Montana Code Annotated
Part 8. Health Care Information Privacy Requirements for Providers Subject to HIPAA
50-16-803. Definitions

50-16-803. Definitions. As used in this part, unless the context indicates otherwise, the following definitions apply:
(1) "Health care" means care, services, or supplies provided by a health care provider that are related to the health of an individual. Health care includes but is not limited to the following:
(a) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care and counseling, service, assessment, or procedure with respect to an individual's physical or mental condition; or
(b) the sale or dispensing of any drug, device, equipment, or other item in accordance with a prescription.
(2) "Health care facility" means a hospital, clinic, nursing home, laboratory, office, or similar place where a health care provider provides health care to patients.
(3) "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.
(4) "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.
(5) "Patient" means an individual who receives or has received health care. The term includes a deceased individual who has received health care.
(6) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity.
(7) "Reasonable fee" means the charge, as provided for in 50-16-816, for duplicating, searching for, or handling recorded health care information.
History: En. Sec. 17, Ch. 396, L. 2003.

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