Current through Register Vol. 18, September 20, 2024
(1) A completed
license application form must be submitted to the department.
(a) The application must be obtained from the
department.
(b) The administrator
or designee of the health care facility must sign the completed license
application form.
(2) On
receipt of a new or renewal license application, the department or its
authorized agent will inspect the health care facility to determine if the
facility meets the minimum regulatory standards set forth in this subchapter
and other rules specific to the facility type as applicable.
(3) If minimum regulatory standards are met
and the proposed staff is qualified, the department may issue a license for
periods of up to three years.
(a) A
three-year license may be offered to any facility:
(i) that has received a deficiency-free
survey;
(ii) that has been granted
accreditation by an accreditation entity approved by the U.S. Centers for
Medicare & Medicaid Services; or
(iii) that has received a survey from another
recognized department entity and the results of that survey determine that the
facility meets the minimum requirements for issuance of a license.
(b) The facility must submit or
make available to the department the full accreditation entity or department
inspection report.
(c) A two-year
license may be offered to any facility:
(i)
that has received minor deficiencies, but those deficiencies do not
significantly affect or threaten the health, safety, and welfare of any
facility patient or resident.
(d) A one-year license may be offered to any
facility:
(i) that has been in operation for
less than one year;
(ii) upon a
change in ownership; or
(iii) that
has received deficiencies within the preceding 12 months that threaten the
health, safety, and welfare of residents or staff.
(4) Licensed premises must be open
to inspection by the department or its authorized agent and access to all
records must be granted to the department at all reasonable times.
(5) The department will not:
(a) require a health care facility to
participate in a health care service that violates that facility's
conscience;
(b) require that the
facilities of a health care facility be made available for uses or purposes,
including abortion, contrary to the facility's conscience, religious beliefs,
or moral tenets or that of its staff or governing body;
(c) discriminate or take an action that
constitutes discrimination (including an adverse licensure or other action)
against a health care facility as a result of that facility's exercise of
conscience;
(d) deny any health
care facility any privileges or immunities, or deny it any public benefits as a
result of its exercise of conscience; and/or
(e) discriminate against a health care
facility that exercises whistleblower rights with respect to suspected
violations of conscience rights or that testifies, assists, or participates, or
intends to testify, assist, or participate, in a proceeding.
(6) For purposes of (5), a health
care facility may establish a claim of conscience by reference to its governing
documents as identified in
50-4-1101, MCA.
AUTH:
50-5-103, MCA; IMP:
50-4-1102,
50-4-1104,
50-5-103,
50-5-202,
50-5-203,
50-5-204,
50-20-111,
MCA
