reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.8 - Licensing of Specialty Hospitals › Rule 37.106.804 - GENERAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A specialty
				hospital must comply with the requirements under 42 CFR subchapter G subpart E.
				The department adopts and incorporates by reference 42 CFR subchapter G subpart
				E, which sets forth the Centers for Medicare and Medicaid Services Conditions
				of Participation for Hospitals as the standard for the operation of specialty
				hospitals in Montana. A copy of the cited requirements may be obtained from the
				Department of Public Health and Human Services, Office of Inspector General,
				Licensure Bureau, 2401 Colonial Drive, P.O. Box 202953, Helena, MT
				59620-2953.
AUTH:
					 50-5-103,
					 50-5-545, MCA; IMP:
					 50-5-103,
					 50-5-245,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.8 - Licensing of Specialty Hospitals › Rule 37.106.805 - IMPACT STUDY

Current through Register Vol. 13, July 5, 2024
(1) As indicated in
				ARM 37.106.804 a condition of
				application for a proposed specialty hospital is that it must conduct an impact
				study that analyzes the financial and operational impacts of the proposed
				specialty hospital on existing health care facilities in the service area. The
				impact study must be completed prior to submitting the application for
				licensure.
(2) The impact study
				process will consist of:
(a) notification of
				specialty hospital formation intent;
(b) public participation on impact study
				consultant selection and scope;
(c)
				selection of impact study consultant and scope finalization;
(d) impact study completion and submission;
				and
(e) department review and
				determination.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.8 - Licensing of Specialty Hospitals › Rule 37.106.806 - LICENSE APPLICATION PROCESS

Current through Register Vol. 13, July 5, 2024
(1)
				Application for a specialty hospital must be made on an application form
				provided by the department. At least 30 days prior to the opening of a
				facility, an applicant must submit to the department:
(a) a completed license application form
				which must contain the following information:
(i) the name and address of the applicant if
				an individual; the name and address of each member of a firm, partnership, or
				association; or the name and address of each officer if a
				corporation;
(ii) the location of
				the proposed specialty hospital facility;
(iii) the name of the person or persons who
				will administer, manage, or supervise the specialty hospital
				facility;
(iv) the number and type
				of patients or residents for which care is to be provided;
(v) the number of employees in all job
				classifications;
(vi) a copy of the
				contract, lease agreement, or other document indicating the person legally
				responsible for the operation of the specialty hospital facility if the
				specialty hospital is operated by a person other than the owner;
(vii) the designated name of the specialty
				hospital to be licensed; and
(viii)
				the owner or operator of a health care facility must sign the completed license
				application form.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.8 - Licensing of Specialty Hospitals › Rule 37.106.809 - FACILITY TRANSFER OF CARE AGREEMENT

Current through Register Vol. 13, July 5, 2024
(1)
				Prior to accepting patients, a specialty hospital must have in place a signed
				transfer of care agreement with a hospital capable of providing emergency care
				services appropriate to the patient's medical needs. A specialty hospital must
				also have written policies that result in medically appropriate
				transfers.
(2) Prior to
				transferring a patient from a specialty hospital, the specialty hospital must:
(a) notify the receiving hospital before the
				patient is transferred and receive confirmation from the receiving hospital
				that services necessary to treat the patient are available;
(b) use medically appropriate life support
				measures to stabilize the patient before the transfer and to sustain the
				patient during the transfer;
(c)
				transfer all necessary records for continuing the care for the patient;
				and
(d) in cases of nonemergent
				care services ensure that the patient or legally responsible person acting on
				the patient's behalf are informed of the risk and benefit of
				transfer.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.8 - Licensing of Specialty Hospitals › Rule 37.106.810 - ADMINISTRATOR

Current through Register Vol. 13, July 5, 2024
(1) Each specialty hospital must have an
				administrator who:
(a) maintains daily
				overall responsibility for the facility operations;
(b) develops and oversees the implementation
				of all policies and procedures pertaining to the operation of the specialty
				hospital;
(c) establishes written
				policies and procedures for all facility human resource services;
(d) establishes a process for patient
				complaints and grievances;
(e)
				establishes a patient incident report file on all patient incidents or
				allegation of abuse;
(f) develops
				and maintains an organizational chart that delineates the current lines of
				authority, responsibility, and accountability for the administration and
				provision of all facility patient treatment programs and services;
				and
(g) develops and implements
				written orientation and training procedures on all facility policies and
				procedures for all employees or contractors, relief workers, temporary
				employees, students, interns, volunteers, and trainees to include, but not
				limited to:
(i) defining responsibilities,
				limitations, and supervision of students, interns, and volunteers working for
				the specialty hospital; and
(ii)
				verifying each professional staff member's credentials, when hired, and
				annually thereafter, to ensure the continued credentialing of required
				licenses.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.8 - Licensing of Specialty Hospitals › Rule 37.106.811 - CHARITY CARE POLICY

Current through Register Vol. 13, July 5, 2024
(1) Every specialty
				hospital must have a charity care policy that is actively implemented. The
				charity care policy should reflect the organization's mission statement,
				organizational goals and objectives, and legal and resource
				constraints.
(2) A specialty
				hospital devising a charity care policy should clearly identify the difference
				between charity care and bad debt.
(3) For any specialty hospital that has a For
				Profit tax status, the facility's charity care policy must be commensurate to
				the policies which exist for any nonprofit hospital in the service
				area.
(4) In addition to (1), the
				charity care policy criteria should include a mixture of the following factors:
(a) individual or family income or net
				worth;
(b) employment status and
				earning capacity;
(c) family
				size;
(d) other financial
				obligations;
(e) other sources of
				payment for the services rendered;
(f) type of services provided, whether
				elective or emergency;
(g) costs to
				provide services exceeds third-party payments for services; and
(h) in the case of emergency department
				visits only, failure of the patient to cooperate with billing inquiries when
				the patient lives in a zip code known to have a per capita income below the
				federal poverty level.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.8 - Licensing of Specialty Hospitals › Rule 37.106.812 - JOINT VENTURE RELATIONSHIP REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Each specialty hospital must have a joint venture relationship with a hospital
				or a signed statement from a nonprofit hospital in the community acknowledging
				that the hospital declined a bona fide, good faith opportunity to participate
				in a joint venture with the specialty hospital applicant.
(2) To qualify as a joint venture, the
				agreements must contain the following four elements:
(a) an express agreement or contract creating
				and defining the joint venture;
(b)
				a common purpose among the parties;
(c) community of interest; and
(d) equal right to control of the
				venture.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.8 - Licensing of Specialty Hospitals › Rule 37.106.815 - LICENSE DENIAL

Current through Register Vol. 13, July 5, 2024
(1) The department
				may deny an application for a specialty hospital as a result of an adverse
				impact study or for any reason as outlined in
				50-5-207,
				MCA.
(2) If an application for a
				specialty hospital is denied for any reason, the department will issue a
				written denial of the license, the grounds for denial, and the right of the
				applicant to an appeal pursuant to
				50-5-208,
				MCA.
(3) A decision to deny an
				application or to impose conditions upon an applicant or licensee may be
				appealed by the applicant by filing a request for a hearing, in writing, to the
				department's Office of Fair Hearings.
(4) Hearing requests must be received by the
				Office of Fair Hearings at P.O. Box 202953, 2401 Colonial Drive, Third Floor,
				Helena, MT 59620-2953, within 30 days after the date of mailing of notice of
				the department's decision.
50-5-103,
					 50-5-245,
					 MCA; IMP,
					 50-5-207,
					 50-5-208,
					 50-5-245,
					 50-5-246,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.9 - Rural Emergency Hospitals › Rule 37.106.901 - MINIMUM STANDARDS FOR RURAL EMERGENCY HOSPITALS

Current through Register Vol. 13, July 5, 2024
(1) A rural emergency hospital shall comply
				with the conditions of participation for rural emergency hospitals as set forth
				in 42 CFR Part 485 Subpart E in effect as of January 1, 2024. A copy of the
				cited requirements may be obtained from the Department of Public Health and
				Human Services, Office of Inspector General, 2401 Colonial Drive, P.O. Box
				202953, Helena, MT 59620-2953.
AUTH:
					 50-5-234, MCA; IMP:
					 50-5-234,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.10 - Minimum Standards for Outpatient Facilities › Rule 37.106.1001 - MINIMUM STANDARDS FOR AN OUTPATIENT FACILITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-5-103,
					 50-5-404,
					 MCA; IMP,
					 50-5-103,
					 50-5-204,
					 50-5-404,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.10 - Minimum Standards for Outpatient Facilities › Rule 37.106.1002 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of these rules is to
				establish the licensing requirements for the licensure of outpatient centers
				for primary care.
50-5-103,
					 53-6-106,
					 MCA; IMP,
					 50-5-103,
					 50-5-106,
					 50-5-114,
					 50-5-116,
					 50-5-201,
					 50-5-204,
					 50-5-207,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.10 - Minimum Standards for Outpatient Facilities › Rule 37.106.1004 - SCOPE

Current through Register Vol. 13, July 5, 2024
(1) For purposes of this subchapter,
				outpatient centers for primary care include the facilities described at
				50-5-101(41),
				MCA, outpatient birth centers and radiological imaging facilities.
50-5-103,
					 53-6-106,
					 MCA; IMP,
					 50-5-103,
					 50-5-106,
					 50-5-114,
					 50-5-116,
					 50-5-201,
					 50-5-204,
					 50-5-207,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.10 - Minimum Standards for Outpatient Facilities › Rule 37.106.1006 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Low risk patient" means a pregnant woman
				with a normal, uncomplicated prenatal course as determined by adequate prenatal
				care and prospects for a normal, uncomplicated birth as defined by reasonable
				and generally accepted criteria of maternal and fetal health.
(2) "Medical director" means a physician
				licensed under Title 37, MCA, who oversees the services provided in an
				outpatient center for primary care. The medical director may also serve in the
				outpatient center for primary care as a licensed health care
				professional.
(3) "Outpatient birth
				center" means a facility that provides comprehensive prenatal, delivery, and
				newborn care to ambulatory, low risk patients under the direction of a health
				care provider who is licensed under Title 37, MCA, and is operating within the
				scope of practice allowed by the health care provider's license. Outpatient
				birthing services are provided on an outpatient basis for a period of generally
				less than 24 consecutive hours, unless requiring transfer to another level of
				care if medically indicated.
(4)
				"Outpatient center for primary care" means a facility that provides, under the
				direction of a licensed physician, either diagnosis or treatment, or both, to
				ambulatory patients and that is not an outpatient center for surgical
				services.
AUTH:
					 50-5-103,
					 53-6-106, MCA; IMP:
					 50-5-103,
					 50-5-106,
					 50-5-114,
					 50-5-116,
					 50-5-201,
					 50-5-204,
					 50-5-207,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.10 - Minimum Standards for Outpatient Facilities › Rule 37.106.1008 - MINIMUM STANDARDS FOR OUTPATIENT CENTERS FOR PRIMARY CARE

Current through Register Vol. 13, July 5, 2024
(1) An outpatient center for primary care
				must meet the requirements of ARM Title 37, chapter 106, subchapter 3 relating
				to minimum standards for all health care facilities.
(2) An outpatient center for primary care
				shall have a written policy and procedure manual as described in
				37.106.1010 available to and
				followed by all personnel.
(3) Each
				outpatient center for primary care shall employ, or contract with, a medical
				director who shall:
(a) coordinate with and
				advise the staff of the center on clinical matters;
(b) provide direction, consultation, and
				training regarding the center operations as needed;
(c) act as a liaison for the center with
				community physicians, hospital staff, and other professionals and agencies;
				and
(d) ensure the quality of
				treatment and related services through participation in the center's quality
				assurance process as outlined in the center's policies and
				procedures.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.10 - Minimum Standards for Outpatient Facilities › Rule 37.106.1010 - WRITTEN POLICIES AND PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Each
				outpatient center for primary care shall maintain a policy and procedure
				manual. The policy and procedure manual shall be reviewed and updated as
				necessary, but at least annually. The manual shall contain policies and
				procedures for:
(a) notifying staff of all
				changes in policies and procedures;
(b) addressing patient rights, including a
				procedure for informing patients of their rights;
(c) informing patients of the policy and
				procedures for patient complaints and grievances;
(d) addressing and reviewing ethical issues
				faced by staff and reporting allegations of ethics violations to the applicable
				professional licensing authority;
(e) emergency procedures of the birth
				center;
(f) establishing fiscal
				policies governing the management of organization; and
(g) developing and implementing policy(s) for
				security.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.10 - Minimum Standards for Outpatient Facilities › Rule 37.106.1012 - MINIMUM STANDARDS FOR OUTPATIENT CENTERS FOR PRIMARY CARE: BIRTH CENTERS

Current through Register Vol. 13, July 5, 2024
(1) If an
				outpatient center for primary care operates a birth center, the birth center
				shall:
(a) comply with the requirements of ARM
				37.106.1008;
(b) show written evidence of current
				accreditation by an accreditation entity approved by the U.S. Centers for
				Medicare & Medicaid Services including recommendations for future
				compliance or meet the standards as outlined in ARM
				37.106.1014; and
(c) establish a coordinated transfer of care
				through a mutually established agreement to the nearest hospital or critical
				access hospital that provides obstetrical and surgical services as required by
				the patient's acuity or the outpatient birth center 24 hour length of stay
				limitation.
(d) A transfer of care
				agreement must show that a physician who has admitting privileges at the
				hospital or critical access hospital that provides obstetrical and surgical
				services has agreed to admit and treat patients of the birthing center should
				the need arise. In transferring patients, the birth center shall:
(i) before transfer, coordinate and provide
				notice to the hospital, including the reason for the transfer; and
(ii) during transfer, provide the medical
				records related to the patient's current condition.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.10 - Minimum Standards for Outpatient Facilities › Rule 37.106.1014 - OPERATION STANDARDS FOR OUTPATIENT CENTERS FOR PRIMARY CARE: BIRTH CENTERS

Current through Register Vol. 13, July 5, 2024
(1) A birth center
				organization:
(a) maintains a governing body
				that meets regularly; and
(b)
				actively seeks and takes appropriate action on feedback from its
				consumers.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.10 - Minimum Standards for Outpatient Facilities › Rule 37.106.1016 - MINIMUM STANDARDS FOR OUTPATIENT FACILITIES: IMAGING SERVICES

Current through Register Vol. 13, July 5, 2024
(1) If an outpatient center for primary care
				provides diagnostic imaging services, the center must meet the following
				standards:
(a) a qualified full-time,
				part-time, or consulting radiologist must be utilized to interpret radiographic
				tests that are determined by the medical staff to require a radiologist's
				specialized knowledge;
(b) only
				personnel designated as qualified by the medical staff, and meeting
				requirements of state law, may use the radiographic equipment and administer
				procedures;
(c) each report that
				contains interpretations must be signed by the radiologist or other
				practitioner who provided the radiological services; and
(d) the facility must maintain diagnostic
				imaging film and electrodiagnostic tracings:
(i) for at least five years; and
(ii) interpretations must be retained for the
				same periods required for the medical records provided by ARM
				37.106.402.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.10 - Minimum Standards for Outpatient Facilities › Rule 37.106.1018 - FACILITY INSPECTIONS

Current through Register Vol. 13, July 5, 2024
(1) Outpatient
				centers for primary care are subject to inspection requirements provided in
				50-5-116 and
				50-5-204,
				MCA.
50-5-103,
					 53-6-106,
					 MCA; IMP,
					 50-5-103,
					 50-5-106,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.11 - Minimum Standards for Medical Assistance Facilities › Rule 37.106.1101 - MEDICAL ASSISTANCE FACILITIES: DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-5-103,
					 MCA IMP:
					 50-5-101,
					 50-5-103,
					 50-5-204,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.11 - Minimum Standards for Medical Assistance Facilities › Rule 37.106.1103 - MEDICAL ASSISTANCE FACILITIES: ORGANIZATIONAL STRUCTURE; GOVERNING BODY (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-5-103,
					 MCA IMP:
					 50-5-101,
					 50-5-103,
					 50-5-204,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.11 - Minimum Standards for Medical Assistance Facilities › Rule 37.106.1104 - MEDICAL ASSISTANCE FACILITIES: MEDICAL STAFF (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-5-103,
					 MCA IMP:
					 50-5-101,
					 50-5-103,
					 50-5-204,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.11 - Minimum Standards for Medical Assistance Facilities › Rule 37.106.1105 - MEDICAL ASSISTANCE FACILITIES: MEDICAL RECORDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-5-103,
					 MCA IMP:
					 50-5-101,
					 50-5-103,
					 50-5-204,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.11 - Minimum Standards for Medical Assistance Facilities › Rule 37.106.1110 - MEDICAL ASSISTANCE FACILITIES: QUALITY ASSURANCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-5-103,
					 MCA IMP:
					 50-5-101,
					 50-5-103,
					 50-5-204,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.11 - Minimum Standards for Medical Assistance Facilities › Rule 37.106.1111 - MEDICAL ASSISTANCE FACILITIES: UTILIZATION REVIEW (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-5-103,
					 MCA IMP:
					 50-5-101,
					 50-5-103,
					 50-5-204,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.11 - Minimum Standards for Medical Assistance Facilities › Rule 37.106.1112 - MEDICAL ASSISTANCE FACILITIES: INFECTION CONTROL (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-5-103,
					 MCA IMP:
					 50-5-101,
					 50-5-103,
					 50-5-204,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.11 - Minimum Standards for Medical Assistance Facilities › Rule 37.106.1120 - MEDICAL ASSISTANCE FACILITIES: NURSING SERVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-5-103,
					 MCA IMP:
					 50-5-101,
					 50-5-103,
					 50-5-204,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.11 - Minimum Standards for Medical Assistance Facilities › Rule 37.106.1121 - MEDICAL ASSISTANCE FACILITIES: PHARMACEUTICAL SERVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-5-103,
					 MCA IMP:
					 50-5-101,
					 50-5-103,
					 50-5-204,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.11 - Minimum Standards for Medical Assistance Facilities › Rule 37.106.1122 - MEDICAL ASSISTANCE FACILITIES: RADIOLOGIC SERVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-5-103,
					 MCA IMP:
					 50-5-101,
					 50-5-103,
					 50-5-204,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.11 - Minimum Standards for Medical Assistance Facilities › Rule 37.106.1123 - MEDICAL ASSISTANCE FACILITIES: LABORATORY SERVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-5-103,
					 MCA IMP:
					 50-5-101,
					 50-5-103,
					 50-5-204,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.11 - Minimum Standards for Medical Assistance Facilities › Rule 37.106.1124 - MEDICAL ASSISTANCE FACILITIES: FOOD AND DIETETIC SERVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-5-103,
					 MCA IMP:
					 50-5-101,
					 50-5-103,
					 50-5-204,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.11 - Minimum Standards for Medical Assistance Facilities › Rule 37.106.1130 - MEDICAL ASSISTANCE FACILITIES: OUTPATIENT SERVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-5-103,
					 MCA IMP:
					 50-5-101,
					 50-5-103,
					 50-5-204,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.11 - Minimum Standards for Medical Assistance Facilities › Rule 37.106.1131 - MEDICAL ASSISTANCE FACILITIES: EMERGENCY SERVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-5-103,
					 MCA IMP:
					 50-5-101,
					 50-5-103,
					 50-5-204,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.11 - Minimum Standards for Medical Assistance Facilities › Rule 37.106.1132 - MEDICAL ASSISTANCE FACILITIES: THIRD-PARTY SERVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-5-103,
					 MCA IMP:
					 50-5-101,
					 50-5-103,
					 50-5-204,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.14 - Minimum Standards for Chemical Dependency Facilities › Rule 37.106.1401 - MINIMUM STANDARDS FOR CHEMICAL DEPENDENCY FACILITIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-5-103,
					 MCA IMP:
					 50-5-201,
					 50-8-101,
					 50-8-102,
					 50-8-105,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.14 - Minimum Standards for Chemical Dependency Facilities › Rule 37.106.1411 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) This subchapter establishes the licensing
				requirements for substance use disorder facilities (SUDFs) as outlined in the
				ASAM Criteria.
(2) This subchapter
				is applicable to treatment levels of care classified as:
(a) ASAM 3.7 Medically Monitored Intensive
				Inpatient Services;
(b) ASAM 3.7-WM
				Medically Monitored Withdrawal Management Services;
(c) ASAM 3.5 Clinically Managed High
				Intensity (adult) and Medium Intensity (adolescent) Residential
				Services;
(d) ASAM 3.3 Clinically
				Managed Population-Specific High Intensity (adult only) Residential
				Services;
(e) ASAM 3.2-WM
				Clinically Managed Residential Withdrawal Management Services;
(f) ASAM 3.1 Clinically Managed Low Intensity
				(adult or adolescent) Residential Services;
(g) ASAM 2.5 Partial Hospitalization
				Services; and
(h) Outpatient
				Substance Use Disorder Facility.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.14 - Minimum Standards for Chemical Dependency Facilities › Rule 37.106.1413 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In addition to the terms defined in
				  53-24-103,
				  MCA, the following definitions shall apply in the interpretation and
				  enforcement of the rules in this subchapter:
(1) "Administrator" means the person in
				charge, care, or control of the substance use disorder facility
				(SUDF).
(2) "Admission" means
				specific tasks necessary to admit a person to a SUDF.
(3) "Adolescent" means a person 17 years of
				age or younger for purposes of receiving services in a SUDF. Persons 18, 19,
				and 20 may be defined as an adolescent if enrolled in accredited secondary
				school and the client assessment completed by a LAC or mental health
				professional determines their appropriateness for adolescent
				treatment.
(4) "Adult" means a
				person 18 years of age or older for purposes of receiving services in a
				SUDF.
(5) "American Society of
				Addiction Medicine (ASAM) Criteria" means guidelines for placement, continued
				stay, and transfer/discharge of individuals with addiction and co-occurring
				conditions, developed by the American Society of Addiction Medicine.
(6) "Biopsychosocial assessment" means a
				comprehensive multidimensional assessment that includes risk ratings, addresses
				immediate needs, is organized in accordance with the six dimensions as
				described in the ASAM Criteria, and includes the following:
(a) presenting problem(s) and history of
				problem(s);
(b) family
				history;
(c) developmental history
				(including pregnancy, developmental milestones, temperament);
(d) substance use history;
(e) personal/social history;
(f) legal history;
(g) psychiatric history;
(h) medical history;
(i) spiritual history;
(j) diagnostic interview and mental status
				examination;
(k) physical health
				impressions;
(l) diagnostic
				impressions;
(m) needs, strengths,
				skills, and resources in each dimension; and
(n) treatment recommendations.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.14 - Minimum Standards for Chemical Dependency Facilities › Rule 37.106.1415 - APPLICATION OF OTHER RULES

Current through Register Vol. 13, July 5, 2024
(1) To the
				extent that other licensure rules in ARM Title 37, chapter 106, subchapter 3
				conflict with the terms of this subchapter, the terms of this subchapter shall
				apply to a substance use disorder facility.
AUTH:
					 50-5-103,
					 53-24-208,
					 MCA; IMP:
					 50-5-101,
					 50-5-103,
					 53-24-208,
					 53-24-209,
					 76-2-411,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.14 - Minimum Standards for Chemical Dependency Facilities › Rule 37.106.1416 - CONFIDENTIALITY

Current through Register Vol. 13, July 5, 2024
(1) A substance use disorder facility (SUDF)
				must have a written client confidentiality policy pursuant to 42 CFR Part
				2.
(2) The confidentiality policy
				must be reviewed with the client at the time of admission or as soon thereafter
				as the client is capable of rational communication.
(3) Policy requirements must include
				activities to:
(a) inform clients that federal
				law and regulations protect the confidentiality of alcohol and drug abuse
				client records; and
(b) provide
				clients with a summary in writing of the federal law and
				regulations.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.14 - Minimum Standards for Chemical Dependency Facilities › Rule 37.106.1420 - POLICY AND PROCEDURE MANUAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Each substance use disorder facility
				(SUDF) must develop and implement a policy and procedure manual that includes:
(a) the philosophy of the SUDF;
(b) the SUDF goals;
(c) a description of the population the SUDF
				intends to serve;
(d) a delineation
				of the services to be provided;
(e)
				screening procedures for all referrals;
(f) admission criteria which includes
				addressing priority admission protocols for critical populations;
(g) program limitations and
				exclusions;
(h) methods to be
				followed when a person is found ineligible for services including active
				referral to a level of care deemed appropriate through the biopsychosocial
				assessment;
(i) steps to follow for
				a wait list that includes unique client identifiers, referrals to other
				treatment facilities, and removing clients only when they cannot be located or
				refuse treatment;
(j) procedures
				outlining how facilities and services must provide for privacy and separation
				by sex;
(k) steps to ensure smoking
				is not permitted, as required under the Montana Clean Indoor Air Act;
(l) the management, storage, and disposal of
				prescription and over the counter drugs if applicable as stated in ARM
				37.106.1457;
(m) client
				transportation;
(n) drug and
				alcohol laboratory testing methods, collection, and storage procedures,
				including:
(i) how testing is used as part of
				a non-punitive therapeutic process including how the use of testing and results
				become part of the client's treatment plan; and
(ii) process addressing client refusal to
				submit for laboratory testing or drug and alcohol screening and confirmation
				testing;
(o) arranging
				for medical and mental health services when clinically indicated in the
				biopsychosocial assessment or treatment plan reviews for all clients and within
				48 hours of admission for critical populations;
(p) screening clients for critical
				populations at the time of admission;
(q) limitations and requirements of group
				counseling sessions to include client/staff member ratio, appropriate for the
				level of care being rendered;
(r)
				provision of services to family members and significant others;
(s) medical emergencies;
(t) youth program policies in ARM
				37.106.1455; and
(u) any additional
				policy and procedures as required by this subchapter.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.14 - Minimum Standards for Chemical Dependency Facilities › Rule 37.106.1425 - GOVERNANCE AND ADMINISTRATION

Current through Register Vol. 13, July 5, 2024
(1) The
				substance use disorder facility (SUDF) must establish a governing body or
				oversight committee with responsibility for operating and maintaining the
				SUDF.
(2) The governing body or
				oversight committee must provide organizational oversight to ensure that
				adequate resources are available to ensure staff members provide safe and
				adequate care.
(3) The governing
				body or oversight committee must establish written policies and procedures
				that:
(a) govern the organization and
				functions of the SUDF;
(b)
				establish procedures for selecting and periodically evaluating a qualified
				administrator to ensure the administrator carries out the goals and policies of
				the governing body or oversight committee;
(c) implement all state and federal
				requirements;
(d) establish
				accounting and fiscal procedures;
(e) describe how updates and changes are
				reviewed with and implemented by staff member(s); and
(f) include annual review of the quality
				improvement report by the governing body or oversight
				committee.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.14 - Minimum Standards for Chemical Dependency Facilities › Rule 37.106.1426 - REPORTING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) All serious
				incidents, as defined in ARM
				37.106.1413, must be
				reported to the Department of Public Health and Human Services, Office of
				Inspector General, Licensure Bureau, within 24 hours. The report must be in
				writing and must include:
(a) the date and
				time of the incident;
(b) all
				clients and staff members involved; and
(c) a description of the incident and the
				circumstances surrounding it.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.14 - Minimum Standards for Chemical Dependency Facilities › Rule 37.106.1427 - ABUSE OR NEGLECT REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A
				substance use disorder facility (SUDF) must require each staff member to read
				and sign a statement that:
(a) clearly defines
				child abuse and neglect as defined in
				41-3-102,
				MCA;
(b) clearly defines abuse,
				neglect, and exploitation of an older person or a person with a developmental
				disability as defined in
				52-3-803
				MCA; and
(c) outlines the
				individual's responsibility to report all known or suspected incidents of
				abuse, neglect, or exploitation of any client within 24
				hours.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.14 - Minimum Standards for Chemical Dependency Facilities › Rule 37.106.1430 - PERSONNEL POLICY MANUAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				The substance use disorder facility (SUDF) must have a written personnel policy
				manual which includes the following:
(a)
				screening and hiring procedures for all applicants including criminal and
				protective service history disqualifiers the SUDF uses in making an employment
				fitness determination;
(b) job
				qualifications for each position;
(c) job descriptions or contract agreements
				which describe the nature and extent of client care services of each
				position;
(d) organizational chart
				including the supervisory structure;
(e) process for conducting staff member
				performance evaluations;
(f)
				actions to be taken if staff members misuse alcohol or other drugs;
(g) defining staff member ethical standards
				of conduct, including reporting of unprofessional conduct to appropriate
				authorities;
(h) staff member
				grievance procedures; and
(i)
				trainee/intern or volunteer requirements as required in ARM
				37.106.1435.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.14 - Minimum Standards for Chemical Dependency Facilities › Rule 37.106.1432 - PERSONNEL FILE REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The
				substance use disorder facility (SUDF) must maintain a current secured
				personnel file for each staff member. The file must include:
(a) a criminal history background information
				check;
(b) a Montana Child
				Protective Services check for SUDFs serving or housing adolescents;
(c) documentation of all required orientation
				and ongoing training;
(d) an annual
				performance review signed and dated by the staff member and
				supervisor;
(e) copies of
				certification or licensure documents necessary for the staff member's position
				and/or title;
(f) evidence of an
				independent contractor status and contractual agreements for contracted l staff
				members;
(g) a signed statement
				acknowledging the staff member has been oriented and agrees to abide by all
				confidentiality requirements;
(h)
				resume or job application;
(i)
				disciplinary actions and grievances; and
(j) a copy of a current job description which
				includes:
(i) job title;
(ii) minimum qualifications for the position;
				and
(iii) summary of duties and
				responsibilities.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.14 - Minimum Standards for Chemical Dependency Facilities › Rule 37.106.1434 - STAFF MEMBER TRAINING

Current through Register Vol. 13, July 5, 2024
(1) A substance use
				disorder facility (SUDF) must have written policies, procedures, and initial
				and ongoing training curriculum to meet minimum requirements in this
				rule.
(2) All staff members
				supervising, or providing, direct contact with clients must complete
				orientation training prior to supervising, or providing, direct care consisting
				of the following requirements:
(a) an
				overview of the SUDF policies, procedures, organization, and
				services;
(b) mandatory adult and
				child abuse, neglect, and exploitation reporting laws;
(c) fire safety, including emergency
				evacuation routes;
(d)
				confidentiality;
(e) suicide
				ideation and referral procedures;
(f) emergency medical procedures;
(g) documentation requirements;
(h) client rights and client grievance
				process;
(i) blood and air-borne
				pathogens;
(j) crisis prevention
				and de-escalation techniques; and
(k) upon completion of the orientation, the
				SUDF must complete a competency assessment for each staff member's ability to
				apply knowledge of material learned. Assessment results must be documented in
				each staff member's personnel file.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.14 - Minimum Standards for Chemical Dependency Facilities › Rule 37.106.1435 - TRAINEES/INTERNS OR VOLUNTEER REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				If the substance use disorder facility (SUDF) participates in a trainee/intern
				practicum or has volunteers, they must have the following:
(a) policies and practices assuring the
				safety of clients;
(b) a
				description of the training or volunteer work to be provided at the SUDF for
				trainees, interns, or volunteers, respectively, and any limitations;
(c) a description of how supervision of the
				trainees/interns or volunteers will be provided;
(d) policies and procedures to ensure
				trainee/interns or volunteers meet the qualifications of the position to which
				the person is assigned; and
(e) a
				written agreement with each educational institution using the SUDF as a setting
				for student practice, including:
(i) a
				description of the nature and scope of student activity at the
				SUDF.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.14 - Minimum Standards for Chemical Dependency Facilities › Rule 37.106.1440 - CLINICAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Each client
				must have an individualized treatment plan (ITP) developed by an
				interdisciplinary treatment team.
(2) ITPs must include:
(a) the client's name, diagnoses, treatment
				plan date, and treatment plan review dates;
(b) the names of treatment team members who
				are involved in the client's treatment;
(c) the individualized client
				strengths;
(d) the problem area(s)
				that will be the focus of treatment to include symptoms, behaviors, and/or
				functional impairments;
(e) the
				treatment goals, objectives, and interventions that are person centered and
				recovery oriented;
(f) the
				description of the type, duration, and frequency of the intervention(s) and
				services(s);
(g) expected dates of
				completion;
(h) an educational plan
				for youth; and
(i) the client's
				level of functioning that will indicate when a service is no longer
				required.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.14 - Minimum Standards for Chemical Dependency Facilities › Rule 37.106.1450 - CLIENT RIGHTS

Current through Register Vol. 13, July 5, 2024
(1) The substance
				use disorder residential facility (SUDF) must develop and maintain a client
				rights policy that supports and protects the state and federal constitutional
				and statutory rights, including civil rights, of all clients. These must
				include the right to:
(a) receive treatment
				free of unlawful discrimination;
(b) receive reasonable accommodations,
				consistent with federal and state law;
(c) receive treatment in the least
				restrictive environment, consistent with law, in a manner sensitive to
				individual needs and which promotes dignity and self-respect;
(d) haveclinical and personal information
				treated in accordance with state and federal statutes and
				regulations;
(e) the opportunity to
				review their own treatment records in the presence of the administrator or
				designee, consistent with
				45 CFR
				164.524 and other state and federal
				confidentiality statutes and regulations;
(f) be fully informed of fees charged,
				including fees for copying records to verify treatment and methods of payment
				available;
(g) be free from abuse,
				neglect, and financial exploitation by staff members or clients;
(h) have grievances considered in a fair and
				timely manner, with respect to infringements of rights described in this rule;
(i) educational services provided
				to adolescents within inpatient/residential settings in accordance with Montana
				state law;
(j) client orientation
				to SUDF rules, responsibilities, and any sanctions that may be imposed for
				failure to comply with the SUDF rules;
(k) reasonable visitation and access to
				telephone communication within inpatient/residential settings;
(l) send and receive mail within
				inpatient/residential settings;
(m)
				regular physical exercise several times per week within inpatient/residential
				settings; and
(n) be given a 30-day
				notice in the event of a SUDF closure or treatment service cancellation and:
(i) provided assistance with relocation into
				similar treatment services, if available;
(ii) be given refunds to which the client is
				entitled; and
(iii) be advised how
				to access records to which the client is
				entitled.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.14 - Minimum Standards for Chemical Dependency Facilities › Rule 37.106.1452 - CLIENT RECORD MAINTENANCE AND SYSTEM REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Each substance use disorder facility
				(SUDF) must have a comprehensive secure client record system maintained in
				accordance with 42 CFR Part 2.
(2)
				Each SUDF must have written procedures which regulate and control access to and
				use of client records.
(3) In case
				of a SUDF closure, the SUDF closing its treatment agency must arrange for
				continued management of all client records.
AUTH:
					 50-5-103,
					 53-24-208,
					 MCA; IMP:
					 50-5-101,
					 50-5-103,
					 53-24-306,
					 76-2-411,
					 MCA