reglab/statecodes huggingface dataset:
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 › 50-4-709. Receiving an application -- notice of application

50-4-709. Receiving an application -- notice of application.
(1) Within 15 working days after receiving an application for a conversion transaction, the commissioner shall:
(a) publish notice of the application by the internet and by press release to the most widely circulated newspapers in a nonprofit health entity's service area; and
(b) maintain a list of, and notify by e-mail or first-class mail, any person that has requested in writing notice of the filing of an application.
(2) The notice under subsection (1) must:
(a) state that an application has been received;
(b) state the names of the parties to the conversion transaction;
(c) describe the contents of the application;
(d) state the date by which a person shall submit written comments on the application; and
(e) provide the date, time, and place of the public hearing on the conversion transaction.
History: En. Sec. 7, 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 › 50-4-710. Public hearing

50-4-710. Public hearing.
(1) As soon as practicable, but no later than 90 days after receiving a complete application for a conversion transaction, including all necessary expert reports, the commissioner or a designee shall hold a public hearing.
(2) Any person may file written comments and exhibits or make a statement at the public hearing.
History: En. Sec. 8, 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 › 50-4-711. Procedures

50-4-711. Procedures.
(1) In the hearing required by 50-4-710, the commissioner and the attorney general shall agree on and jointly appoint a qualified person to preside over the hearing. The commissioner, the attorney general, the transferor, and the transferee may use discovery procedures as provided in Title 25, chapter 20. Except as otherwise specifically provided in this section, the procedures for conducting a contested case hearing, as provided in 2-4-611(3) and (4), 2-4-612 through 2-4-614, and 2-4-621 through 2-4-623, and the procedures for judicial review of contested case decisions under Title 2, chapter 4, part 7, apply.
(2) Notwithstanding any otherwise applicable rule of evidence, the commissioner and attorney general shall provide for the receipt of comments from the public in writing or on the record at the hearing. Oral public comments are not subject to cross-examination without the consent of the person providing the comments. However, the commissioner and the attorney general may rely on factual information provided in public comment only if the person providing the comment consents to cross-examination or the commissioner or the attorney general makes a specific finding that the factual information meets the requirements of Rule 804(b)(5) of the Montana Rules of Evidence.
History: En. Sec. 9, 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 › 50-4-712. Experts

50-4-712. Experts.
(1) The commissioner or the attorney general, or both, may contract with experts as reasonably necessary to:
(a) determine whether to approve a conversion transaction generally;
(b) perform an independent valuation of fair market value of the public assets of the transferor;
(c) evaluate the impact of the conversion on the affected community;
(d) determine whether there has been due diligence by the transferor in evaluating the proposed conversion transaction; and
(e) determine the existence of any conflicts of interest.
(2) If the commissioner or attorney general contracts for expert assistance under subsection (1), the transferor and the transferee shall each pay half of the costs reasonably incurred by the commissioner or the attorney general for the expert's services.
History: En. Sec. 10, 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 › 50-4-713. Deadline for approval or nonapproval

50-4-713. Deadline for approval or nonapproval.
(1) Within 60 days after the record, including the public hearing process, has been closed, the commissioner and the attorney general shall each issue a separate order to:
(a) approve the conversion transaction, with or without modifications; or
(b) disapprove the conversion transaction.
(2) If the commissioner and the attorney general do not both determine that the conversion transaction is approved, the conversion transaction is disapproved.
(3) Subject to subsection (4), the commissioner or the attorney general may, for cause, extend the time for making a determination for a 60-day period.
(4) The commissioner and the attorney general are limited to a maximum of two 60-day extensions for making a determination on the same application.
History: En. Sec. 11, 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 › 50-4-714. Effect of determination

50-4-714. Effect of determination.
Determinations made by the commissioner and the attorney general under 50-4-713 become effective on the date on which both the commissioner and the attorney general have issued orders under 50-4-713.
History: En. Sec. 12, 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 › 50-4-715. Criteria for attorney general approval of conversion transaction

50-4-715. Criteria for attorney general approval of conversion transaction.
(1) The attorney general may not approve a conversion transaction except upon a finding that the conversion transaction is in the public interest. If the attorney general or a court pursuant to 50-4-704 determines that the transaction does not involve public assets, the attorney general may not disapprove the conversion transaction under the provisions of this part.
(2) In determining whether a conversion transaction is in the public interest, the attorney general shall require that:
(a) the fair market value of public assets is preserved and protected;
(b) the fair market value of public assets is expended or invested with reasonable and prudent consideration of the potential risk of financial loss associated with the conversion transaction;
(c) the fair market value of the public assets of a nonprofit health entity will be distributed as provided in 50-4-720;
(d) no part of the public assets of the transferor inure directly or indirectly to an officer, director, or trustee of the transferor or to the transferee or an officer, director, trustee, shareholder, or employee of the transferee or to any other person that is not a foundation or nonprofit organization approved to receive the assets by the attorney general; and
(e) an officer, director, or trustee of the nonprofit health entity does not receive any immediate or future remuneration as a result of a proposed conversion transaction except for the reasonable value of services rendered pursuant to a valid contract between the officer, director, or trustee and the nonprofit health entity.
(3) For purposes of the attorney general's review under 35-2-609, 35-2-617, and this section, there is a rebuttable presumption that the assets of a nonprofit health entity are public assets.
History: En. Sec. 13, 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 › 50-4-716. Criteria for distribution of assets

50-4-716. Criteria for distribution of assets.
(1) The public assets distributed to a foundation or nonprofit organization in accordance with 50-4-715 or 50-4-720 must be in the form of cash or a combination of cash and publicly traded securities or bonds or similar assets that are readily convertible to cash and for which a secondary market exists.
(2) The attorney general may determine that a distribution of assets of a nonprofit health entity is not required if the transaction is determined not to be a conversion transaction and is a transaction in the ordinary course of business and for fair market value.
(3) In determining fair market value, the attorney general may consider all relevant factors that may include but are not limited to:
(a) the value of the nonprofit health entity or an affiliate or the assets of the nonprofit health entity or affiliate that are determined as if the nonprofit health entity or affiliate had voting stock outstanding and 100% of its stock was freely transferable and available for purchase without restriction;
(b) the value as a going concern;
(c) the market value;
(d) the investment or earnings value;
(e) the net asset value; and
(f) a control premium, if any.
History: En. Sec. 14, 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 › 50-4-717. Criteria for commissioner approval of conversion transaction

50-4-717. Criteria for commissioner approval of conversion transaction.
(1) The commissioner may not approve a conversion transaction except upon a finding that the conversion transaction is in the public interest. If the attorney general or a court pursuant to 50-4-704 determines that the transaction does not involve public assets, the commissioner may not disapprove the conversion transaction under the provisions of this part.
(2) In determining whether a conversion transaction is in the public interest, the commissioner shall consider:
(a) whether the transferor exercised due diligence in deciding to engage in a conversion transaction, selecting the transferee, and negotiating the terms and conditions of the conversion transaction;
(b) the procedures that the transferor used in making the decision, including whether appropriate expert assistance was used;
(c) whether any conflicts of interest were disclosed, including conflicts of interest of board members, executives, and experts retained by the transferor, transferee, or any other parties to the conversion transaction;
(d) whether the conversion has the likelihood of creating a significant adverse effect on the availability or accessibility of health care services or health insurance coverage in the affected community;
(e) whether the conversion transaction includes sufficient safeguards to ensure that the affected community will have continued access to affordable health care;
(f) whether any management contract under the conversion transaction is for reasonable value; and
(g) whether the conversion transaction:
(i) is equitable to the public interest, enrollees, insureds, shareholders, and certificate holders, if any, of the transferor;
(ii) is in compliance with Title 33, chapters 30 and 31;
(iii) ensures that the transferee will possess surplus in an amount sufficient to comply with the surplus required under law and provide for the security of the transferee's certificate holders, if any, and policyholders.
(3) In making the determination required under this section, the commissioner may not determine that a conversion transaction is in the public interest unless the nonprofit health entity considered the risks of a conversion transaction, including whether a conversion transaction:
(a) would result in inefficient economies of scale; or
(b) would violate federal or state antitrust laws.
(4) If an agreement for the conversion of a nonprofit health entity requires payment of money, as liquidated damages or otherwise, in the event of a breach of the agreement by the nonprofit health entity, the commissioner shall determine whether and to what extent the payment by the nonprofit health entity is in the public interest.
History: En. Sec. 15, 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 › 50-4-718. Deposit of assets

50-4-718. Deposit of assets.
Any public assets distributed pursuant to 50-4-716 as a result of the conversion transaction of a nonprofit health entity approved by the commissioner and the attorney general on or after April 8, 2005, must be distributed as provided in 50-4-720.
History: En. Sec. 16, 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 › 50-4-719. For-profit health entity

50-4-719. For-profit health entity.
(1) A corporation that becomes a for-profit health entity under this part may not be considered to have abandoned its corporate status by virtue of a conversion transaction unless the conversion transaction provides specifically to the contrary.
(2) The certificate of authority, agent appointments, licenses, forms, and any other filings in existence at the time of a conversion transaction continue in full force and effect upon a conversion transaction if a corporation at all times remains qualified to engage in business in the state.
(3) All outstanding contracts of a transferor remain in full force and effect and need not be otherwise endorsed unless ordered by the commissioner.
History: En. Sec. 17, Ch. 214, L. 2005.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 8. Community Health Center Support › 50-4-802. Legislative intent and purpose

50-4-802. Legislative intent and purpose.
The legislature recognizes that the large number of uninsured and underinsured Montanans has a significant long-term human and economic impact on families, health care providers, and the state of Montana. It is the intent of the legislature through this part to enhance access to primary care and preventive care for Montana residents by strengthening and supporting Montana's community health centers.
History: En. Sec. 2, Ch. 436, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 8. Community Health Center Support › 50-4-803. Definitions

50-4-803. Definitions.
As used in this part, the following definitions apply:
(1) "Department" means the department of public health and human services provided for in Title 2, chapter 15, part 22.
(2) "Federally qualified community health center" means a facility providing primary and preventive medical, dental, mental health, and substance abuse services to medically underserved, disadvantaged, or hard-to-reach populations on a sliding-scale fee basis, operating under federal regulations, and receiving federal funds under the Public Health Service Act, 42 U.S.C. 254b.
(3) "Federally qualified health center look-alike" means a facility that meets all of the expectations established for the federally funded community health center program but does not receive federal operating funds under the Public Health Service Act, 42 U.S.C. 254b.
(4) "Preventive care" means comprehensive care that emphasizes prevention, early detection, and early treatment of conditions, including but not limited to routine physical examinations, health screenings, immunizations, and health education.
(5) "Primary care" means the type of medical care that provides a patient with a broad spectrum of preventive and curative health care services over a long period of time and that coordinates all of the care a patient receives.
(6) "Section 330 funds" means the federal funds commonly known by that name and awarded by the health resources and services administration of the U.S. department of health and human services to health centers that qualify for funding under the Public Health Service Act, 42 U.S.C. 254b.
History: En. Sec. 3, Ch. 436, L. 2007; amd. Sec. 2, Ch. 81, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 8. Community Health Center Support › 50-4-804. Rulemaking authority

50-4-804. Rulemaking authority.
(1) The department shall adopt rules necessary for the administration of this part.
(2) The rules may include but are not limited to:
(a) eligibility requirements for entities applying for grants;
(b) criteria for awarding grants; and
(c) reporting procedures for grant recipients.
(3) The rules establishing eligibility for state grants must reflect the national model established for federally qualified community health centers receiving section 330 funds as provided by the Public Health Service Act, 42 U.S.C. 254b.
History: En. Sec. 8, Ch. 436, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 8. Community Health Center Support › 50-4-805. Program expenditures

50-4-805. Program expenditures.
(1) Subject to appropriation by the legislature, the department shall provide competitive grants in accordance with 50-4-806 and this section to community or tribal boards operating as a nonprofit entity in accordance with the Public Health Service Act, 42 U.S.C. 254b, to increase access to primary care and preventive health services for uninsured, underinsured, low-income, or underserved Montanans.
(2) Grants must be made each year to accomplish any of the following goals:
(a) to create and support new nonfederally funded community health centers with state funding for a maximum of 6 years or until federal funds are granted. Successful applicants for the state grants shall also apply for federally qualified health center look-alike status and federal community health center grants at the first available opportunity.
(b) to expand the medical, mental health, or dental services offered by existing federally qualified community health centers or other facilities that have received federally qualified health center look-alike status; and
(c) to provide one-time grants for capital expenditures to existing federally qualified community health centers and facilities with federally qualified health center look-alike status.
(3) The department shall contract with an entity that is able to:
(a) provide technical assistance to new and existing federally qualified community health centers in their efforts to apply for federal funds;
(b) assist new and existing centers in their efforts to expand services; and
(c) collect standardized data on the provision of services to low-income and uninsured Montanans.
(4) The department shall require the contractor to provide an annual report on the services it has provided, the data it has collected, and the status of applications for federal community health center funding.
History: En. Sec. 4, Ch. 436, L. 2007; amd. Sec. 1, Ch. 336, L. 2009; amd. Sec. 14, Ch. 120, L. 2013; amd. Sec. 3, Ch. 81, L. 2017.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 8. Community Health Center Support › 50-4-806. Grants -- application process -- obligation of communities

50-4-806. Grants -- application process -- obligation of communities.
(1) In order to receive funds under 50-4-805, a community or tribal board shall submit a proposal to the department for:
(a) increasing access to health care services by:
(i) creating new primary care and preventive care services; and
(ii) developing sliding scale charge and billing systems; or
(b) expanding existing services by:
(i) increasing medical, dental, or mental health capacity;
(ii) purchasing equipment; or
(iii) renovating clinic facilities.
(2) A proposal funded under this part must ensure the board's commitment to attract federal funds for primary care services.
(3) Entities receiving a state grant to start up or expand services shall also seek section 330 funds for those services and may not receive state funding after federal funds are acquired.
History: En. Sec. 5, Ch. 436, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 8. Community Health Center Support › 50-4-815. Community health center account

50-4-815. Community health center account.
(1) There is a community health center account in the state special revenue fund to the credit of the department to provide grants for community health centers.
(2) Money appropriated by the legislature for community health centers must be deposited into the account.
(3) Money must be allocated from the account in accordance with the procedures outlined in 50-4-805 and 50-4-806.
History: En. Sec. 9, Ch. 436, L. 2007.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 9. Montana Health Care Freedom Act › 50-4-902. Health insurance purchase mandate prohibited -- exceptions

50-4-902. Health insurance purchase mandate prohibited -- exceptions.
(1) The state or federal government may not:
(a) mandate or require a person or entity to purchase health insurance coverage as defined in 33-22-140; or
(b) impose a penalty, tax, fee, or fine of any type if a person or entity declines to purchase health insurance coverage.
(2) This section does not apply to a requirement to purchase health insurance coverage that is imposed by:
(a) a court when an individual or entity is a named party in a judicial dispute;
(b) the department of public health and human services as part of a child support enforcement action; or
(c) the Montana university system as a requirement for students.
History: En. Sec. 2, Ch. 310, L. 2011.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 10. Youth Health Protection Act › 50-4-1002. Purpose

50-4-1002. Purpose.
The purpose of this part is to enhance the protection of minors and their families, pursuant to Article II, section 15, of the Montana constitution, from any form of pressure to receive harmful, experimental puberty blockers and cross-sex hormones and to undergo irreversible, life-altering surgical procedures prior to attaining the age of majority.
History: En. Sec. 2, Ch. 306, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 10. Youth Health Protection Act › 50-4-1003. Definitions

50-4-1003. Definitions.
As used in this part, unless the context clearly indicates otherwise, the following definitions apply:
(1) "Female" means a member of the human species who, under normal development, has XX chromosomes and produces or would produce relatively large, relatively immobile gametes, or eggs, during her life cycle and has a reproductive and endocrine system oriented around the production of those gametes. An individual who would otherwise fall within this definition, but for a biological or genetic condition, is female for the purposes of this part.
(2) "Gender" means the psychological, behavioral, social, and cultural aspects of being male or female. An individual's gender may or may not align with the individual's sex.
(3) "Gender dysphoria" is the condition defined in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition.
(4) "Health care professional" means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of the person's profession.
(5) "Male" means a member of the human species who, under normal development, has XY chromosomes and produces or would produce small, mobile gametes, or sperm, during his life cycle and has a reproductive and endocrine system oriented around the production of those gametes. An individual who would otherwise fall within this definition, but for a biological or genetic condition, is male for purposes of this part.
(6) "Mental health professional" means a person who is licensed to diagnose and treat mental health conditions in this state.
(7) "Minor" means an individual under 18 years of age.
(8) "Physician" means a person who is licensed to practice medicine in this state.
(9) "Sex" means the organization of body parts and gametes for reproduction in human beings and other organisms. In human beings, there are exactly two sexes, male and female, with two corresponding types of gametes. The sexes are determined by the biological and genetic indication of male or female, including sex chromosomes, naturally occurring sex chromosomes, gonads, and nonambiguous internal and external genitalia present at birth, without regard to an individual's psychological, behavioral, social, cultural, chosen, or subjective experience of gender.
(10) "Social transitioning" means acts other than pharmaceutical or surgical interventions that are offered as treatment to a minor for the purpose of the minor presenting as the opposite sex or an identity other than the minor's sex, including the changing of a minor's preferred pronouns or dress and the recommendation to wear clothing or devices, such as binders, for the purpose of concealing a minor's secondary sex characteristics.
History: En. Sec. 3, Ch. 306, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 10. Youth Health Protection Act › 50-4-1005. Private cause of action for subsequent harm

50-4-1005. Private cause of action for subsequent harm.
(1) Any health care professional or physician who provides the medical treatments prohibited in 50-4-1004(1)(a) or (1)(b) is strictly liable to that person if the medical treatment or the after-effects of the medical treatment result in any injury, including physical, psychological, emotional, or physiological harms, within the next 25 years.
(2) Except as provided in subsection (3), a person who suffers an injury described in subsection (1) or the person's legal guardian or estate may bring a civil action with respect to the injury or for any violation of 50-4-1004 within 4 years from the time of discovery by the injured party of both the injury and the causal relationship between the medical treatment and the injury against the offending health care professional or physician in a court of competent jurisdiction for:
(a) declaratory or injunctive relief;
(b) compensatory damages, including but not limited to pain and suffering, loss of reputation, loss of income, and loss of consortium, including the loss of expectation of sharing parenthood;
(c) punitive damages;
(d) any other appropriate relief; and
(e) attorney fees and costs.
(3) (a) If, at the time the person subjected to medical treatment discovers the injury and the causal relationship between the medical treatment and the injury, the person is under legal disability, the limitation period in subsection (2) does not begin to run until the removal of the disability.
(b) The limitation period in subsection (2) does not run during a time period when the individual is subject to threats, intimidation, manipulation, fraudulent concealment, or fraud perpetrated by the health care professional or physician who provided the medical treatment described in subsection (1) or by any person acting in the interest of the health care professional or physician.
(4) A health care professional or physician may not be indemnified for potential liability under this section.
(5) The attorney general may bring an action to enforce compliance with this section.
(6) This section does not deny, impair, or otherwise affect any right or authority of the attorney general, the state, or any agency, officer, or employee of the state, acting under any law other than this section, to institute or intervene in any proceeding.
History: En. Sec. 5, Ch. 306, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 10. Youth Health Protection Act › 50-4-1006. Prohibited insurance coverage

50-4-1006. Prohibited insurance coverage.
A professional liability insurance policy issued to a health care professional or physician may not include coverage for damages assessed against the health care professional or physician who provides any medical treatment prohibited in 50-4-1004(1)(a) or (1)(b).
History: En. Sec. 6, Ch. 306, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 11. Protection for Right of Conscience › 50-4-1102. Right of conscience for health care institutions and health care payers -- immunity -- exceptions

50-4-1102. Right of conscience for health care institutions and health care payers -- immunity -- exceptions.
(1) (a) A health care institution or health care payer may not be required to participate in or pay for a health care service that violates the health care institution's or health care payer's conscience, including by permitting the use of its facilities.
(b) An insurance company shall list any health care service that it may refuse to pay for on the basis of conscience in the applicable policy.
(2) Except as provided in subsection (5), refusal to participate in or pay for a health care service under this section may not give rise to liability of the health care institution or health care payer for damages allegedly arising from the refusal or be the basis for any discrimination, discipline, or other recriminatory action against the health care institution, health care payer, or any personnel, agent, or governing board.
(3) Nothing in this section may be construed to relieve a health care institution of the requirement to provide emergency medical treatment to all patients set forth in 42 U.S.C. 1395dd.
(4) This section is supplemental to and may not be construed as modifying or limiting the rights and remedies provided in Title 50, chapter 5, part 5, and 50-20-111.
(5) The immunity provisions of this section do not apply to a health care institution or health care payer owned or operated by the state or a political subdivision of the state.
History: En. Sec. 2, Ch. 376, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 11. Protection for Right of Conscience › 50-4-1103. Right of conscience for medical practitioners -- affirmative consent for abortion services -- immunity -- exceptions

50-4-1103. Right of conscience for medical practitioners -- affirmative consent for abortion services -- immunity -- exceptions.
(1) A medical practitioner has the right not to participate in a health care service that violates the medical practitioner's conscience. A health care institution may not be held liable for the exercise of conscience not to participate in a health care service by a medical practitioner employed, contracted, or granted admitting privileges by the health care institution.
(2) A health care institution may require the exercise of conscience as a basis for not participating in a health care service to be made in writing and signed by the medical practitioner objecting. A writing made under this subsection may refer only generally to the grounds of "conscience".
(3) A medical practitioner's refusal to participate in a health care service based on an exercise of conscience may not be a consideration with respect to staff privileges of a health care institution or a basis for discrimination, discipline, or other recriminatory action against the medical practitioner.
(4) A medical practitioner may not be scheduled for, assigned, or requested to directly or indirectly perform, facilitate, refer for, or participate in an abortion unless the medical practitioner first affirmatively consents in writing as provided in 50-20-111.
(5) Except as provided under Article II, section 18, of the Montana constitution, a medical practitioner may not be held liable for damages allegedly arising from the exercise of conscience not to participate in a health care service.
(6) This section is supplemental to and may not be construed as modifying or limiting the rights and remedies provided in Title 50, chapter 5, part 5, and 50-20-111.
History: En. Sec. 3, Ch. 376, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 11. Protection for Right of Conscience › 50-4-1104. Exercise of conscience not grounds for loss of privileges, immunities, or public benefits

50-4-1104. Exercise of conscience not grounds for loss of privileges, immunities, or public benefits.
The exercise of conscience not to participate in a health care service by a medical practitioner, health care institution, or health care payer may not be grounds for loss of any privileges or immunities or for the loss of any public benefits. This section is supplemental to and may not be construed as modifying or limiting the rights and remedies provided in Title 50, chapter 5, part 5, and 50-20-111.
History: En. Sec. 4, Ch. 376, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 11. Protection for Right of Conscience › 50-4-1105. Whistleblower protections

50-4-1105. Whistleblower protections.
(1) A medical practitioner or health care institution may not be discriminated against because the medical practitioner or health care institution:
(a) provides, causes to be provided, or intends to provide or cause to be provided information relating to a suspected violation of this part to the medical practitioner or health care institution's employer, the attorney general, any agency charged with protecting health care rights of conscience, the United States department of health and human services, the United States office for civil rights, or any other federal agency charged with protecting health care rights of conscience;
(b) testifies or intends to testify in a proceeding concerning a violation of this part; or
(c) assists or participates, or intends to assist or participate, in a proceeding.
(2) Except as provided in subsection (3), it is unlawful to discriminate against a medical practitioner because the medical practitioner discloses information that the medical practitioner reasonably believes evinces:
(a) a violation of any law, rule, or regulation;
(b) a violation of any standard of care or ethical guidelines for the provision of any health care service; or
(c) gross mismanagement, a gross waste of funds, an abuse of authority, practices or methods of treatment that may put patient health at risk, or a substantial and specific danger to public health or safety.
(3) Nothing in this section may be construed to exempt a person from the requirements of Title 50, chapter 16, the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. 1320d, et seq., or any other applicable confidentiality and patient privacy requirements.
History: En. Sec. 5, Ch. 376, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 11. Protection for Right of Conscience › 50-4-1106. Free speech protections -- notification of complaints -- penalty

50-4-1106. Free speech protections -- notification of complaints -- penalty.
(1) The department of public health and human services, a licensing board operating under Title 37, or any other entity that grants licensure or certification may not reprimand, sanction, or revoke or threaten to revoke a license, certificate, or registration of a medical practitioner who is licensed or certified by the department or board for engaging in speech or expressive activity protected under the first amendment to the U.S. constitution, unless the department or board demonstrates beyond a reasonable doubt that the medical practitioner's speech was the direct cause of physical harm to a person with whom the medical practitioner had a practitioner-patient relationship within the 3 years immediately preceding the incident of physical harm.
(2) (a) Within 14 days of receiving a complaint that may result in revocation of a medical practitioner's license, the department, licensing board, or other licensing or certification entity shall provide the medical practitioner with a copy of the complaint.
(b) If the department, licensing board, or other licensing or certification entity fails to provide the complaint within 14 days of receipt, the department or licensing board shall pay the medical practitioner an administrative penalty of $500 for each week of noncompliance.
History: En. Sec. 6, Ch. 376, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 4. Health Care Policy › Part 11. Protection for Right of Conscience › 50-4-1107. Unlawful interference

50-4-1107. Unlawful interference.
(1) It is unlawful to interfere or attempt to interfere with the right not to participate in a health care service or the whistleblower and free speech rights and protections authorized by this part, whether by duress, coercion, or any other means.
(2) A medical practitioner, health care institution, or health care payer injured by unlawful interference is entitled to:
(a) injunctive relief, when appropriate, including but not limited to reinstatement of a medical practitioner to the medical practitioner's previous position, reinstatement of board certification, and relicensure of a health care institution or health care payer;
(b) monetary damages for injuries suffered; and
(c) reasonable costs and attorney fees.
(3) This section is supplemental to and may not be construed as modifying or limiting the rights and remedies provided in Title 50, chapter 5, part 5, and 50-20-111.
History: En. Sec. 7, Ch. 376, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 1. General Provisions › 50-5-102. Repealed

50-5-102. Repealed.
Sec. 27, Ch. 347, L. 1979.
History: En. Sec. 160, Ch. 197, L. 1967; R.C.M. 1947, 69-5202.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 1. General Provisions › 50-5-103. Rules and standards -- accreditation

50-5-103. Rules and standards -- accreditation.
(1) The department shall adopt rules and minimum standards for implementation of parts 1 and 2.
(2) Any facility covered by this chapter shall comply with the state and federal requirements relating to construction, equipment, and fire and life safety.
(3) The department shall extend a reasonable time for compliance with rules for parts 1 and 2 upon adoption.
(4) (a) Any health care facility located in this state that furnishes to the department the written evidence required by the department, including the recommendation for future compliance statements, of its accreditation granted by an accrediting entity approved by the U.S. centers for medicare and medicaid services is eligible for licensure in the state for the accreditation period and may not be subjected to an inspection by the department for purposes of the licensing process.
(b) The department may, in addition to its inspection authority in 50-5-116, inspect any licensed health care facility to answer specific complaints made in writing by any person against the facility when the complaints pertain to licensing requirements. Inspection by the department upon a specific complaint made in writing pertaining to licensing requirements is limited to the specific area or condition of the health care facility to which the complaint pertains.
History: En. Sec. 171, Ch. 197, L. 1967; amd. Sec. 22, Ch. 366, L. 1969; amd. Sec. 3, Ch. 448, L. 1973; amd. Sec. 74, Ch. 349, L. 1974; R.C.M. 1947, 69-5213; amd. Sec. 2, Ch. 347, L. 1979; amd. Sec. 2, Ch. 432, L. 1981; amd. Sec. 1, Ch. 279, L. 1991; amd. Sec. 9, Ch. 415, L. 1993; amd. Sec. 3, Ch. 366, L. 1995; amd. Sec. 2, Ch. 99, L. 1997; amd. Sec. 4, Ch. 188, L. 1997; amd. Sec. 2, Ch. 401, L. 2003; amd. Sec. 2, Ch. 157, L. 2013; amd. Sec. 3, Ch. 131, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 1. General Provisions › 50-5-104. Certain exemptions for spiritual healing institution

50-5-104. Certain exemptions for spiritual healing institution.
Parts 1 through 3 and rules and standards adopted by the department may not authorize the supervision, regulation, or control of care or treatment of persons in any home or institution conducted for those who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well-recognized church or religious denomination. However, a license is required and the minimum standards referred to in 50-5-103(2) apply.
History: En. Sec. 175, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5217(2); amd. Sec. 3, Ch. 347, L. 1979.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 1. General Provisions › 50-5-105. Discrimination prohibited

50-5-105. Discrimination prohibited.
(1) All phases of the operation of a health care facility must be without discrimination against anyone on the basis of race, creed, religion, color, national origin, sex, as defined in 1-1-201, age, marital status, physical or mental disability, or political ideas.
(2) (a) A health care facility may not refuse to admit a person to the facility solely because the person has an HIV-related condition.
(b) For the purposes of this subsection (2), the following definitions apply:
(i) "HIV" means the human immunodeficiency virus identified as the causative agent of acquired immunodeficiency syndrome (AIDS) and includes all HIV and HIV-related viruses that damage the cellular branch of the human immune or neurological system and leave the infected person immunodeficient or neurologically impaired.
(ii) "HIV-related condition" means any medical condition resulting from an HIV infection, including but not limited to seropositivity for HIV.
(3) A person who operates a facility may not discriminate among the patients of licensed physicians. The free and confidential professional relationship between a licensed physician and patient must continue and remain unaffected.
(4) Except for a hospital that employs its medical staff, a hospital considering an application for staff membership or granting privileges within the scope of the applicant's license may not deny the application or privileges because the applicant is licensed under Title 37, chapter 6.
History: En. Sec. 175, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5217(1); amd. Sec. 4, Ch. 347, L. 1979; amd. Sec. 1, Ch. 152, L. 1989; amd. Sec. 1, Ch. 309, L. 1989; amd. Sec. 47, Ch. 472, L. 1997; amd. Sec. 31, Ch. 224, L. 2003; amd. Sec. 2, Ch. 351, L. 2007; amd. Sec. 29, Ch. 685, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 1. General Provisions › 50-5-106. Records and reports required of health care facilities -- confidentiality

50-5-106. Records and reports required of health care facilities -- confidentiality.
(1) Health care facilities shall keep records and provide the records at the request of the department.
(2) Every licensed health care facility shall submit an annual report for the preceding calendar year to the department.
(3) Every hospital, critical access hospital, or rural emergency hospital that is operating as a nonprofit health care facility under section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. 501(c)(3), shall submit to the department:
(a) a copy of internal revenue service form 990 schedule H and associated worksheets; and
(b) both a financial assistance policy and a community benefit plan for the current calendar year.
(4) Reports required under this section must be provided to the department within 30 days of filing the required forms with the internal revenue service annually.
(5) Information received by the department through reports, inspections, or provisions of parts 1 and 2 may not be disclosed in a way that would identify patients. A department employee who discloses information that would identify a patient must be dismissed from employment and subject to the provisions of 45-7-401 and 50-16-551, if applicable, unless the disclosure was authorized as permitted by law.
(6) Information and statistical reports from health care facilities that are considered necessary by the department for health planning and resource development activities must be made available to the public and the health planning agencies within the state. Applications by health care facilities for certificates of need and any information relevant to review of these applications, pursuant to part 3, must be accessible to the public.
History: En. Sec. 176, Ch. 197, L. 1967; R.C.M. 1947, 69-5218; amd. Sec. 5, Ch. 347, L. 1979; amd. Sec. 13, Ch. 329, L. 1983; amd. Sec. 26, Ch. 632, L. 1987; amd. Sec. 251, Ch. 546, L. 1995; amd. Sec. 4, Ch. 396, L. 2003; amd. Sec. 1, Ch. 364, L. 2023.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 1. General Provisions › 50-5-107. Unlawful use of word nursing

50-5-107. Unlawful use of word nursing.
It is unlawful for any facility operating in this state to use the word "nursing" in its name, signs, advertising, etc., unless that facility does in fact provide 24-hour nursing care by licensed nurses.
History: En. 69-5203.1 by Sec. 2, Ch. 448, L. 1973; R.C.M. 1947, 69-5203.1.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 1. General Provisions › 50-5-108. Injunction

50-5-108. Injunction.
The department may bring an action for injunction or other process against any person to:
(1) restrain a facility from engaging in a prohibited activity that is endangering the health, safety, or welfare of any individual under the care of the facility;
(2) enjoin a violation of part 1 or 2 of this chapter, or a violation of a rule, license provision, or order adopted or issued pursuant to part 1 or 2; or
(3) require compliance with part 1 or 2 of this chapter or compliance with a rule, license provision, or order adopted or issued pursuant to part 1 or 2.
History: En. Sec. 178, Ch. 197, L. 1967; amd. Sec. 75, Ch. 349, L. 1974; R.C.M. 1947, 69-5220; amd. Sec. 6, Ch. 347, L. 1979; amd. Sec. 10, Ch. 415, L. 1993.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 1. General Provisions › 50-5-109. Repealed

50-5-109. Repealed.
Sec. 13, Ch. 415, L. 1993.
History: En. Sec. 179, Ch. 197, L. 1967; R.C.M. 1947, 69-5221; amd. Sec. 7, Ch. 347, L. 1979.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 5. Hospitals and Related Facilities › Part 1. General Provisions › 50-5-111. Prohibited activities

50-5-111. Prohibited activities.
It is unlawful to:
(1) operate a facility without a license;
(2) prevent, interfere with, or impede department investigation, department enforcement, department examination of relevant books and records, or activities of the department concerning the preservation of evidence; or
(3) violate any provision of part 1 or 2 of this chapter or violate a rule, license provision, or order adopted or issued pursuant to part 1 or 2.
History: En. Sec. 1, Ch. 415, L. 1993.