.
History: En. Sec. 24, Ch. 148, L. 1911; re-en. Sec. 2761, R.C.M. 1921; re-en. Sec. 2761, R.C.M. 1935; amd. Sec. 1, Ch. 83, L. 1941; amd. Sec. 1, Ch. 162, L. 1947; amd. Sec. 1, Ch. 182, L. 1959; amd. Sec. 1, Ch. 312, L. 1969; amd. Sec. 1, Ch. 110, L. 1971; R.C.M. 1947, 82-1231; amd. Sec. 1, Ch. 703, L. 1991; amd. Sec. 36, Ch. 532, L. 1997; amd. Sec. 79, Ch. 51, L. 1999; amd. Sec. 51, Ch. 380, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 1. General Provisions › 50-4-104. State health care policy

50-4-104. State health care policy.
(1) It is the policy of the state of Montana to continue to investigate and develop strategies that result in all residents having access to quality health services at costs that are affordable.
(2) It is further the policy of the state of Montana that:
(a) Montana's health care system should ensure that care is delivered in the most effective and efficient manner possible;
(b) health promotion, preventative health services, and public health services should play a central role in the system;
(c) the patient-provider relationship should be a fundamental component of Montana's health care system;
(d) individuals should be encouraged to play a significant role in determining their health and appropriate use of the health care system;
(e) accurate and timely health care information should play a significant role in determining the individual's health and appropriate use of the health care system;
(f) whenever possible, market-based approaches should be relied on to contain the growth in health care spending while attempting to achieve expanded access, cost containment, and improved quality; and
(g) the process of health care reform in Montana should be carried out gradually and sequentially to ensure that any undesirable impacts of the state's reform policies on other aspects of the state's economy, particularly on small businesses, are minimized.
(3) The legislature recognizes the need to increase the emphasis on the education of consumers of health care services. Consumers should be educated concerning the health care system, payment for services, ultimate costs of health care services, and the benefit to consumers generally of providing only those services to the consumer that are reasonable and necessary.
History: En. Sec. 2, Ch. 378, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 1. General Provisions › 50-4-105. Limitations of provider agreements -- exception

50-4-105. Limitations of provider agreements -- exception.
(1) Notwithstanding any other provision of law, a provider who has entered into a provider agreement with a person as defined in 33-1-202 is not required to provide a discount or accept payment at the rate agreed to in the provider agreement for health care services that are provided to an insured individual if the payment for the services is made directly or indirectly or is otherwise required to be made:
(a) under casualty insurance as described in 33-1-206; or
(b) under property insurance as described in 33-1-210.
(2) Insurance payments made to a provider of health care services under subsection (1) must be paid according to the terms of the applicable policy or in accordance with any written agreement or contract existing between the provider and the insurer or a person contractually engaged by the insurer to perform services or an insurance function for the insurer. This section does not prohibit negotiations regarding the amount of the billed charges or a reasonable request for additional information or documents in order to evaluate the claim.
(3) An insurer making payment on a claim under a disability insurance policy, member contract, health benefit plan, group health plan, blanket disability insurance policy as defined in 33-22-601, or other medical coverage shall credit toward satisfaction of the insured's deductible, copayment, or coinsurance, if any, any payment made by a casualty or property insurer but only if the payment to be credited is applied to a covered medical expense under the terms of the applicable health policy.
(4) The provisions of this section apply regardless of whether the insured may be considered a third-party beneficiary of the provider agreement.
(5) The provisions of this section do not apply to a direct patient care agreement established pursuant to 50-4-107.
History: En. Sec. 1, Ch. 420, L. 2013; amd. Sec. 12, Ch. 262, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 1. General Provisions › 50-4-106. Definitions

50-4-106. Definitions.
As used in 50-4-106 through 50-4-109, the following definitions apply:
(1) "Direct fee" means a fee charged by a health care provider to a patient or a patient's designee for health care services provided by, or to be provided by, the health care provider to the patient. The term includes a fee in any form, including but not limited to a:
(a) monthly retainer;
(b) membership fee;
(c) subscription fee;
(d) fee paid under a direct patient service agreement; or
(e) fee for a service, visit, or episode of care.
(2) "Direct patient care" means a health care service provided by a health care provider to a patient in return for payment in accordance with a direct fee. The term includes services provided by means of telehealth as defined in 33-22-138.
(3) "Health care provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to provide health care in the ordinary course of business or practice of a profession.
(4) "Health care services" means any care, service, or procedure provided by a health care provider, including medical or psychological diagnosis, treatment, evaluation, advice, or other services that affect the structure or any function of the human body.
History: En. Sec. 1, Ch. 262, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 1. General Provisions › 50-4-107. Direct patient care agreements -- requirements -- prohibition

50-4-107. Direct patient care agreements -- requirements -- prohibition.
(1) A patient or the patient's legal representative may enter into a direct patient care agreement with a health care provider to arrange for health care services for the patient.
(2) A direct patient care agreement must be in writing, and the patient or the patient's legal representative must be given a copy of the written agreement at the time the agreement is signed.
(3) The agreement must:
(a) describe the health care services to be provided in exchange for payment of a direct fee;
(b) specify the direct fee required and any additional fees to be paid by a third party;
(c) specify the patient's payment obligation;
(d) prohibit the provider from charging or receiving additional compensation for health care services included in the direct fee;
(e) prohibit the provider from submitting to a health insurance issuer or a contractor or subcontractor of a health insurance issuer a claim for payment for health care services provided to a patient under a direct patient care agreement;
(f) meet the disclosure requirements of 50-4-108; and
(g) unequivocally provide that the charges for medical services not included in the agreement are the sole responsibility of the patient.
(4) A direct patient care agreement may allow for the direct fee and any additional fees to be paid by a third party.
(5) (a) Either party to a direct patient care agreement may terminate the agreement in writing without penalty or payment of a termination fee:
(i) at any time; or
(ii) after notice as specified in the agreement. The notice requirement may not exceed 60 days.
(b) The agreement must specify the terms of cancellation, including terms that cover relocation or military duty by the patient.
(6) The direct fees paid pursuant to this section are an eligible medical expense for the purposes of 15-61-202.
History: En. Sec. 2, Ch. 262, L. 2021; amd. Sec. 10, Ch. 701, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 1. General Provisions › 50-4-108. Disclosure required

50-4-108. Disclosure required.
A direct patient care agreement must prominently display a written disclaimer that is either printed on or accompanies all application and guideline materials distributed by or on behalf of the agreement. The disclaimer must read substantially as follows:
Notice: The organization facilitating the direct patient care agreement is not an insurance company, and the direct patient care company guidelines and agreement operation are not an insurance policy. The agreement does not meet any individual health insurance mandate that may be required by federal law. Participation in the direct patient care agreement or a subscription to any of its documents should not be considered to be a health insurance policy. Regardless of whether you receive treatment for medical issues through the direct patient care agreement, you are always personally responsible for the payment of any additional medical expenses that you may incur.
History: En. Sec. 3, Ch. 262, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 1. General Provisions › 50-4-109. Interference prohibited

50-4-109. Interference prohibited.
(1) A licensing board for a health care provider or another state agency may not prohibit, interfere with, initiate a legal or administrative proceeding against, or impose a fine or penalty against:
(a) a health care provider solely because the provider provides direct patient care; or
(b) a person solely because the person pays a direct fee for direct patient care.
(2) A health insurance issuer as defined in 33-22-140 or a health care provider may not prohibit, interfere with, initiate a legal or administrative proceeding against, or impose a fine or penalty against:
(a) a health care provider solely because the provider provides direct patient care; or
(b) a person solely because the person pays a direct fee for direct patient care.
History: En. Sec. 4, Ch. 262, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 1. General Provisions › 50-4-111. Health care sharing ministry -- definition -- requirements

50-4-111. Health care sharing ministry -- definition -- requirements.
(1) As used in this section, "health care sharing ministry" means a nonprofit organization:
(a) that is tax-exempt as described in section 501(c)(3) of the Internal Revenue Code and is exempt from taxation under section 501(a);
(b) whose members:
(i) share a common set of ethical or religious beliefs; and
(ii) share medical expenses among members in accordance with those beliefs without regard to the state in which a member resides or is employed;
(c) whose members retain membership even after developing a medical condition;
(d) that conducts an annual audit that is performed by an independent certified public accounting firm in accordance with generally accepted accounting principles and that is made available to the public on request; and
(e) that does not use a compensated or commissioned insurance producer, representative, or other person to solicit or enroll members in this state. This subsection (1)(e) does not apply to:
(i) a salaried person employed by the health care sharing ministry who does not receive a form of commission, compensation, or other valuable consideration based on the enrolling of new members; or
(ii) a new member referral program providing credit for existing members of the health care sharing ministry if the program is limited to credit for no more than six new members annually.
(2) A health care sharing ministry shall provide a written disclaimer in 12-point font on or accompanying all applications or guideline materials distributed by or on behalf of the health care sharing ministry that states in substance:
"NOTICE: The health care sharing ministry facilitating the sharing of medical expenses is not an insurance company and does not use insurance agents or pay commissions to insurance agents. The health care sharing ministry's guidelines and plan of operation are not an insurance policy. Without health care insurance, there is no guarantee that you, a fellow member, or any other person who is a party to the health care sharing ministry agreement will be protected in the event of illness or emergency. Regardless of whether you receive any payment for medical expenses or whether the health care sharing ministry terminates, withdraws from the faith-based agreement, or continues to operate, you are always personally responsible for the payment of your own medical bills. If your participation in the health care sharing ministry ends, state law may subject you to a waiting period before you are able to apply for health insurance coverage."
History: En. Sec. 1, Ch. 422, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 2. Administration (Repealed and Terminated) › 50-4-203. Terminated

50-4-203. Terminated.
Sec. 3, Ch. 517, L. 1997.
History: En. Sec. 3, Ch. 378, L. 1995; amd. Sec. 1, Ch. 517, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 3. State Health Care Reports (Repealed) › 50-4-312. Repealed

50-4-312. Repealed.
Sec. 137, Ch. 114, L. 2003.
History: En. Sec. 1, Ch. 349, L. 1995; amd. sec. 3, Ch. 349, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 4. Health Care Planning Regions (Repealed and Terminated) › 50-4-401. Repealed

50-4-401. Repealed.
Sec. 20, Ch. 378, L. 1995.
History: En. Sec. 17, Ch. 606, L. 1993.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 4. Health Care Planning Regions (Repealed and Terminated) › 50-4-402. Repealed

50-4-402. Repealed.
Sec. 20, Ch. 378, L. 1995.
History: En. Sec. 18, Ch. 606, L. 1993.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 4. Health Care Planning Regions (Repealed and Terminated) › 50-4-403. Terminated

50-4-403. Terminated.
Sec. 3, Ch. 517, L. 1997.
History: En. Sec. 7, Ch. 378, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 5. Patient's Right to Know › 50-4-502. Repealed

50-4-502. Repealed.
Sec. 4, Ch. 206, L. 2003.
History: En. Sec. 19, Ch. 606, L. 1993; amd. Sec. 10, Ch. 378, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 5. Patient's Right to Know › 50-4-504. Definitions

50-4-504. Definitions.
As used in this part, the following definitions apply:
(1) "Health care" includes both physical health care and mental health care.
(2) "Health care provider" or "provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to provide health care in the ordinary course of business or practice of a profession.
(3) "Health insurer" means any health insurance company, health service corporation, health maintenance organization, insurer providing disability insurance as described in 33-1-207, and to the extent permitted under federal law, any administrator of an insured, self-insured, or publicly funded health care benefit plan offered by public and private entities.
History: En. Sec. 11, Ch. 378, L. 1995; amd. Sec. 205, Ch. 42, L. 1997; amd. Sec. 1, Ch. 188, L. 1997; amd. Sec. 97, Ch. 114, L. 2003; amd. Sec. 2, Ch. 206, L. 2003; amd. Sec. 26, Ch. 19, L. 2011.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 5. Patient's Right to Know › 50-4-505. Uniform claim forms and procedures

50-4-505. Uniform claim forms and procedures.
The commissioner of insurance may adopt by rule uniform health insurance claim forms and uniform standards and procedures for the use of the forms and processing of claims, including the submission of claims by means of an electronic claims processing system.
History: En. Sec. 42, Ch. 531, L. 1997; amd. Sec. 98, Ch. 114, L. 2003; amd. Sec. 3, Ch. 206, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 5. Patient's Right to Know › 50-4-510. Short title

50-4-510. Short title.
Sections 50-4-510 through 50-4-512 may be cited as the "Patient's Right to Know the Costs of Medical Procedures Act".
History: En. Sec. 1, Ch. 206, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 5. Patient's Right to Know › 50-4-511. Legislative purpose

50-4-511. Legislative purpose.
The purpose of 50-4-510 through 50-4-512 is to provide health care consumers with better information on the cost of their medical care and to introduce elements of competition into the marketplace.
History: En. Sec. 2, Ch. 206, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 5. Patient's Right to Know › 50-4-512. Disclosures required of health care providers

50-4-512. Disclosures required of health care providers.
(1) Upon request of a patient or a patient's agent, a health care provider, outpatient center for surgical services, clinic, or hospital shall provide the patient or the patient's agent with its estimated charge for a health care service or course of treatment that exceeds $500. The estimate must be provided for a service that a patient is receiving or has been recommended to receive. The estimate must be provided at the time the service is scheduled or within 10 business days of the patient's or agent's request.
(2) The patient or patient's agent may request that the information required under this section be provided in writing or electronically.
(3) The estimated charge:
(a) must represent a good faith effort to provide accurate information to the patient or the patient's agent;
(b) is not a binding contract upon the parties; and
(c) is not a guarantee that the estimated amount will be the charged amount or will account for unforeseen conditions.
History: En. Sec. 3, Ch. 206, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 5. Patient's Right to Know › 50-4-516. Short title

50-4-516. Short title.
Sections 50-4-516 through 50-4-518 may be cited as the "Patient's Right to Know of Insurance Coverage Provisions Act".
History: En. Sec. 3, Ch. 207, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 5. Patient's Right to Know › 50-4-517. Legislative purpose

50-4-517. Legislative purpose.
The purpose of 50-4-516 through 50-4-518 is:
(1) to provide health care consumers with better information regarding the portion of their health care costs that will be paid by their health insurer and the portion that they will have to pay themselves; and
(2) to introduce elements of competition into the marketplace.
History: En. Sec. 4, Ch. 207, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 5. Patient's Right to Know › 50-4-518. Disclosures required of health insurers -- limitations

50-4-518. Disclosures required of health insurers -- limitations.
(1) When requested by an insured or the insured's agent, a health insurer shall provide a summary of the insured's coverage for a specific health care service or course of treatment when an actual charge or estimate of charges by a health care provider, outpatient center for surgical services, clinic, or hospital exceeds $500.
(2) The insured or insured's agent may request that the information required under this section be provided in writing or electronically.
(3) The health insurer shall make a good faith effort to provide accurate information under this section. The health insurer is only required to provide information under this section based upon cost estimates and procedure codes obtained by the insured from the insured's health care provider.
History: En. Sec. 5, Ch. 207, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 6. Certificates of Public Advantage (Repealed) › 50-4-601. Repealed

50-4-601. Repealed.
Sec. 1, Ch. 467, L. 2019.
History: En. Sec. 37, Ch. 606, L. 1993; amd. Sec. 12, Ch. 378, L. 1995; amd. Secs. 1, 10, Ch. 526, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 6. Certificates of Public Advantage (Repealed) › 50-4-602. Repealed

50-4-602. Repealed.
Sec. 1, Ch. 467, L. 2019.
History: En. Sec. 38, Ch. 606, L. 1993; amd. Sec. 2, Ch. 526, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 6. Certificates of Public Advantage (Repealed) › 50-4-603. Repealed

50-4-603. Repealed.
Sec. 1, Ch. 467, L. 2019.
History: En. Sec. 39, Ch. 606, L. 1993; amd. Sec. 13, Ch. 378, L. 1995; amd. Secs. 3, 10, Ch. 526, L. 1995; amd. Sec. 1, Ch. 119, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 6. Certificates of Public Advantage (Repealed) › 50-4-604. Repealed

50-4-604. Repealed.
Sec. 1, Ch. 467, L. 2019.
History: En. Sec. 40, Ch. 606, L. 1993; amd. Sec. 14, Ch. 378, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 6. Certificates of Public Advantage (Repealed) › 50-4-605. Repealed

50-4-605. Repealed.
Sec. 1, Ch. 467, L. 2019.
History: En. Sec. 19, Ch. 378, L. 1995; amd. Sec. 206, Ch. 42, L. 1997; amd. Sec. 2, Ch. 188, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 6. Certificates of Public Advantage (Repealed) › 50-4-609. Repealed

50-4-609. Repealed.
Sec. 1, Ch. 467, L. 2019.
History: En. Sec. 41, Ch. 606, L. 1993; amd. Sec. 15, Ch. 378, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 6. Certificates of Public Advantage (Repealed) › 50-4-610. Repealed

50-4-610. Repealed.
Sec. 1, Ch. 467, L. 2019.
History: En. Sec. 42, Ch. 606, L. 1993; amd. Sec. 16, Ch. 378, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 6. Certificates of Public Advantage (Repealed) › 50-4-611. Repealed

50-4-611. Repealed.
Sec. 1, Ch. 467, L. 2019.
History: En. Sec. 43, Ch. 606, L. 1993; amd. Sec. 17, Ch. 378, L. 1995; amd. Secs. 4, 10, Ch. 526, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 6. Certificates of Public Advantage (Repealed) › 50-4-612. Repealed

50-4-612. Repealed.
Sec. 1, Ch. 467, L. 2019.
History: En. Sec. 44, Ch. 606, L. 1993; amd. Sec. 18, Ch. 378, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 6. Certificates of Public Advantage (Repealed) › 50-4-621. Repealed

50-4-621. Repealed.
Sec. 1, Ch. 467, L. 2019.
History: En. Sec. 5, Ch. 526, L. 1995; amd. Sec. 10, Ch. 526, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 6. Certificates of Public Advantage (Repealed) › 50-4-622. Repealed

50-4-622. Repealed.
Sec. 1, Ch. 467, L. 2019.
History: En. Sec. 6, Ch. 526, L. 1995; amd. Sec. 10, Ch. 526, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 6. Certificates of Public Advantage (Repealed) › 50-4-623. Repealed

50-4-623. Repealed.
Sec. 10, Ch. 17, L. 2013.
History: En. Sec. 7, Ch. 526, L. 1995; amd. Sec. 10, Ch. 526, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 7. Conversion of Nonprofit Health Entity to For-Profit or Mutual Benefit Corporation › 50-4-702. Conversion transaction -- approval

50-4-702. Conversion transaction -- approval.
A person may not engage in a conversion transaction involving a nonprofit health entity unless the commissioner and the attorney general issue orders approving the conversion transaction.
History: En. Sec. 2, Ch. 214, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 7. Conversion of Nonprofit Health Entity to For-Profit or Mutual Benefit Corporation › 50-4-703. Rulemaking authority

50-4-703. Rulemaking authority.
The commissioner and the attorney general may adopt rules to carry out this part, including rules that:
(1) specify the form and content of the written notice, required documents, and supplemental information;
(2) develop procedures under which proprietary business information and trade secrets are protected from public disclosure for the purposes of 50-4-708 to the extent allowed by law; and
(3) establish hearing and appeal procedures.
History: En. Sec. 3, Ch. 214, L. 2005; amd. Sec. 28, Ch. 399, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 7. Conversion of Nonprofit Health Entity to For-Profit or Mutual Benefit Corporation › 50-4-707. Application process -- content

50-4-707. Application process -- content.
(1) A person that seeks to engage in a conversion transaction for a nonprofit health entity and the nonprofit health entity shall submit an application to the commissioner and a copy of the application to the attorney general.
(2) The application submitted under subsection (1) is in addition to any other filing required by law.
(3) An application must include:
(a) the name of the proposed transferor;
(b) the name of the proposed transferee;
(c) the names of any other parties to the conversion transaction agreement;
(d) the terms of the proposed conversion transaction, including but not limited to a description and valuation of all consideration exchanges as a part of or as a result of the conversion and the extent to which the assets proposed to be converted are public assets;
(e) a copy of the conversion transaction agreement;
(f) a financial and community impact analysis report from an independent expert or consultant that addresses the criteria in 50-4-715 through 50-4-717;
(g) an independent valuation of the fair market value of the nonprofit health entity for a valuation date within 1 year prior to receipt by the nonprofit health entity or publication of a bona fide bid, offer, or letter of intent to acquire the nonprofit health entity; and
(h) an antitrust analysis prepared by an appropriate expert.
History: En. Sec. 5, Ch. 214, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 7. Conversion of Nonprofit Health Entity to For-Profit or Mutual Benefit Corporation › 50-4-708. Public records

50-4-708. Public records.
All documents and records, excluding any proprietary or confidential information as defined by law, submitted to the commissioner or attorney general by any person, including a nonprofit health entity making application under 50-4-707, in connection with the commissioner's and the attorney general's review of the proposed nonprofit health entity conversion transaction are public records to the extent required by the provisions of applicable state law. The contents of the application submitted to the commissioner pursuant to 50-4-707 are a public record, except that any proprietary information or trade secret that may by law be kept confidential is not a public record.
History: En. Sec. 6, Ch. 214, L. 2005.