50-16-801. Legislative findings. The legislature finds that:
(1) health care information is personal and sensitive information that if improperly used or released may do significant harm to a patient's interests in privacy and health care or other interests;
(2) the enactment of federal health care privacy legislation and the adoption of rules pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. 1320d, et seq., provide significant privacy protection for health care information with respect to health care providers subject to HIPAA;
(3) for health care providers subject to the health care information privacy protections of HIPAA, the applicability of the provisions of Title 50, chapter 16, part 5, relating to health care privacy is unnecessary and may result in significant practical difficulties;
(4) it is in the best interest of the citizens of Montana to have certain requirements, with respect to the use or release of health care information by health care providers, that are more restrictive than or additional to the health care privacy protections of HIPAA.
History: En. Sec. 15, Ch. 396, L. 2003.
Structure Montana Code Annotated
Chapter 16. Health Care Information
Part 8. Health Care Information Privacy Requirements for Providers Subject to HIPAA
50-16-801. Legislative findings
50-16-804. Representative of deceased patient's estate
50-16-805. Disclosure of information allowed for certain purposes
50-16-806. through 50-16-810 reserved
50-16-811. When health care information available by compulsory process
50-16-812. Method of compulsory process