Care-facility inspections
How nursing homes and care facilities in Montana are inspected, licensed, and held to account.
12 laws · 6 enforcement actions · 3 guides · 1 court decision
See the details
The laws 12
- Mont. Code Ann. 50-5-201, Title 50 ch. 5 part 2 (Licensing) — License requirements: a person may not operate a health care facility unless licensed by the department; mca.legmt.gov
- Mont. Code Ann. 50-5-103, Title 50 ch. 5 part 1 — Rules and standards; accreditation: directs the department (DPHHS) to adopt rules/minimum standards for licensure, lets a CMS-accredited facility skip a licensing inspection, and separately… mca.legmt.gov
- Mont. Code Ann. 50-5-207, Title 50 ch. 5 part 2 — Denial, suspension, or revocation of health care facility license; mca.legmt.gov
- Mont. Code Ann. 50-5-208, Title 50 ch. 5 part 2 — Hearing required: a license may not be denied, suspended, or revoked without notice and an opportunity for a hearing before the department; mca.legmt.gov
- Mont. Code Ann. 50-5-112, Title 50 ch. 5 part 1 — Civil penalties: a civil penalty of up to $1,000 per day of violation of part 1 or 2 of the chapter (or a rule/license provision/order under it), collectible by court action brought by the d… mca.legmt.gov
- Mont. Code Ann. 50-5-225, Title 50 ch. 5 part 2 — Assisted living facilities: services to residents; mca.legmt.gov
- Mont. Code Ann. 50-5-226, Title 50 ch. 5 part 2 — Placement in assisted living facilities: defines the resident-acuity ceilings for each ALF license category (A/B/C/D), e.g. mca.legmt.gov
- Mont. Code Ann. 50-5-227, Title 50 ch. 5 part 2 — Licensing assisted living facilities: directs the department to adopt rules establishing ALF licensing categories A-D by resident-acuity level, authorizes denial/suspension/revocation of an… mca.legmt.gov
- Mont. Code Ann. 50-5-1104, Title 50 ch. 5 part 11 (Long-Term Health Care Facilities) — Rights of long-term care facility residents: adopts by reference the federal nursing/skilled-nursing-facility resident-rights scheme (42 U.S.C. mca.legmt.gov
- Mont. Code Ann. 50-5-1107, Title 50 ch. 5 part 11 — Enforcement of residents' rights: makes the Long-Term Care Residents' Bill of Rights (50-5-1104 through 50-5-1106) part of the minimum standards DPHHS reviews on every license application/… mca.legmt.gov
- Mont. Code Ann. 52-3-603, Title 52 ch. 3 part 6 (Ombudsman Services) — Office of legal and long-term care ombudsman services: creates, within DPHHS and contingent on federal Older Americans Act funding, the office that advocates for Montana… mca.legmt.gov
- Mont. Code Ann. 52-3-811, Title 52 ch. 3 part 8 (Montana Vulnerable Adult Prevention of Abuse Act) — Reports: mandates that listed professionals (physicians, nurses, facility staff, etc.) who know or suspect a vulnerable adult has been abus… mca.legmt.gov
Know your rights 3
- DPHHS Office of Inspector General, Certification Bureau — "Long Term Care Facilities" guidance page: explains that Montana SNFs/NFs must meet 42 CFR Part 483 Subpart B for Medicare/Medicaid payment, that Montana uses the federal Standard Su… dphhs.mt.gov
- DPHHS Certification Bureau — "Mandatory Reporting for Montana Nursing Facilities: You Can Prevent Elder Abuse": provider compliance guidance defining reportable abuse/neglect/exploitation/injury-of-unknown-source/misappropriation incidents… dphhs.mt.gov
- DPHHS Quality Assurance Division, Certification Bureau — "Plan of Correction (PoC) Review Criteria: Health and Life Safety Code": surveyor/provider guidance on what a compliant Plan of Correction must contain (corrective action for affected… dphhs.mt.gov
Enforcement actions 1
Orders & settlements 5
- ARM 37.106.601, ARM Title 37 ch. 106, subchapter "Minimum Standards for Nursing Facilities" — General requirements: requires a Montana skilled nursing care facility to comply with the federal Conditions of Participation for Skilled Nursing… rules.mt.gov
- ARM 37.106.2805, ARM Title 37 ch. 106, subchapter 28 (Assisted Living Facilities) — Definitions: the ALF-specific rule-chapter glossary (61 rules total in this subchapter), including cross-referencing the statutory definition of "assisted l… rules.mt.gov
- ARM 37.106.2809, ARM Title 37 ch. 106 subchapter 28 (Assisted Living Facilities) — License application process: applications and fees go to DPHHS's Office of Inspector General, Licensure Bureau (2401 Colonial Drive, PO Box 202953, Helena MT… rules.mt.gov
- ARM 37.106.2810, ARM Title 37 ch. 106 subchapter 28 (Assisted Living Facilities) — License restrictions: an ALF license is not saleable/assignable/transferable, is valid only for the licensed premises, and remains department property that m… rules.mt.gov
- ARM 37.106.2828, ARM Title 37 ch. 106 subchapter 28 (Assisted Living Facilities) — Resident rights: requires ALF compliance with the Montana Long-Term Care Residents' Bill of Rights (50-5-1101 et seq., MCA), posting of the facility's statem… rules.mt.gov
Court decisions 1
Official notices 2
- DPHHS Quality Assurance Division, Certification Bureau and Licensure Bureau — Provider Information Notice #032417, "Remodeling and Construction in Health Care Facilities": notifies certified/licensed facilities (hospitals, critical access h… dphhs.mt.gov
- DPHHS Office of Inspector General, Certification Bureau — Holiday Decorations Notice (updated December 5, 2023): a current provider-facing safety notice prohibiting live Christmas trees and wreaths/garland made from tree branches inside any… dphhs.mt.gov