50-16-525. Disclosure by health care provider. (1) Except as authorized in 50-16-529, 50-16-530, and 50-19-402 or as otherwise specifically provided by law or the Montana Rules of Civil Procedure, a health care provider, an individual who assists a health care provider in the delivery of health care, or an agent or employee of a health care provider may not disclose health care information about a patient to any other person without the patient's written authorization. A disclosure made under a patient's written authorization must conform to the authorization.
(2) A health care provider shall maintain, in conjunction with a patient's recorded health care information, a record of each person who has received or examined, in whole or in part, the recorded health care information during the preceding 3 years, except for a person who has examined the recorded health care information under 50-16-529(1) or (2). The record of disclosure must include the name, address, and institutional affiliation, if any, of each person receiving or examining the recorded health care information, the date of the receipt or examination, and to the extent practicable a description of the information disclosed.
History: En. Sec. 5, Ch. 632, L. 1987; amd. Sec. 2, Ch. 657, L. 1989; amd. Sec. 8, Ch. 519, L. 1997; amd. Sec. 8, Ch. 353, L. 2013; amd. Sec. 7, Ch. 235, L. 2017.
Structure Montana Code Annotated
Chapter 16. Health Care Information
Part 5. Uniform Health Care Information
50-16-502. Legislative findings
50-16-503. Uniformity of application and construction
50-16-505. Limit on applicability
50-16-506. through 50-16-510 reserved
50-16-511. Duty to adopt security safeguards
50-16-512. Content and dissemination of notice
50-16-513. Retention of record
50-16-514. through 50-16-520 reserved
50-16-521. Health care representatives
50-16-522. Representative of deceased patient
50-16-523. and 50-16-524 reserved
50-16-525. Disclosure by health care provider
50-16-526. Patient authorization to health care provider for disclosure
50-16-528. Patient's revocation of authorization for disclosure
50-16-529. Disclosure without patient's authorization based on need to know
50-16-530. Disclosure without patient's authorization
50-16-531. Immunity of health care providers pursuant to written authorization -- form required
50-16-532. through 50-16-534 reserved
50-16-535. When health care information available by compulsory process
50-16-536. Method of compulsory process
50-16-537. through 50-16-539 reserved
50-16-540. Reasonable fees allowed
50-16-541. Requirements and procedures for patient's examination and copying
50-16-542. Denial of examination and copying
50-16-543. Request for correction or amendment
50-16-544. Procedure for adding correction, amendment, or statement of disagreement
50-16-545. Dissemination of corrected or amended information or statement of disagreement