reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.104 - EMERGENCY MEDICAL SERVICES › Subchapter 37.104.8 - Notification of Exposure to Infectious Disease › Rule 37.104.805 - EXPOSURE FORM

Current through Register Vol. 13, July 5, 2024
(1) A report of
				exposure must be filed with the health care facility by the designated officer
				on a form developed and approved by the department, entitled "Report of
				Exposure".
(2) The report form will
				require the following, at a minimum:
(a)
				name, address, and phone numbers of the emergency services provider who
				sustained an exposure;
(b) date and
				time of the exposure;
(c) a
				narrative description of the type of exposure that occurred, a detailed
				description of how the exposure took place, and a description of any
				precautions taken;
(d) the name
				and, if available, the date of birth of the patient;
(e) the name of the health care facility
				receiving the patient and the health care facility's infectious disease control
				officer;
(f) the name of the
				emergency services organization with which the health care provider was
				officially responding;
(g) the
				names and phone numbers of the designated officer and the alternate;
(h) the address of the designated officer to
				which the written notification required by
				50-16-702(2)(c),
				MCA, is to be sent; and
(i) the
				signature of the designated officer filing the report.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.104 - EMERGENCY MEDICAL SERVICES › Subchapter 37.104.8 - Notification of Exposure to Infectious Disease › Rule 37.104.810 - RECOMMENDED MEDICAL PRECAUTIONS AND TREATMENT

Current through Register Vol. 13, July 5, 2024
(1) At a minimum, a health care facility that
				notifies the designated officer of the emergency services provider who attended
				a patient prior to or during transport or who transported a patient who has
				been diagnosed as having one of the infectious diseases listed in ARM
				37.104.801 must recommend that the
				exposed emergency services provider take the medical precautions and treatment:
(a) specified in "The Control of Communicable
				Diseases Manual", published by the American Public Health Association, 16th
				Edition, 1995; and
(b) other
				additional medical precautions and treatment recommended by the health care
				facility.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.104 - EMERGENCY MEDICAL SERVICES › Subchapter 37.104.30 - Trauma Facility Designation › Rule 37.104.3002 - TRAUMA REGIONS

Current through Register Vol. 13, July 5, 2024
(1) The following
				regions are designated as trauma regions:
(a)
				the western trauma region, consisting of Beaverhead, Deer Lodge, Flathead,
				Granite, Lake, Lincoln, Mineral, Missoula, Powell, Ravalli, Sanders, and Silver
				Bow counties;
(b) the central
				trauma region, consisting of Blaine, Broadwater, Cascade, Chouteau, Glacier,
				Hill, Jefferson, Judith Basin, Lewis and Clark, Liberty, Meagher, Pondera,
				Teton, and Toole counties; and
(c)
				the eastern trauma region, consisting of Big Horn, Carbon, Carter, Custer,
				Daniels, Dawson, Fallon, Fergus, Gallatin, Garfield, Golden Valley, Madison,
				McCone, Musselshell, Park, Petroleum, Phillips, Powder River, Prairie,
				Richland, Roosevelt, Rosebud, Sheridan, Stillwater, Sweet Grass, Treasure,
				Valley, Wheatland, Wibaux, and Yellowstone counties.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.104 - EMERGENCY MEDICAL SERVICES › Subchapter 37.104.30 - Trauma Facility Designation › Rule 37.104.3006 - REGIONAL TRAUMA CARE ADVISORY COMMITTEES

Current through Register Vol. 13, July 5, 2024
(1) In addition to
				the requirements specified in 50-6-412 , MCA, each Regional Trauma Care
				Advisory Committee must do the following
(a)
				meet quarterly to identify specific regional trauma needs and to define
				corrective strategies;
(b) propose
				trauma care guidelines or protocol, backed by evidence and research showing
				their efficacy, to the State Trauma Care Committee;
(c) develop a Regional Trauma Plan that
				addresses each of the following trauma system components:
(i) prehospital trauma communications and
				dispatch;
(ii) medical control and
				treatment protocols for prehospital caregivers;
(iii) triage and transportation of trauma
				victims;
(iv) facility resources
				in the region for trauma patients;
(v) interfacility transfer of trauma
				patients;
(vi) rehabilitation
				resources;
(vii) criteria to
				determine what the composition of a patient's trauma team should be given the
				nature of the patient's trauma;
(viii) trauma performance improvement;
				and
(ix) disaster management;
				and
(d) keep minutes of
				each Regional Trauma Care Advisory Committee meeting and submit a copy to the
				State Trauma Care Committee.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.104 - EMERGENCY MEDICAL SERVICES › Subchapter 37.104.30 - Trauma Facility Designation › Rule 37.104.3007 - TATE TRAUMA CARE COMMITTEE

Current through Register Vol. 13, July 5, 2024
(1) The State
				Trauma Care Committee shall:
(a) meet
				quarterly to identify specific statewide trauma needs and to define corrective
				strategies;
(b) keep minutes and
				provide copies of those minutes to each Regional Trauma Care Advisory
				Committee;
(c) advise the
				department in the preparation of the annual trauma system report;
(d) assist in the development and oversight
				of the State Trauma System Plan; and
(e) approve the State Trauma System
				Plan.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.104 - EMERGENCY MEDICAL SERVICES › Subchapter 37.104.30 - Trauma Facility Designation › Rule 37.104.3012 - LEVELS OF TRAUMA FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) The department
				may designate a health care facility as belonging to one of the following
				levels of trauma facilities:
(a) comprehensive
				trauma center;
(b) regional trauma
				center;
(c) area trauma
				hospital;
(d) community trauma
				facility; or
(e) trauma receiving
				facility.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.104 - EMERGENCY MEDICAL SERVICES › Subchapter 37.104.30 - Trauma Facility Designation › Rule 37.104.3013 - TRAUMA FACILITY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A
				designated trauma facility must:
(a) adhere
				to these rules;
(b) continue to be
				a health care facility; and
(c)
				continue to provide the resources required for its designated level of trauma
				facility, as described in the Montana Trauma Facility Designation Criteria of
				the State Trauma Plan.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.104 - EMERGENCY MEDICAL SERVICES › Subchapter 37.104.30 - Trauma Facility Designation › Rule 37.104.3014 - TRAUMA REGISTRIES AND DATA REPORTING

Current through Register Vol. 13, July 5, 2024
(1) For the purpose
				of improving the quality of trauma care, all Montana health care facilities, as
				defined in 50-6-401 , MCA, must participate in the state trauma register by
				collecting and reporting to the department the data listed in (4), on the
				schedule required by (2).
(2)
				Within 60 days after the end of each quarter, each health care facility that
				provides service or care to trauma patients within Montana must submit to the
				department the information required by (4) concerning any trauma patient that
				it serves during any month of the quarter and who meets the criteria for
				inclusion in the trauma register that are set forth in the State Trauma
				Plan.
(3) The data must be
				submitted to the department's trauma register in the same format as the state
				register uses, unless the department allows an alternate means of submission if
				use of the department's prescribed format would impose a severe hardship on the
				reporting facility. All health care facilities must submit the data
				electronically.
(4) The following
				data fields must be reported to the department:
(a) patient information that includes:
(i) a unique trauma patient
				identifier;
(ii) date of
				birth;
(iii) age;
(iv) sex;
(v) race; and
(vi) address;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.104 - EMERGENCY MEDICAL SERVICES › Subchapter 37.104.30 - Trauma Facility Designation › Rule 37.104.3020 - COMPOSITION OF SITE REVIEW TEAMS

Current through Register Vol. 13, July 5, 2024
(1) The site review
				team for comprehensive trauma centers, regional trauma centers, area trauma
				hospitals, and community trauma facilities must be composed of either
				out-of-state or in-state surveyors from a trauma center that is not owned or
				operated by the same entity as the applicant and must include a general
				surgeon, a trauma nurse coordinator, department staff, and other members
				determined to be necessary by the department or requested by the health care
				facility being reviewed.
(2) The
				site review team for a trauma receiving facility must be composed of either
				out-of-state or in-state surveyors from a trauma center that is not owned or
				operated by the same entity as the applicant and must include a physician, a
				trauma nurse coordinator, department staff, and other members determined to be
				necessary by the department or requested by the health care facility being
				reviewed.
AUTH:
					 50-6-402, MCA; IMP:
					 50-6-402,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.104 - EMERGENCY MEDICAL SERVICES › Subchapter 37.104.30 - Trauma Facility Designation › Rule 37.104.3021 - DESIGNATION PROCEDURES FOR FACILITIES NOT VERIFIED BY AMERICAN COLLEGE OF SURGEONS

Current through Register Vol. 13, July 5, 2024
(1) A Montana
				health care facility that is not currently verified by the American College of
				Surgeons as meeting the American College of Surgeons' criteria to qualify for
				verification as a trauma facility and that wishes a designation or renewal of
				designation as a Montana trauma facility must submit to the department an
				application for trauma facility designation, supplied by the
				department.
(2) The application
				must:
(a) specify the level of designation
				for which the facility is applying; and
(b) provide information about the facility's
				compliance with the Montana Trauma Facility Designation Criteria of the State
				Trauma Plan that are required for that level of trauma facility.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.104 - EMERGENCY MEDICAL SERVICES › Subchapter 37.104.30 - Trauma Facility Designation › Rule 37.104.3022 - DESIGNATION PROCEDURES FOR FACILITIES VERIFIED AS A TRAUMA FACILITY BY THE AMERICAN COLLEGE OF SURGEONS

Current through Register Vol. 13, July 5, 2024
(1) A health care
				facility with a current certificate of verification from the American College
				of Surgeons as a trauma facility qualifies as one of the following types of
				Montana trauma facility as set out in (2), providing it submits an application,
				department staff attend the on-site or virtual review conducted by the American
				College of Surgeons, and the facility demonstrates compliance with all
				requirements described in the Montana Trauma Facility Designation Criteria that
				may differ from the American College of Surgeons' standards in the college's
				document entitled "Resources for Optimal Care of the Injured Patient: 2022
				standards." A copy of this document may be obtained as set forth in
				(8).
(2) A current certificate of
				verification for the following levels established by the American College of
				Surgeons qualifies a health care facility as the following type of Montana
				trauma facility:
(a) a level I trauma center
				qualifies as a comprehensive trauma center;
(b) a level II trauma center qualifies as a
				regional trauma center;
(c) a level
				III trauma center qualifies as an area trauma facility; and
(d) a level IV trauma center qualifies as a
				community trauma facility.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.104 - EMERGENCY MEDICAL SERVICES › Subchapter 37.104.30 - Trauma Facility Designation › Rule 37.104.3025 - DESIGNATION PERIOD

Current through Register Vol. 13, July 5, 2024
(1) When a trauma
				facility is designated as such pursuant to ARM
				37.104.3021,
				the period of designation is for three years beginning from the date the notice
				of designation is issued.
(2) When
				a trauma facility is designated as such pursuant to ARM
				37.104.3022,
				the expiration date of the designation shall coincide with the expiration date
				of the American College of Surgeons' Certificate of Verification. Upon
				expiration of the Certificate of Verification, the facility may be granted a
				Montana designation extension of up to six months if the department receives
				documentation that an American College of Surgeons' verification survey is
				anticipated.
(3) A provisional
				designation imposed pursuant to ARM
				37.104.3030
				is valid for a period determined by the department in consultation with the
				designation subcommittee, but not longer than 12 months. The provisional
				designation expires on the date set by the department unless the provisionally
				designated trauma facility:
(a) receives a
				focused review by the department in consultation with the designation
				subcommittee to determine if the corrective action plan has resulted in
				compliance with the required criteria; and
(b) the department determines that the
				corrective action plan has resulted in the facility successfully meeting the
				required criteria, in which case the department shall issue a designation as a
				trauma facility.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.104 - EMERGENCY MEDICAL SERVICES › Subchapter 37.104.30 - Trauma Facility Designation › Rule 37.104.3030 - COMPLAINT INVESTIGATION, REVOCATION, OR EMERGENCY SUSPENSION

Current through Register Vol. 13, July 5, 2024
(1) The department may review, inspect,
				evaluate, and audit trauma patient medical records, inpatient logs, hospital
				emergency department logs, trauma performance improvement documentation, and
				any other documents relevant to trauma care by any trauma facility at any time
				to verify compliance with these rules.
(2) The confidentiality of such records will
				be maintained by the department in accordance with state and federal
				law.
(3) The department will
				investigate written complaints alleging violation of these rules in the
				following manner:
(a) The department will
				request and the designated facility shall provide information that the
				department determines necessary to the investigation of the
				complaint.
(b) The results of a
				department investigation will be reviewed with the designation
				subcommittee.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.104 - EMERGENCY MEDICAL SERVICES › Subchapter 37.104.30 - Trauma Facility Designation › Rule 37.104.3031 - DENIAL MODIFICATION, SUSPENSION, OR REVOCATION OF DESIGNATION, AND APPEAL

Current through Register Vol. 13, July 5, 2024
(1) If the
				department proposes to deny, modify, suspend, or revoke a facility's trauma
				designation, the department shall notify the health care facility of that fact
				by registered or certified mail at the last address shown in the department
				records.
(2) The notice shall state
				the alleged facts that warrant the action and that the facility has an
				opportunity to request a hearing before the department to contest the
				decision.
(3) If the facility wants
				to appeal the department's decision, it must request a hearing in writing
				within 30 calendar days after the date of receipt of the notice. The request
				must be in writing and submitted to the Department of Public Health and Human
				Services, Office of Fair Hearings, P.O. Box 202953, Helena, MT
				59620-2953.
(4) If a hearing is
				requested, the hearing will be held in accordance with the informal hearing
				procedures described in
				2-4-604,
				MCA, and ARM
				37.5.117 and
				37.5.311.
(5) If the facility does not request a
				hearing by the deadline cited in (3), after being sent the notice of
				opportunity for hearing, the facility will be deemed as to have waived the
				opportunity for a hearing, and the department's decision to deny, modify, or
				revoke a facility's trauma designation will be final.
(6) As provided in ARM
				37.104.3030, suspension of a
				trauma designation on an emergency basis is effective immediately upon receipt
				by the trauma facility of the notice required by (1), and remains in effect
				unless the facility files an appeal with the department and the suspension is
				lifted after a hearing.
50-6-402,
					 MCA; IMP,
					 2-4-604,
					 50-6-402,
					 50-6-410,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.104 - EMERGENCY MEDICAL SERVICES › Subchapter 37.104.30 - Trauma Facility Designation › Rule 37.104.3034 - REAPPLICATION FOR DESIGNATION

Current through Register Vol. 13, July 5, 2024
(1) Six months
				after the denial of its request for designation, a health care facility may
				reapply for trauma facility designation pursuant to ARM
				37.104.3021 or
				37.104.3022.
(2) If a health care facility's trauma
				designation has been revoked, one year after the revocation was final, the
				facility may petition the department, in writing, to be allowed to reapply to
				be designated a trauma facility once again. The department may deny the
				opportunity to reapply if, after investigation, the department determines that
				the reason for the revocation continues to exist. If the application is
				allowed, the hospital or facility must meet the requirements of ARM
				37.104.3021 or 37.104.3022,
				whichever is relevant.
50-6-402,
					 MCA; IMP,
					 50-6-402,
					 50-6-410,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.1 - Certificate of Need › Rule 37.106.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) For the purpose of this subchapter:
(a) "Capital expenditure" is defined as
				provided in
				50-5-101,
				MCA.
(b) "Long-term care facilities
				plan" means the plan prepared by the department containing guidelines for
				determining need for long-term care facilities and services subject to
				certificate of need review that is most recently approved by the Governor and a
				statewide health coordinating council appointed by the director of the
				department.
(c) "Long-term care
				facility" is defined as provided in
				50-5-301,
				MCA.
(d) "Swing-bed" means a
				licensed hospital, medical assistance facility, or critical access hospital bed
				that is also certified for the provision of long-term care pursuant to 42 CFR
				482. 58.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.1 - Certificate of Need › Rule 37.106.103 - LONG-TERM CARE: WHERE ALLOWED

Current through Register Vol. 13, July 5, 2024
(1) A
				health care facility, as defined in
				50-5-301,
				MCA, may provide long-term care only if:
(a)
				it is licensed to provide the level of care in question; or
(b) it has received certificate of need
				approval pursuant to ARM
				37.106.126 for the establishment
				of swing beds, is certified to provide long-term care in such swing beds, and
				the provision of long-term care is limited to such swing beds.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.1 - Certificate of Need › Rule 37.106.106 - SUBMISSION OF LETTER OF INTENT

Current through Register Vol. 13, July 5, 2024
(1) Any person
				proposing an activity other than those to which (2) and (3) apply and that is
				subject to review under
				50-5-301,
				MCA, and not exempt under
				50-5-309,
				MCA, shall submit to the department a letter of intent that contains the
				following:
(a) name of applicant;
(b) proposal title;
(c) a detailed statement outlining whether
				the proposal involves:
(i) the addition of a
				new service that is offered by or on behalf of the long-term care facility that
				was not offered by or on behalf of the long-term care facility within the
				12-month period before the month in which the service would be offered, and, if
				so, an estimate of the annual operating and amortization expenses required to
				provide it;
(ii) the construction,
				development, or other establishment of a long-term care facility that did not
				previously exist or is being replaced;
(iii) a change in bed capacity through an
				increase in the number of beds or a relocation of beds from one facility or
				site to another;
(iv) the use of
				hospital beds to provide nursing or intermediate developmental disability care
				and, if so, the number of beds involved;
(v) the provision of hospital beds to provide
				long-term care; or
(vi) other
				(explain) ;
(d) a
				narrative summary of the proposal;
(e) an itemized estimate of proposed capital
				expenditures, including a list of proposed major medical equipment with a
				description of each and the cost of the construction of any building, including
				remodeling, necessary to house it;
(f) anticipated methods and terms of
				financing the proposal;
(g)
				effects of the proposal on the cost of patient care in the service area
				affected;
(h) projected dates for
				commencement and completion of the proposal;
(i) the proposed geographic area to be
				served;
(j) an itemized estimate of
				increases in annual operating and/or amortization expenses resulting from new
				health services;
(k) the location
				of the proposed project, including its street address;
(l) if the person desires comparative review
				of their proposal with that of another applicant, the name of the other
				applicant;
(m) the name of the
				person to contact for further information, including city, state, zip code and
				telephone number; and
(n) the
				dated signature of an authorized representative of the applicant.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.1 - Certificate of Need › Rule 37.106.108 - NOTICE OF ACCEPTANCE OR EFFECTIVE WITHDRAWAL OF APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) When an application is determined to be
				complete, the department shall issue a letter of acceptance.
(2) When an application is determined to be
				incomplete after the applicant has been given an opportunity to submit
				additional information, the department will issue the applicant a letter
				declaring the application is effectively withdrawn.
Sec.
					 50-5-103
					 and
					 50-5-302,
					 MCA; IMP, Sec.
					 50-5-302,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.1 - Certificate of Need › Rule 37.106.112 - INFORMATIONAL HEARING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Any
				affected person may request an informational hearing to be held during the
				course of the review period by writing to the department. The department may
				also hold a hearing on its own initiative.
(2) Whenever an application is received by
				the department, the department will publish a notice of that fact in a
				newspaper of general circulation in the area to be served by the proposal,
				unless the application is subject to comparative review with another, in which
				case the newspaper notice will be published after receipt of all of the
				applications to be comparatively reviewed. A hearing request must be received
				by the department within 30 calendar days after the date the newspaper notice
				is published.
(3) Notice of the
				informational hearing will be given at least 14 calendar days before the
				hearing date by the following means:
(a)
				Written notice must be sent by mail to the person requesting the hearing, the
				applicant, and all other applicants assigned for comparative review with the
				applicant, if any. Other persons who have requested notice will be notified by
				mail.
(b) Notice to all other
				affected persons will be by legal advertisement in a newspaper with general
				circulation in the service area affected by the application.
(c) The notice must indicate:
(i) the date of the hearing;
(ii) the time of the hearing;
(iii) the location of the hearing;
				and
(iv) the person to whom written
				comments may be sent prior to the hearing.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.1 - Certificate of Need › Rule 37.106.113 - CRITERIA AND FINDINGS

Current through Register Vol. 13, July 5, 2024
(1) The criteria
				listed in (a) through (k) are statutory criteria required by
				50-5-304,
				MCA, and will be considered by the department in making its decision:
(a) the degree to which the proposal being
				reviewed:
(i) demonstrates that the service is
				needed by the population within the service area defined in the
				proposal;
(ii) provides data that
				demonstrates the need for services contrary to the current state long-term care
				facilities plan, including waiting lists, projected service volumes,
				differences in cost and quality of services, and availability of services;
				or
(iii) is consistent with the
				current state long-term care facilities plan.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.1 - Certificate of Need › Rule 37.106.114 - DEPARTMENT DECISION

Current through Register Vol. 13, July 5, 2024
(1) If the
				department fails to reach and issue a decision within the deadlines established
				by
				50-5-302,
				MCA, a certificate of need will not automatically issue unless the delay is due
				to an abuse of discretion by the department and the applicant obtains a writ of
				mandamus ordering the department to issue the certificate.
(2) If the certificate of need is issued with
				conditions, the conditions must be directly related to the project under
				review, and to the criteria listed in
				50-5-304,
				MCA, and ARM
				37.106.113, and cannot increase
				the scope of the project.
(3) The
				basis for the decision of the department must be expressed in written findings
				of fact and conclusions of law, which must be sent via certified mail to the
				applicant and all other applicants assigned for comparative review with the
				applicant, along with a notice of the right to a reconsideration hearing
				pursuant to
				50-5-306,
				MCA, and the deadline for requesting such a hearing. The findings, conclusions,
				and notice will be made available, upon request, to others for cost.
(4) Notice, in summary form, of the
				department's decision, the right to request a reconsideration hearing, and the
				deadline for such a request will also be sent to each health care facility of
				the type affected by the application or applications in question within the
				geographic area affected by the application(s).
Sec.
					 50-5-103
					 and
					 50-5-302,
					 MCA; IMP, Sec.
					 50-5-302
					 and
					 50-5-304,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.1 - Certificate of Need › Rule 37.106.120 - DURATION OF CERTIFICATE: TERMINATION; EXTENSION

Current through Register Vol. 13, July 5, 2024
(1) The department may, after notice and
				opportunity for a hearing, suspend or revoke a certificate of need upon a
				finding that the holder of the certificate is in violation of the certificate
				of need law, this chapter, or the terms of the certificate of need. The notice
				and hearing provisions of the Montana Administrative Procedure Act (Title 2,
				chapter 4, part 6, MCA) will apply.
(2)
(a) A
				holder of a certificate of need may submit to the department a written request
				for a 6-month extension of his certificate of need, for good cause. The request
				must set forth the reasons constituting good cause for the extension and must
				be received by the department by 5:00 p.m. on the expiration date if it is to
				be considered.
(b) Within 20 days
				after receipt of the request, the department must issue its written decision
				granting or denying the extension. The decision must be sent to the applicant
				by certified mail, and distributed at cost to others who request it.
(c) Reconsideration of the department's
				decision may be requested by the holder and will be granted if the requester:
(i) presents significant relevant information
				not previously considered by the department; or
(ii) demonstrates that there have been
				significant changes in factors or circumstances relied upon by the department
				in reaching its decision.
(d) "Good cause" for the purpose of (2) (a)
				includes, but is not limited to, emergency situations which prevent the
				recipient of the certificate of need from obtaining necessary financing,
				commencing construction, or implementing a new service.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.1 - Certificate of Need › Rule 37.106.121 - INCREASE IN CERTIFIED COST

Current through Register Vol. 13, July 5, 2024
(1) The
				recipient of a certificate of need shall report to the department any increase
				in the cost of an approved project in excess of $150,000 or 15% of the approved
				budget for the project, whichever is greater. Any cost increase that exceeds
				the foregoing threshold must be approved by the department.
Sec.
					 50-5-302,
					 MCA; IMP, Sec.
					 50-5-106
					 and
					 50-5-301,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.1 - Certificate of Need › Rule 37.106.126 - SWING-BEDS: REVIEW CRITERIA

Current through Register Vol. 13, July 5, 2024
(1) A
				certificate of need may be issued to a hospital, medical assistance facility,
				or critical access hospital to establish swing-beds only if, in addition to
				compliance with all other applicable provisions of
				50-5-304,
				MCA, and ARM
				37.106.113:
(a) existing licensed long-term care
				facilities in the service area, which provide the level of care proposed to be
				provided by the hospital or medical assistance facility, have an aggregate
				average occupancy level of at least 95% during the three years prior to the
				date of the application for certificate of need; and
(b) no more than 50% of the excess bed
				capacity of the hospital, medical assistance facility, or critical access
				hospital will be approved as swing-beds. Excess bed capacity is the difference
				between the number of licensed beds in the facility and the average acute care
				occupancy level of the facility over the three years prior to the date of the
				application for certificate of need.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.1 - Certificate of Need › Rule 37.106.133 - CERTIFICATE OF NEED APPLICATION: INTRODUCTION AND COVER LETTER

Current through Register Vol. 13, July 5, 2024
(1) It is suggested that the applicant
				contact the health planning program before completing and submitting the
				necessary information. If an early contact is made, the applicant will be made
				aware of what will be required in specific cases before a formal application is
				completed and submitted.
(2) The
				applicant must send a cover letter, containing the information included in the
				original letter of intent with any pertinent revisions, to the Department of
				Public Health and Human Services, Office of Inspector General, Certificate of
				Need Program, 2401 Colonial Drive, P.O. Box 202953, Helena, MT 59620-2953. The
				cover letter must accompany the original and each of the two copies of the
				information required by ARM
				37.106.134.
AUTH:
					 2-4-201,
					 50-5-302,
					 MCA; IMP:
					 50-5-302,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.1 - Certificate of Need › Rule 37.106.134 - CERTIFICATE OF NEED APPLICATION: REQUIRED INFORMATION

Current through Register Vol. 13, July 5, 2024
The following must be included in a certificate of need
				  application:
(1) An explanation of the
				need for the facility or service, including the following information:
(a) the geographic area the proposed project
				will serve and the criteria being used for determining this service area;
(b) the current population of that
				service area (identify the source of information) ;
(c) the five-year projected population of
				that service area (identify the source of information) ;
(d) the percent of the population in that
				service area expected to be served;
(e) in terms of age, ethnic background and
				economic status, a description of the specific population which will be served
				by the proposed new institution or service. The applicant shall indicate the
				number of people matching this description in the service area (general public
				should be indicated if the facility is for non-specific population) ;
(f) an explanation of current and
				projected future trends in health care which might affect facility usage which
				were given consideration in the development of this project (identify source of
				information) ;
(g) a patient
				origin study for the last three years of operation;
(h) why the service or institution is needed
				in the identified service area;
(i) the purposes and goals of the project;
				(j) whether there is a waiting list of persons desiring the proposed services.
				If so, a copy of the list must be provided.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.1 - Certificate of Need › Rule 37.106.138 - ANNUAL FINANCIAL REPORTS BY HOSPITALS AND CRITICAL ACCESS HOSPITALS

Current through Register Vol. 13, July 5, 2024
(1) Every hospital and critical access
				hospital shall submit an annual financial report to the department on a form
				provided by the department by the deadline specified on the form. The annual
				financial report must be signed by the hospital administrator and must include
				whichever of the following information is requested on the form:
(a) hospital revenues for both acute and
				long-term care units, including:
(i) gross
				revenue from inpatient and outpatient service;
(ii) deductions for contractual adjustments,
				bad debts, charity, etc.;
(iii)
				other operating revenue;
(iv)
				nonoperating revenue (such as government appropriations, mill levies,
				contributions, grants, etc.) ; (b) hospital expenses for both acute and
				long-term care units, including:
(i) payroll
				expenses for all categories of personnel;
(ii) nonpayroll expenses, including employee
				benefits, professional fees, depreciation expense, interest expense,
				others;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.1 - Certificate of Need › Rule 37.106.139 - ANNUAL REPORTS BY LONG-TERM CARE FACILITIES

Current through Register Vol. 13, July 5, 2024
(1)
				Every long-term care facility shall submit an annual report to the department
				on a form provided by the department by the deadline specified on the form. The
				annual report must be signed by the facility administrator and must include
				whichever of the following information is requested on the form:
(a) the facility's reporting period, and
				whether the facility was in operation for a full 12 months at the end of the
				reporting period;
(b) a discussion
				of the organizational aspects of the facility, including the following
				information:
(i) the type of organization or
				entity responsible for the day-to-day operation of the facility (e.g., state,
				county, city, federal, hospital district, church related, nonprofit
				corporation, individual, partnership, business corporation) ;
(ii) whether the controlling organization
				leases the physical plant from another organization. If so, the name and type
				of organization that owns the plant;
(iii) any changes in the ownership, board of
				directors or articles of incorporation of the facility during the past year;
(iv) the name of the current
				chairman of the board of directors of the facility;
(v) if the controlling organization has
				placed responsibility for the administration of the facility with another
				organization, the name and type of organization that manages the facility. A
				copy of the latest management agreement must be provided;
(vi) if the facility is operated as a part of
				a multi-facility system (e.g., medical center, chain of hospitals owned by a
				religious order, etc.) the name and address of the parent organization;
(c) utilization
				information, including:
(i) licensed bed
				capacity (skilled and intermediate) ;
(ii) whether the facility is certified for
				medicare or medicaid;
(iii) number
				of beds currently set up and staffed;
(iv) total patient census on first day of
				reporting period; total admissions, discharges, patient deaths, and
				patient-days of service during the reporting period;
(v) patient census on last day of reporting
				period, broken down by sex and age categories;
(d) financial data, including:
(i) total annual operating expenses (payroll
				and non- payroll) ;
(ii) closing
				date of financial statement;
(iii)
				sources of operating revenue, indicating percent received from medicare,
				medicaid, private pay, insurance, grants, contributions, and other;
(e) staff information, including
				number and classification of full and part-time medical personnel, as required
				on the survey form;
(f) patient
				origin data, including patients' counties of residence, and number of
				admissions from state institutions and from out-of-state;
(g) name of person to contact should the
				department have any questions regarding the information on the report.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.1 - Certificate of Need › Rule 37.106.140 - ANNUAL REPORTS BY HOME HEALTH AGENCIES

Current through Register Vol. 13, July 5, 2024
(1)
				Every home health agency shall submit an annual report to the department on a
				form provided by the department and no later than the deadline specified on the
				form. The report must be signed by the administrator of the agency and must
				include whichever of the following information is requested on the form:
(a) whether the agency has medicare
				certification, and if so, the term of such certification;
(b) the agency's reporting period, and
				whether the agency was in operation for a full 12 months at the end of the
				reporting period;
(c) a discussion
				of the organizational aspects of the project, including the following
				information:
(i) the type of organization or
				entity responsible for the day-to-day operation of the agency (e.g., state,
				county, city, federal, hospital district, church related, nonprofit
				corporation, individual, partnership, business corporation) ;
(ii) whether the home health agency is owned
				by the same organization that controls it. If not, the name and type of
				organization that owns the agency;
(iii) any changes in the ownership, board of
				directors or articles of incorporation of the agency during the past
				year;
(iv) the name of the current
				chairman of the board of directors of the agency;
(v) if the controlling organization has
				placed responsibility for the administration of the agency with another
				organization, the name and type of organization that manages the facility. A
				copy of the latest management agreement must be provided;
(vi) if the agency is operated as a part of a
				multi-facility system (e.g., medical center, chain of hospitals owned by a
				religious order, etc.) the name and address of the parent
				organization;
(d) a
				listing of specific services provided by the agency, and the number of people
				served and number of visits made for each service;
(e) a description of the geographic area
				served by the agency;
(f) the
				number of persons served by the agency and the number of new cases acquired by
				the agency during the reporting period;
(g) financial data, including:
(i) payroll and non-payroll
				expenses;
(ii) closing date of
				financial statement;
(iii) sources
				of operating revenue, indicating percentage received from medicare, medicaid,
				private pay, insurance, grants, contributions, other;
(h) staff information, including number of
				full, part-time and contracted registered and licensed professional nurses,
				home health aids, student nurses, and others;
(i) the name of the person to contact should
				the department have questions regarding the information on the
				report.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.3 - Construction and Minimum Standards for All Health Care Facilities › Rule 37.106.301 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definitions apply in this subchapter:
(1) "Administrator" means the individual
				responsible for the day-to-day operation of a health care facility.
(2) "Communicable disease" means a disease
				that may be transmitted directly or indirectly from one individual to
				another.
(3) "Inpatient" means a
				person who has been admitted to a hospital for bed occupancy for purposes of
				receiving inpatient hospital services.
(4) "Medical record" means a written document
				which is complete, current, and contains sufficient information for planning a
				patient's, resident's, or client's care, reviewing and evaluating care
				rendered, evaluating a patient's, resident's, or client's condition, and for
				providing a means of communication among all persons providing care.
(5) "Observation bed or unit" means a bed or
				unit within a hospital, critical access hospital, or specialty hospital that
				includes ongoing short-term treatment, assessment, and reassessment, and is not
				considered an inpatient bed. Patient stays in observation beds are limited to
				48 hours during which time a decision must be made whether a patient requires
				further treatment as an inpatient.
(6) "Outpatient" means a person receiving
				health care services and treatment at a facility for a period of less than 24
				hours without being admitted as an inpatient to the facility.
(7) "Secured care unit" means a licensed
				facility or unit of a facility that provides care in an environment where the
				doors are secured by delayed egress locks 24 hours a day.
AUTH:
					 50-5-103,
					 MCA; IMP:
					 50-5-101,
					 50-5-103,
					 50-5-104,
					 50-5-105,
					 50-5-106,
					 50-5-107,
					 50-5-108,
					 50-5-201,
					 50-5-202,
					 50-5-203,
					 50-5-204,
					 50-5-207,
					 50-5-208,
					 50-5-210,
					 50-5-211,
					 50-5-212,
					 50-5-225,
					 50-5-226,
					 50-5-227,
					 50-5-228,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.3 - Construction and Minimum Standards for All Health Care Facilities › Rule 37.106.302 - MINIMUM STANDARDS OF CONSTRUCTION: GENERAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The provisions of this subchapter apply
				to all health care facilities licensed or to be licensed by the department. To
				the extent that other licensure rules in ARM Title 37, chapter 106, subchapter
				3 conflict with the terms of facility-specific rules, the specific facility
				rules will apply.
(2) The
				construction of, alteration, or addition to a health care facility shall comply
				with:
(a) the 2018 edition of the "American
				Institute for Architects (AIA) Guidelines for Design and Construction of
				Hospitals and Health Care Facilities," which the department adopts and
				incorporates by reference, which sets forth the minimum construction equipment
				requirements deemed necessary by the state Department of Public Health and
				Human Services to ensure health care facilities can be efficiently maintained
				and operated to furnish adequate care. Copies of the cited edition are
				available at the Department of Public Health and Human Services, Office of
				Inspector General, 2401 Colonial Drive, P.O. Box 202953, Helena, MT,
				59620-2953;
(b) "NFPA 101: Life
				Safety Code Handbook," 2012 Edition published by the National Fire Protection
				Association, which the department adopts and incorporates by reference, which
				sets forth construction and operation requirements designed to protect against
				fire hazards. Copies of the cited edition are available at the Department of
				Public Health and Human Services, Office of Inspector General, 2401 Colonial
				Drive, P.O. Box 202953, Helena, MT, 59620-2953;
(c) the 2009 "American National Standards
				Institute A117.1," which the department adopts and incorporates by reference,
				which sets forth standards for buildings and facilities providing accessibility
				and usability for physically handicapped individuals. Copies of the cited
				edition are available at the Department of Public Health and Human Services,
				Office of Inspector General 2401 Colonial Drive, P.O. Box 202953, Helena, MT,
				59620-2953;
(d) the water supply
				system requirements of ARM
				37.111.115;
				and
(e) the sewage system
				requirements of ARM
				37.111.116.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.3 - Construction and Minimum Standards for All Health Care Facilities › Rule 37.106.306 - SUBMISSION OF PLANS AND SPECIFICATIONS: HEALTH CARE FACILITY NEW CONSTRUCTION, ALTERATION OR ADDITION

Current through Register Vol. 13, July 5, 2024
(1) Prior to
				beginning construction of a new health care facility or before construction of
				an addition or alteration to a health care facility, the following plans and
				specifications must be submitted to the department for approval:
(a) schematic plans which include but are not
				limited to:
(i) single line drawings of each
				floor;
(ii) the name of each room
				and the relationship of the various departments or services to each other and
				the room arrangement in each department must be noted;
(iii) total floor area and number of beds
				must be noted on the plans;
(iv)
				the proposed roads and walks, service and entrance courts, and parking must be
				shown on the site plan; and
(v) if
				requested by the department, submission of a narrative regarding a specific
				schematic function to clarify and provide additional information.