Montana Code 50-16-811. When health care information available by compulsory process
50-16-811. When health care information available by compulsory process. (1) Health care information may not be disclosed by a health care provider pursuant to compulsory legal process or discovery in any judicial, legislative, or administrative proceeding unless:
Terms Used In Montana Code 50-16-811
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Health care: means care, services, or supplies provided by a health care provider that are related to the health of an individual. See Montana Code 50-16-803
- Health care information: means any information, whether oral or recorded in any form or medium, that:
(a)is created or received by a health care provider;
(b)relates to the past, present, or future physical or mental health or condition of an individual or to the past, present, or future payment for the provision of health care to the individual; and
(c)identifies or with respect to which there is a reasonable basis to believe the information can be used to identify the individual. See Montana Code 50-16-803
- Health care provider: means a person who is licensed, certified, or otherwise authorized by the laws of this state to provide health care in the ordinary course of business or practice of a profession. See Montana Code 50-16-803
- Patient: means an individual who receives or has received health care. See Montana Code 50-16-803
- Person: means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity. See Montana Code 50-16-803
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Subpoena: A command to a witness to appear and give testimony.
- Writing: includes printing. See Montana Code 1-1-203
(a)the patient has authorized in writing the release of the health care information in response to compulsory process or a discovery request;
(b)the patient has waived the right to claim confidentiality for the health care information sought;
(c)the patient is a party to the proceeding and has placed the patient’s physical or mental condition in issue;
(d)the patient’s physical or mental condition is relevant to the execution or witnessing of a will or other document;
(e)the physical or mental condition of a deceased patient is placed in issue by any person claiming or defending through or as a beneficiary of the patient;
(f)a patient’s health care information is to be used in the patient’s commitment proceeding;
(g)the health care information is for use in any law enforcement proceeding or investigation in which a health care provider is the subject or a party, except that health care information so obtained may not be used in any proceeding against the patient unless the matter relates to payment for the patient’s health care or unless authorized under subsection (1)(i);
(h)a court has determined that particular health care information is subject to compulsory legal process or discovery because the party seeking the information has demonstrated that there is a compelling state interest that outweighs the patient’s privacy interest;
(i)the health care information is requested pursuant to an investigative subpoena issued under 46-4-301 or similar federal law; or
(j)the patient is deceased and the coroner requires the health care information for the investigation of the death as provided in Title 46, chapter 4, part 1.
(2)This part does not authorize the disclosure of health care information by compulsory legal process or discovery in any judicial, legislative, or administrative proceeding where disclosure is otherwise prohibited by law.