Montana Code 50-5-1205. Survey compliance and department enforcement — rulemaking authority
50-5-1205. Survey compliance and department enforcement — rulemaking authority. (1) The department is granted rulemaking authority for the purposes of implementing this part.
Terms Used In Montana Code 50-5-1205
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-5-1202
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Long-term care facility: means a licensed facility that provides skilled nursing care or intermediate nursing care or that is an assisted living facility, as defined in 50-5-101. See Montana Code 50-5-1202
- Physician: includes an advanced practice registered nurse to the extent permitted by federal law. See Montana Code 50-5-1202
- Resident: means a person who lives in a long-term care facility. See Montana Code 50-5-1202
- 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
(2)When determining compliance with state and federal standards for the use of a safety device, the department is bound by the statements and determinations contained in the attending physician‘s order regarding medical symptoms. A written order from the attending physician that contains statements and determinations regarding medical symptoms is sufficient evidence of the medical necessity of the safety device.
(3)A long-term care facility may not be subject to fines, civil penalties, or other state or federal survey enforcement remedies solely as the result of allowing the use of a safety device as authorized in this part.
(4)This section does not preclude the department from taking action to protect the safety and health of the resident if there is clear and convincing evidence that:
(a)the use of the safety device has jeopardized the health and safety of the resident; and
(b)the long-term care facility has failed to take reasonable measures to protect the health and safety of the resident.