reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 3. Certificate of Need › 50-5-305. Period of validity of approved application

50-5-305. Period of validity of approved application.
(1) A certificate of need expires:
(a) 1 year after the decision to issue it is final if the applicant has not commenced construction on a project requiring construction or has not incurred an enforceable capital expenditure commitment for a project not requiring construction;
(b) 1 year after the date the project is commenced plus the estimated period of time for completion shown in the application if the approved project is not complete; or
(c) when the department determines, after opportunity for a hearing, that the holder of the certificate of need has violated the provisions of this chapter, rules adopted under this chapter, or the terms of the certificate of need.
(2) For purposes of subsection (1)(a), if a reconsideration hearing is granted or an appeal filed under 50-5-306, the final decision will be that following the hearing or resolving the appeal.
(3) The holder of an unexpired certificate of need subject to expiration under the circumstances specified in subsection (1)(a) or (1)(b) may apply to the department to extend the term of the certificate of need for one additional period not to exceed 6 months. The department may grant an extension upon the applicant's demonstrating good cause as defined by department rule.
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(5); amd. Sec. 15, Ch. 347, L. 1979; amd. Sec. 5, Ch. 329, L. 1983; amd. Sec. 5, Ch. 477, L. 1987; amd. Sec. 7, Ch. 93, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 3. Certificate of Need › 50-5-306. Right to hearing and appeal

50-5-306. Right to hearing and appeal.
(1) An affected person may request a contested case hearing before the department under the provisions of Title 2, chapter 4, by filing a written request with the department within 30 days after receipt of the notification required in 50-5-302(13). The written request for a hearing must include:
(a) a statement describing each finding and conclusion in the department's initial decision that will be contested at the hearing and why each finding and conclusion is objectionable or in error; and
(b) a summary of the evidence that will be submitted to contest the findings and conclusion identified in subsection (1)(a).
(2) The hearing must be limited to the issues identified under subsection (1) and any other issues identified through discovery.
(3) The public hearing must be held within 30 calendar days after the request is received unless the hearings examiner extends the time limit for good cause.
(4) The department shall make its final decision and serve the appellant with written findings of fact and conclusions of law in support of the decision within 30 days after the conclusion of the hearing unless the parties to the hearing agree to a different date.
(5) Any adversely affected person who was a party to the hearing may appeal the department's final decision to the district court as provided in Title 2, chapter 4, part 7.
(6) On application by a person whose proposal has been approved under the procedure provided for in 50-5-302, a district court may order a person who requested a contested case hearing to pay the successful applicant's costs and attorney fees incurred in the hearing and on appeal, if the court determines that the reasons for requesting the contested case hearing were frivolous.
(7) The department may by rule prescribe in greater detail the hearing and appellate procedures.
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(6); amd. Sec. 16, Ch. 347, L. 1979; amd. Sec. 6, Ch. 329, L. 1983; amd. Sec. 2, Ch. 26, L. 1985; amd. Sec. 6, Ch. 477, L. 1987; amd. Sec. 6, Ch. 398, L. 1995; amd. Sec. 8, Ch. 93, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 3. Certificate of Need › 50-5-307. Civil penalty -- injunction

50-5-307. Civil penalty -- injunction.
(1) A person who violates the terms of 50-5-301 is subject to a civil penalty of not less than $1,000 or more than $10,000. Each day of violation constitutes a separate offense. The department or, upon request of the department, the county attorney of the county where the health care facility in question is located may petition the district court to impose, assess, and recover the civil penalty. Money collected as a civil penalty shall be deposited in the state general fund.
(2) The department or, upon request of the department, the county attorney of the county where the long-term care facility in question is located may bring an action to enjoin a violation of 50-5-301, in addition to or exclusive of the remedy in subsection (1).
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); amd. Sec. 17, Ch. 347, L. 1979; amd. Sec. 5, Ch. 477, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 3. Certificate of Need › 50-5-308. Special circumstances

50-5-308. Special circumstances.
The department shall issue a certificate of need for a proposed capital expenditure if:
(1) the capital expenditure is required to eliminate or prevent imminent safety hazards as defined by federal, state, or local fire, building, or life safety codes or regulations or to comply with state licensure, certification, or accreditation standards; and
(2) the department has determined that the long-term care facility or service for which the capital expenditure is proposed is needed and that the obligation of the capital expenditure is consistent with the state long-term care facilities plan.
History: En. Sec. 18, Ch. 347, L. 1979; amd. Sec. 7, Ch. 329, L. 1983; amd. Sec. 9, Ch. 93, L. 1997; amd. Sec. 6, Ch. 477, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 3. Certificate of Need › 50-5-309. Exemptions from certificate of need review

50-5-309. Exemptions from certificate of need review.
The following are exempt from a certificate of need review:
(1) construction of a state-owned long-term care facility; and
(2) repair or replacement of a long-term care facility damaged or destroyed as a result of fire, storm, civil disturbance, or an act of God if the use of the facility after repair or replacement is within the scope of the facility's original license issued pursuant to Title 50, chapter 5, part 2.
History: En. Sec. 9, Ch. 329, L. 1983; amd. Sec. 7, Ch. 477, L. 1987; amd. Sec. 10, Ch. 93, L. 1997; amd. Sec. 7, Ch. 477, L. 2021.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 3. Certificate of Need › 50-5-310. Fees

50-5-310. Fees.
(1) There is no fee for filing a letter of intent.
(2) An application for certificate of need approval must be accompanied by a fee that is at least equal to 0.3% of the capital expenditure projected in the application, except that the fee may not be less than $500.
(3) Fees collected under this section must be deposited in the general fund.
History: En. Sec. 8, Ch. 477, L. 1987; amd. Sec. 1, Ch. 538, L. 1993; amd. Sec. 7, Ch. 398, L. 1995; amd. Sec. 11, Ch. 93, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 4. State Plans and Programs -- Federal Aid (Repealed) › 50-5-401. Repealed

50-5-401. Repealed.
Sec. 27, Ch. 347, L. 1979.
History: (1)En. Sec. 2, Ch. 197, L. 1967; amd. Sec. 28, Ch. 349, L. 1974; Sec. 69-4102, R.C.M. 1947; (2) thru (7)En. Sec. 180, Ch. 197, L. 1967; amd. Sec. 76, Ch. 349, L. 1974; Sec. 69-5301, R.C.M. 1947; R.C.M. 1947, 69-4102(2), 69-5301.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 4. State Plans and Programs -- Federal Aid (Repealed) › 50-5-402. Repealed

50-5-402. Repealed.
Sec. 1, Ch. 8, L. 1997.
History: En. Sec. 181, Ch. 197, L. 1967; amd. Sec. 77, Ch. 349, L. 1974; R.C.M. 1947, 69-5302(part); amd. Sec. 19, Ch. 347, L. 1979.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 4. State Plans and Programs -- Federal Aid (Repealed) › 50-5-403. Repealed

50-5-403. Repealed.
Sec. 1, Ch. 8, L. 1997.
History: En. Sec. 187, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5308.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 4. State Plans and Programs -- Federal Aid (Repealed) › 50-5-404. Repealed

50-5-404. Repealed.
Sec. 1, Ch. 8, L. 1997.
History: En. Secs. 182, 183, 184, 186, Ch. 197, L. 1967; amd. Secs. 78, 79, 80, 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5303, 69-5304, 69-5305(part), 69-5307; amd. Sec. 20, Ch. 347, L. 1979.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 4. State Plans and Programs -- Federal Aid (Repealed) › 50-5-405. Repealed

50-5-405. Repealed.
Sec. 1, Ch. 8, L. 1997.
History: En. Sec. 181, Ch. 197, L. 1967; amd. Sec. 77, Ch. 349, L. 1974; R.C.M. 1947, 69-5302(part); amd. Sec. 21, Ch. 347, L. 1979.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 4. State Plans and Programs -- Federal Aid (Repealed) › 50-5-406. Repealed

50-5-406. Repealed.
Sec. 1, Ch. 8, L. 1997.
History: En. Secs. 184, 190, Ch. 197, L. 1967; amd. Secs. 79, 107, 111, Ch. 349, L. 1974; R.C.M. 1947, 69-5305(part), 69-5311.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 4. State Plans and Programs -- Federal Aid (Repealed) › 50-5-407. Repealed

50-5-407. Repealed.
Sec. 1, Ch. 8, L. 1997.
History: En. Sec. 185, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5306.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 4. State Plans and Programs -- Federal Aid (Repealed) › 50-5-408. Repealed

50-5-408. Repealed.
Sec. 1, Ch. 8, L. 1997.
History: En. Sec. 188, Ch. 197, L. 1967; R.C.M. 1947, 69-5309; amd. Sec. 22, Ch. 347, L. 1979.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 4. State Plans and Programs -- Federal Aid (Repealed) › 50-5-409. Repealed

50-5-409. Repealed.
Sec. 1, Ch. 8, L. 1997.
History: En. Sec. 189, Ch. 197, L. 1967; amd. Secs. 107 and 111, Ch. 349, L. 1974; R.C.M. 1947, 69-5310(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 4. State Plans and Programs -- Federal Aid (Repealed) › 50-5-410. Repealed

50-5-410. Repealed.
Sec. 1, Ch. 8, L. 1997.
History: En. Sec. 189, Ch. 197, L. 1967; amd. Secs. 107 and 111, Ch. 349, L. 1974; R.C.M. 1947, 69-5310(part).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 4. State Plans and Programs -- Federal Aid (Repealed) › 50-5-411. Repealed

50-5-411. Repealed.
Sec. 1, Ch. 8, L. 1997.
History: En. Sec. 191, Ch. 197, L. 1967; R.C.M. 1947, 69-5312; amd. Sec. 23, Ch. 347, L. 1979.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 4. State Plans and Programs -- Federal Aid (Repealed) › 50-5-412. Repealed

50-5-412. Repealed.
Sec. 27, Ch. 347, L. 1979.
History: En. Sec. 192, Ch. 197, L. 1967; R.C.M. 1947, 69-5313.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 4. State Plans and Programs -- Federal Aid (Repealed) › 50-5-421. Repealed

50-5-421. Repealed.
Sec. 156, Ch. 370, L. 1987.
History: En. Sec. 1, Ch. 668, L. 1983.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 4. State Plans and Programs -- Federal Aid (Repealed) › 50-5-422. Repealed

50-5-422. Repealed.
Sec. 156, Ch. 370, L. 1987.
History: En. Sec. 2, Ch. 668, L. 1983.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 4. State Plans and Programs -- Federal Aid (Repealed) › 50-5-423. Repealed

50-5-423. Repealed.
Sec. 156, Ch. 370, L. 1987.
History: En. Sec. 3, Ch. 668, L. 1983.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 4. State Plans and Programs -- Federal Aid (Repealed) › 50-5-424. Repealed

50-5-424. Repealed.
Sec. 156, Ch. 370, L. 1987.
History: En. Sec. 4, Ch. 668, L. 1983.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 5. Right to Refuse Participation in Sterilization › 50-5-501. Definitions

50-5-501. Definitions.
As used in this part:
(1) "person" includes one or more individuals, partnerships, associations, and corporations;
(2) "sterilization" means the performance of, assistance or participation in the performance of, or submission to an act or operation intended to eliminate an individual's reproductive capacity.
History: En. 69-5222 by Sec. 1, Ch. 247, L. 1974; R.C.M. 1947, 69-5222.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 5. Right to Refuse Participation in Sterilization › 50-5-502. Refusal by hospital or health care facility to participate in sterilization

50-5-502. Refusal by hospital or health care facility to participate in sterilization.
(1) No private hospital or health care facility shall be required, contrary to the religious or moral tenets or the stated religious beliefs or moral convictions of such hospital or facility as stated by its governing body or board, to admit any person for the purpose of sterilization or to permit the use of its facilities for such purpose.
(2) Such refusal shall not give rise to liability of such hospital or health care facility or any personnel or agent or governing board thereof to any person for damages allegedly arising from such refusal or be the basis for any discriminatory, disciplinary, or other recriminatory action against such hospital or health care facility or any personnel, agent, or governing board thereof.
History: En. 69-5223 by Sec. 2, Ch. 247, L. 1974; R.C.M. 1947, 69-5223(1).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 5. Right to Refuse Participation in Sterilization › 50-5-503. Refusal by individual to participate in sterilization

50-5-503. Refusal by individual to participate in sterilization.
(1) All persons shall have the right to refuse to advise concerning, perform, assist, or participate in sterilization because of religious beliefs or moral convictions.
(2) If requested by any hospital or health care facility or person desiring sterilization, such refusal shall be in writing signed by the person refusing but may refer generally to the grounds of "religious beliefs and moral convictions".
(3) The refusal of any person to advise concerning, perform, assist, or participate in sterilization shall not be a consideration in respect of staff privileges of any hospital or health care facility or a basis for any discriminatory, disciplinary, or other recriminatory action against such person, nor shall such person be liable to any person for damages allegedly arising from refusal.
History: En. 69-5223 by Sec. 2, Ch. 247, L. 1974; R.C.M. 1947, 69-5223(2).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 5. Right to Refuse Participation in Sterilization › 50-5-504. Unlawful to interfere with right of refusal

50-5-504. Unlawful to interfere with right of refusal.
(1) It shall be unlawful to interfere or attempt to interfere with the right of refusal authorized by this part, whether by duress, coercion, or any other means.
(2) The person injured thereby shall be entitled to injunctive relief, when appropriate, and shall further be entitled to monetary damages for injuries suffered.
History: En. 69-5223 by Sec. 2, Ch. 247, L. 1974; R.C.M. 1947, 69-5223(3).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 5. Right to Refuse Participation in Sterilization › 50-5-505. Refusal not grounds for loss of privileges, immunities, or public benefits

50-5-505. Refusal not grounds for loss of privileges, immunities, or public benefits.
Such refusal by any hospital or health care facility or person shall not be grounds for loss of any privileges or immunities to which the granting of consent may otherwise be a condition precedent or for the loss of any public benefits.
History: En. 69-5223 by Sec. 2, Ch. 247, L. 1974; R.C.M. 1947, 69-5223(4).
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 6. Family Practice Residency Training › 50-5-602. Definitions

50-5-602. Definitions.
As used in this part, the following definitions apply:
(1) "Department" means the department of public health and human services provided for in 2-15-2201.
(2) "Family practice" means comprehensive medical care with particular emphasis on the family unit, in which the physician's continuing responsibility for health care is not limited by the patient's age or sex, as defined in 1-1-201, or by a particular organ system or disease entity.
(3) "Residency training" means a community-based family practice program to train family practice resident physicians, sponsored by one or more community hospitals and physicians in Montana, for inpatient and outpatient training.
(4) "Resident physician" means any physician in advanced medical specialty training.
History: En. Sec. 2, Ch. 649, L. 1985; amd. Sec. 93, Ch. 418, L. 1995; amd. Sec. 258, Ch. 546, L. 1995; amd. Sec. 30, Ch. 685, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 6. Family Practice Residency Training › 50-5-603. Montana family practice training program

50-5-603. Montana family practice training program.
(1) There is a Montana family practice training program to train resident physicians in family practice.
(2) The program is under the authority of the department, and the department shall contract with a nonprofit corporation organized under the laws of Montana or certified to do business in Montana, to coordinate the training of family practice resident physicians. The officers and directors of the corporation must be qualified by education, experience, and interest to administer and oversee family practice resident physician training activity.
History: En. Sec. 3, Ch. 649, L. 1985; amd. Sec. 1, Ch. 140, L. 1993.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 6. Family Practice Residency Training › 50-5-611. Funding limitations

50-5-611. Funding limitations.
(1) Money appropriated for residency training is in addition to any other money appropriated for medical educational programs and may not supplant funds for existing medical educational programs.
(2) No funds appropriated by the legislature to fund residency training may subsidize the cost incurred by patients.
History: En. Sec. 4, Ch. 649, L. 1985.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 7. Lay Caregivers › 50-5-701. Definitions

50-5-701. Definitions.
As used in this part, the following definitions apply:
(1) "Aftercare" means assistance provided by a lay caregiver to a patient after the patient's discharge from a hospital and limited to the patient's condition at the time of discharge, including but not limited to assistance with:
(a) basic activities of daily living;
(b) instrumental activities of daily living; and
(c) medical or nursing tasks that do not require a licensed professional.
(2) "Discharge" means a patient's exit or release from a hospital to the patient's residence after an inpatient hospital admission.
(3) "Entry" means an individual's admission into a hospital for the purposes of inpatient care.
(4) "Hospital" means a hospital, critical access hospital, or rural emergency hospital as those terms are defined in 50-5-101.
(5) (a) "Lay caregiver" means an individual designated as a lay caregiver by a patient or the patient's legal representative to provide aftercare to a patient in the patient's residence. The term includes but is not limited to a spouse, relative, partner, friend, or neighbor.
(b) The term does not include an individual who receives a third-party payment for providing post-discharge assistance to a patient unless the individual is providing assistance under a Medicaid self-directed service delivery model authorized by the state.
(6) "Legal representative" means:
(a) a legal guardian;
(b) a person who holds a medical power of attorney; or
(c) a representative named in an advance health care directive recognized under Montana law or the law of another state.
(7) (a) "Residence" means a dwelling that the patient considers to be the patient's home, including the home of a lay caregiver, relative, or friend.
(b) The term does not include an assisted living facility, state-licensed group home, hospital, rehabilitation facility, or skilled nursing facility.
History: En. Sec. 1, Ch. 129, L. 2017; amd. Sec. 6, Ch. 602, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 7. Lay Caregivers › 50-5-702. Lay caregiver -- designation

50-5-702. Lay caregiver -- designation.
(1) (a) As soon as practicable after a patient's entry and before the patient's discharge or transfer, a hospital shall provide the patient or, if applicable, the patient's legal representative with at least one opportunity to designate at least one lay caregiver.
(b) If the patient is unconscious or otherwise incapacitated upon entry, the hospital shall provide the patient or the patient's legal representative with an opportunity to designate a lay caregiver as soon as practicable after the patient regains consciousness or capacity.
(2) If the patient or the patient's legal representative declines to designate a lay caregiver, the hospital shall appropriately document the decision.
(3) If a lay caregiver is designated pursuant to this section, the hospital shall:
(a) promptly request the written consent of the patient or legal representative to release medical information to the lay caregiver, using the hospital's established procedures for releasing personal health information and in compliance with all state and federal laws governing release of the information; and
(b) appropriately document the designation of the lay caregiver, the relationship of the lay caregiver to the patient, and the name, telephone number, and address of the lay caregiver.
(4) If the patient or the patient's legal representative declines to consent to the release of medical information to the lay caregiver, the hospital is not required to provide notice to the lay caregiver as provided in 50-5-703 or to provide information contained in the discharge plan developed pursuant to 50-5-704.
(5) A patient or the patient's legal representative may change the designated lay caregiver at any time. The hospital shall appropriately document the change as soon as practicable.
(6) A person designated as a lay caregiver pursuant to this section is not obligated to perform any aftercare tasks for a patient.
(7) This section may not be construed to require a patient or a patient's legal representative to designate a lay caregiver.
History: En. Sec. 2, Ch. 129, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 7. Lay Caregivers › 50-5-703. Notice to designated lay caregiver

50-5-703. Notice to designated lay caregiver.
(1) A hospital shall notify a patient's designated lay caregiver of the patient's impending discharge or transfer to another hospital or facility licensed by the state as soon as practicable. Notice may be provided after the patient's physician issues a discharge order and prior to the patient's discharge or transfer.
(2) If the hospital is unable to contact the lay caregiver, the lack of contact may not interfere with, delay, or otherwise affect the medical care provided to the patient or an appropriate discharge or transfer of the patient. The hospital shall appropriately document the inability to contact the lay caregiver.
History: En. Sec. 3, Ch. 129, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 7. Lay Caregivers › 50-5-704. Instruction to designated lay caregiver

50-5-704. Instruction to designated lay caregiver.
(1) As soon as practicable and before a patient's discharge, the hospital shall:
(a) consult with the lay caregiver and the patient;
(b) issue a discharge plan that describes a patient's aftercare needs at the patient's residence; and
(c) provide the lay caregiver with an opportunity for instruction in the aftercare tasks described in the discharge plan.
(2) At a minimum, a discharge plan prepared pursuant to this section must:
(a) note the name and contact information of the lay caregiver;
(b) describe all aftercare tasks necessary to maintain the patient's ability to remain in the patient's residence, taking into account the capabilities and limitations of the lay caregiver; and
(c) provide contact information for relevant followup care and for resources needed to successfully carry out the discharge plan.
(3) Instruction for the lay caregiver may be conducted in person, by telephone, or by video technology at the discretion of the lay caregiver. At a minimum, the instruction shall:
(a) be provided, to the extent possible, in nontechnical language;
(b) give the lay caregiver and patient an opportunity to ask questions about the aftercare tasks; and
(c) in a culturally competent manner, provide answers to the lay caregiver's and patient's questions.
(4) Instruction required pursuant to this section must be appropriately documented. At a minimum, the documentation must include the date, time, and contents of the instruction.
(5) Nothing in this section may delay the patient's discharge or transfer to another facility.
History: En. Sec. 4, Ch. 129, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 7. Lay Caregivers › 50-5-705. Noninterference with powers of existing health care directives

50-5-705. Noninterference with powers of existing health care directives.
(1) Nothing in this part may be construed to interfere with the rights of an agent operating under a valid health care directive.
(2) Designation as a lay caregiver by itself does not:
(a) constitute designation as a legal representative; or
(b) authorize the lay caregiver to make health care decisions on behalf of the patient.
History: En. Sec. 5, Ch. 129, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 7. Lay Caregivers › 50-5-706. Noninterference with care or discharge

50-5-706. Noninterference with care or discharge.
Nothing in this part shall delay or otherwise affect:
(1) the medical care provided to the patient; or
(2) an appropriate discharge or transfer of the patient.
History: En. Sec. 6, Ch. 129, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 7. Lay Caregivers › 50-5-707. Immunity

50-5-707. Immunity.
(1) Nothing in this part may be construed to create a new private right of action not otherwise existing in law against a hospital or any of its directors, trustees, officers, employees, or agents or any contractors with whom the hospital has a contractual relationship.
(2) A hospital, its directors, trustees, officers, employees, and agents and any contractors with whom the hospital has a contractual relationship may not be held liable for the services rendered or not rendered by the lay caregiver to the patient at the patient's residence if the hospital has complied with this part and acted reasonably and in good faith.
History: En. Sec. 7, Ch. 129, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 11. Long-Term Health Care Facilities › 50-5-1101. Short title

50-5-1101. Short title.
This part may be cited as the "Montana Long-Term Care Residents' Bill of Rights".
History: En. Sec. 1, Ch. 582, L. 1987.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 11. Long-Term Health Care Facilities › 50-5-1102. Findings and purpose

50-5-1102. Findings and purpose.
(1) The legislature finds and declares that many residents of long-term care facilities are isolated from the community and lack the means to assert their rights.
(2) The purpose of this part is to:
(a) establish and recognize the fundamental civil and human rights to which residents of long-term care facilities are entitled; and
(b) provide for the education of residents and staff regarding these rights.
History: En. Sec. 2, Ch. 582, L. 1987.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 11. Long-Term Health Care Facilities › 50-5-1103. Definitions

50-5-1103. Definitions.
As used in this part, the following definitions apply:
(1) "Administrator" means a person who is licensed as a nursing home administrator under Title 37, chapter 9, and who administers, manages, or supervises a long-term care facility.
(2) "Authorized representative" means:
(a) a person who has a general power of attorney for a resident;
(b) a person appointed by a court to manage the personal or financial affairs of a resident;
(c) a representative payee;
(d) a resident's next of kin; or
(e) a sponsoring agency.
(3) "Department" means the department of public health and human services provided for in 2-15-2201.
(4) "Facility" or "long-term care facility" means a facility or part of a facility licensed under Title 50, chapter 5, to provide skilled nursing care, intermediate nursing care, or personal care.
(5) "Long-term care ombudsman" means the individual appointed to fulfill the requirement of 42 U.S.C. 3027(a)(12) that the state provide an advocate for residents of long-term care facilities.
(6) "Resident" means a person who lives in a long-term care facility.
History: En. Sec. 3, Ch. 582, L. 1987; amd. Sec. 94, Ch. 418, L. 1995; amd. Sec. 259, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 11. Long-Term Health Care Facilities › 50-5-1105. Long-term care facility to adopt and post residents' rights

50-5-1105. Long-term care facility to adopt and post residents' rights.
(1) The administrator of each long-term care facility shall:
(a) adopt a written statement of rights applicable to all residents of its facility, including as a minimum the rights listed in 50-5-1104;
(b) provide each resident, at the time of admission to the facility, a copy of the facility's statement of residents' rights, receipt of which the resident or the resident's authorized representative shall acknowledge in writing;
(c) provide each resident with a written statement of any change in residents' rights at the time the change is implemented, receipt of which the resident or the resident's authorized representative shall acknowledge in writing; and
(d) train and involve staff members in the implementation of residents' rights as expressed in the statement adopted by the facility.
(2) Each staff member shall affirm in writing that the member has read and understands the facility's statement of residents' rights.
(3) The administrator of the facility shall post in a conspicuous place visible to the public a copy of the facility's statement of residents' rights, presented in a format that can be read easily by the residents and by the public.
History: En. Sec. 5, Ch. 582, L. 1987; amd. Sec. 1815, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 11. Long-Term Health Care Facilities › 50-5-1106. Resident's rights devolve to authorized representative

50-5-1106. Resident's rights devolve to authorized representative.
The rights and responsibilities listed in 50-5-1104 and 50-5-1105 devolve to the resident's authorized representative when the resident:
(1) exhibits a communication barrier;
(2) has been found by the resident's physician to be medically incapable of understanding these rights; or
(3) has been adjudicated incompetent by a district court.
History: En. Sec. 6, Ch. 582, L. 1987; amd. Sec. 1816, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 11. Long-Term Health Care Facilities › 50-5-1107. Enforcement of residents' rights

50-5-1107. Enforcement of residents' rights.
The requirements of 50-5-1104 through 50-5-1106 are included in the minimum standards considered by the department in reviewing applications for license, as provided in 50-5-204.
History: En. Sec. 7, Ch. 582, L. 1987.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 12. Safety Devices in Long-Term Care Facilities › 50-5-1201. Use of safety devices -- request and consent -- allowed individuals -- intent

50-5-1201. Use of safety devices -- request and consent -- allowed individuals -- intent.
(1) The following individuals may request the use of and provide informed consent for the use of certain safety devices aimed at ensuring the physical safety of the resident by reducing the risk of falls and injuries associated with a resident's medical symptom even if the resident cannot easily remove the device or the device restricts the resident's total freedom of movement:
(a) a resident;
(b) a family member of a resident who is unable to make decisions because the resident has a communication barrier or has been found by a physician to be medically incapable of granting informed consent, as provided in 50-5-1203;
(c) a guardian, as defined in 72-1-103; or
(d) a person granted the power of attorney for health care decisions.
(2) A concern for a resident's physical safety or a resident's fear of falling may provide the basis for a medical symptom. A safety device may not be used for the convenience of staff or for disciplinary purposes.
(3) This part is intended to provide residents and authorized or designated representatives with the authority to request and consent to the use of safety devices but is not intended to interfere with the right of licensed health care providers acting within their scope of practice to recommend and order treatments and services, including physical restraints, for residents in their care.
History: En. Sec. 1, Ch. 347, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 12. Safety Devices in Long-Term Care Facilities › 50-5-1202. Definitions

50-5-1202. Definitions.
As used in this part, the following definitions apply:
(1) "Department" means the department of public health and human services provided for in 2-15-2201.
(2) "Long-term care facility" means a licensed facility that provides skilled nursing care or intermediate nursing care or that is an assisted living facility, as defined in 50-5-101.
(3) "Medical symptom" means an indication of a physical or psychological condition or of a physical or psychological need expressed by the patient.
(4) "Physician" includes an advanced practice registered nurse to the extent permitted by federal law.
(5) "Resident" means a person who lives in a long-term care facility.
(6) (a) "Safety devices" means side rails, tray tables, seatbelts, and other similar devices.
(b) The term does not include protective restraints as defined in 21 CFR 880.6760.
History: En. Sec. 2, Ch. 347, L. 2001; amd. Sec. 6, Ch. 54, L. 2003.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 12. Safety Devices in Long-Term Care Facilities › 50-5-1203. Procedures -- informed consent -- physician involvement

50-5-1203. Procedures -- informed consent -- physician involvement.
(1) Upon receiving a request for use of a safety device, a long-term care facility shall inform the requestor of the alternatives and risks associated with the use of the safety device. The long-term care facility shall provide the requested safety device to the resident upon receipt of:
(a) a signed consent form authorizing its use and acknowledging receipt of specific information about available alternatives and risks; and
(b) a written order from the attending physician that specifies the circumstances under and the duration for which the safety device may be used and the medical symptoms that the safety device is intended to address.
(2) The requirements of subsection (1) do not apply if a side rail or other device is used only as an assistive device and does not restrict the resident's movement from bed or chair.
History: En. Sec. 3, Ch. 347, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 12. Safety Devices in Long-Term Care Facilities › 50-5-1204. Long-term care facility procedures

50-5-1204. Long-term care facility procedures.
A long-term care facility that provides a safety device under 50-5-1203 shall:
(1) document that the procedures outlined in 50-5-1203 have been followed;
(2) monitor the use of the safety device in accordance with accepted standards of practice;
(3) reevaluate the resident's need for the safety device, no less than quarterly, in consultation with the resident, the resident's family, and the attending physician.
History: En. Sec. 4, Ch. 347, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 12. Safety Devices in Long-Term Care Facilities › 50-5-1205. Survey compliance and department enforcement -- rulemaking authority

50-5-1205. Survey compliance and department enforcement -- rulemaking authority.
(1) The department is granted rulemaking authority for the purposes of implementing this part.
(2) When determining compliance with state and federal standards for the use of a safety device, the department is bound by the statements and determinations contained in the attending physician's order regarding medical symptoms. A written order from the attending physician that contains statements and determinations regarding medical symptoms is sufficient evidence of the medical necessity of the safety device.
(3) A long-term care facility may not be subject to fines, civil penalties, or other state or federal survey enforcement remedies solely as the result of allowing the use of a safety device as authorized in this part.
(4) This section does not preclude the department from taking action to protect the safety and health of the resident if there is clear and convincing evidence that:
(a) the use of the safety device has jeopardized the health and safety of the resident; and
(b) the long-term care facility has failed to take reasonable measures to protect the health and safety of the resident.
History: En. Sec. 5, Ch. 347, L. 2001.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 13. Proxy Decisionmakers › 50-5-1301. Definitions

50-5-1301. Definitions.
As used in this part, the following definitions apply:
(1) "Adult" means any person 18 years of age or older.
(2) "Advanced practice registered nurse" means an individual who is licensed under Title 37, chapter 8, to practice professional nursing in this state and who has fulfilled the requirements of the board of nursing pursuant to 37-8-202 and 37-8-409.
(3) "Attending health care provider" means the physician, advanced practice registered nurse, or physician assistant, whether selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient.
(4) "Decisional capacity" means the ability to provide informed consent to or refuse medical treatment or the ability to make an informed health care decision as determined by a health care provider experienced in this type of assessment.
(5) "Health care facility" means a hospital, critical access hospital, rural emergency hospital, or facility providing skilled nursing care as those terms are defined in 50-5-101.
(6) "Health care provider" means any individual licensed or certified by the state to provide health care.
(7) "Interested person" means a patient's:
(a) spouse;
(b) parent;
(c) adult child, sibling, or grandchild; or
(d) close friend.
(8) "Medical proxy decisionmaker" means a physician or advanced practice registered nurse designated by the attending health care provider.
(9) "Physician" means an individual licensed pursuant to Title 37, chapter 3.
(10) "Physician assistant" means an individual licensed pursuant to Title 37, chapter 20.
(11) (a) "Lay proxy decisionmaker" means an interested person selected pursuant to this part authorized to make medical decisions and discharge and transfer dispositions for a patient who lacks decisional capacity.
(b) The term does not include the patient's attending health care provider.
History: En. Sec. 1, Ch. 285, L. 2017; amd. Sec. 13, Ch. 88, L. 2023; amd. Sec. 7, Ch. 602, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 13. Proxy Decisionmakers › 50-5-1302. Determination of decisional capacity -- use of proxy decisionmaker

50-5-1302. Determination of decisional capacity -- use of proxy decisionmaker.
(1) An attending health care provider may determine that an adult patient lacks decisional capacity related to medical treatment. The determination must be documented in the patient's medical record.
(2) (a) The attending health care provider shall make specific findings related to the cause, nature, and projected duration of the patient's lack of decisional capacity. The findings must be included in the patient's medical record.
(b) Health care providers must use evidence-based methodologies for determining decisionmaking capacity. The method used to determine decisionmaking capacity may be selected in collaboration with a medical ethics committee.
(c) Patients with chronic cognitive disabilities may require assessment by health care providers familiar with the patient's specific disability. If available, health care providers familiar with the patient's chronic cognitive disability must be consulted to assess decisionmaking capacity.
(d) Patients for whom English is a second language must be assessed by a health care provider in the presence of an interpreter who is fluent in the patient's primary language. Patients who communicate using American sign language must be assessed in the presence of an interpreter fluent in American sign language.
(3) A health care provider or health care facility may rely in good faith upon the medical treatment decision of a proxy decisionmaker selected or appointed in accordance with this part if an adult patient's attending health care provider determines that the patient lacks decisional capacity and the patient does not have:
(a) a guardian with medical decisionmaking authority;
(b) an agent appointed in a medical durable power of attorney; or
(c) any other known person with the legal authority to provide consent or refusal of medical treatment on the patient's behalf.
(4) Guardianship proceedings may be initiated by the health care facility in the absence of family or interested parties at the same time that a proxy decisionmaker is selected to meet the patient's current decisional needs. If a guardian is appointed, the guardian shall assume the proxy decisionmaker role.
History: En. Sec. 2, Ch. 285, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 13. Proxy Decisionmakers › 50-5-1303. Notification to interested persons -- selection of proxy decisionmaker

50-5-1303. Notification to interested persons -- selection of proxy decisionmaker.
(1) Upon a determination that an adult patient lacks decisional capacity, an attending health care provider or the provider's designee shall make reasonable efforts to notify the patient of:
(a) the determination that the patient lacks decisional capacity; and
(b) the identity of a lay or medical proxy decisionmaker selected or appointed pursuant to this part.
(2) An attending health care provider or the provider's designee shall make reasonable efforts to locate and notify as many interested persons as practicable to inform them of the patient's lack of decisional capacity and ask that a lay proxy decisionmaker be selected for the patient.
(3) The attending health care provider may rely on interested persons contacted by the provider or the provider's designee to notify other family members or interested persons.
(4) Interested persons who are informed of the patient's lack of decisional capacity shall make reasonable efforts to reach a consensus as to who among them will make medical treatment decisions on behalf of the patient. In selecting a lay proxy decisionmaker, the interested persons should consider which proposed decisionmaker:
(a) has a close relationship with the patient; and
(b) is most likely to have current knowledge of the patient's wishes regarding medical treatment.
(5) Nothing in this section precludes an interested person from initiating a guardianship proceeding for any reason at any time.
History: En. Sec. 3, Ch. 285, L. 2017.