Terms Used In Montana Code > Title 50 > Chapter 16 - Health Care Information

• AIDS: means acquired immune deficiency syndrome as further defined by the department in accordance with standards promulgated by the U. See Montana Code 50-16-1003
• Airborne infectious disease: means an infectious disease transmitted from person to person by an aerosol, including but not limited to infectious tuberculosis. See Montana Code 50-16-701
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Antiretroviral prophylaxis: means a specific drug regime preventing mother-to-child transmission of HIV infections. See Montana Code 50-16-1003
• Audit: means an assessment, evaluation, determination, or investigation of a health care provider by a person not employed by or affiliated with the provider, to determine compliance with:

  (a)statutory, regulatory, fiscal, medical, or scientific standards;

  (b)a private or public program of payments to a health care provider; or

  (c)requirements for licensing, accreditation, or certification. See Montana Code 50-16-504

• 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}
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Contact: means a person who has been exposed to the test subject in a manner, voluntary or involuntary, that may allow HIV transmission in accordance with modes of transmission recognized by the U. See Montana Code 50-16-1003
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Data: means written reports, notes, or records or oral reports or proceedings created by or at the request of a utilization review, peer review, medical ethics review, quality assurance, or quality improvement committee of a health care facility that may be shared with a medical practitioner, including the medical practitioner being reviewed, and that are used exclusively in connection with quality assessment or improvement activities, including the professional training, supervision, or discipline of a medical practitioner by a health care facility. See Montana Code 50-16-201
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-16-701
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-16-602
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-16-1003
• Dependent: A person dependent for support upon another.
• Designated officer: means the emergency services organization's representative and the alternate whose names are on record with the department as the persons responsible for notifying an emergency services provider of exposure. See Montana Code 50-16-701
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Donor: The person who makes a gift.
• Emergency services organization: means a public or private organization that provides emergency services to the public. See Montana Code 50-16-701
• Emergency services provider: means a person employed by or acting as a volunteer with an emergency services organization, including but not limited to a law enforcement officer, firefighter, emergency care provider, corrections officer, or ambulance service attendant. See Montana Code 50-16-701
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• 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.
• Exposure: means the subjecting of a person to a risk of transmission of an infectious disease through the commingling of the blood or bodily fluids of the person and a patient or in another manner as defined by department rule. See Montana Code 50-16-701
• Fraud: Intentional deception resulting in injury to another.
• General health condition: means the patient's health status described in terms of critical, poor, fair, good, excellent, or terms denoting similar conditions. See Montana Code 50-16-504
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health care: means any care, service, or procedure provided by a health care provider, including medical or psychological diagnosis, treatment, evaluation, advice, or other services that affect the structure or any function of the human body. See Montana Code 50-16-504
• 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 facility: has the meaning provided in 50-5-101. See Montana Code 50-16-201
• Health care facility: means a hospital, clinic, nursing home, laboratory, office, or similar place where a health care provider provides health care to patients. See Montana Code 50-16-504
• Health care facility: means a hospital, clinic, nursing home, laboratory, office, or similar place where a health care provider provides health care to patients. See Montana Code 50-16-803
• Health care facility: has the meaning provided in 50-5-101 and includes a public health center as defined in 7-34-2102. See Montana Code 50-16-701
• 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 information: means any information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of a patient and relates to the patient's health care. See Montana Code 50-16-504
• Health care information: means information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of an individual, including one who is deceased, and that relates to that individual's health care or status. See Montana Code 50-16-602
• 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
• Health care provider: means a person who is licensed, certified, or otherwise authorized by the laws of this state or who is licensed, certified, or otherwise authorized by the laws of another state to provide health care in the ordinary course of business or practice of a profession. See Montana Code 50-16-1003
• 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 50-16-504
• HIV: means the human immunodeficiency virus, identified as the causative agent of AIDS, and all HIV and HIV-related viruses that damage the cellular branch of the human immune or neurological systems and leave the infected person immunodeficient or neurologically impaired. See Montana Code 50-16-1003
• HIV diagnostic test: means a test approved by the federal food and drug administration, including but not limited to an enzyme immunoassay and a western blot, that is designed to detect the presence of HIV or antibodies to HIV. See Montana Code 50-16-1003
• HIV-related condition: means a chronic disease resulting from infection with HIV, including but not limited to AIDS and asymptomatic seropositivity for HIV. See Montana Code 50-16-1003
• Infectious disease: means human immunodeficiency virus infection, hepatitis B, hepatitis C, hepatitis D, communicable pulmonary tuberculosis, meningococcal meningitis, and any other disease capable of being transmitted through an exposure that has been designated by department rule. See Montana Code 50-16-701
• Infectious disease control officer: means the person designated by the health care facility as the person who is responsible for notifying the emergency services provider's designated officer and the department of an infectious disease as provided for in this part and by rule. See Montana Code 50-16-701
• Institutional review board: means a board, committee, or other group formally designated by an institution or authorized under federal or state law to review, approve the initiation of, or conduct periodic review of research programs to assure the protection of the rights and welfare of human research subjects. See Montana Code 50-16-504
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local board: means a county, city, city-county, or district board of health provided for in Title 50, chapter 2, part 1. See Montana Code 50-16-602
• Local health officer: means a county, city, city-county, or district health officer appointed by a local board. See Montana Code 50-16-602
• Medical practitioner: means an individual licensed by the state of Montana to engage in the practice of medicine, osteopathy, podiatry, optometry, or a nursing specialty described in 37-8-202 or licensed as a physician assistant pursuant to 37-20-203. See Montana Code 50-16-201
• Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
• occurrence report: means a written business record of a health care facility that:

  (i)may be but is not required to be created by the staff involved in response to an untoward event, such as a patient injury, adverse outcome, or interventional error, for the purpose of ensuring a prompt evaluation of the event; and

  (ii)is a factual rendition of the event. See Montana Code 50-16-201

• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Patient: means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless. See Montana Code 50-16-701
• Patient: means an individual who receives or has received health care. See Montana Code 50-16-504
• Patient: means an individual who receives or has received health care. See Montana Code 50-16-803
• Peer review: means an evaluation of health care services by a committee of a state or local professional organization of health care providers or a committee of medical staff of a licensed health care facility. See Montana Code 50-16-504
• 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 50-16-504
• 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
• Person: means an individual, corporation, organization, or other legal entity. See Montana Code 50-16-1003
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Reasonable fee: means the charge, as provided for in 50-16-816, for duplicating, searching for, or handling recorded health care information. See Montana Code 50-16-803
• Reasonable fee: means the charge, as provided for in 50-16-540, for duplicating, searching for, or handling recorded health care information. See Montana Code 50-16-504
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• 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.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Writing: includes printing. See Montana Code 1-1-203