50-5-227. Licensing assisted living facilities. (1) The department shall by rule adopt standards for licensing and operation of assisted living facilities to implement the provisions of 50-5-225 and 50-5-226.
(2) The department may deny, suspend, or revoke the license of an assisted living facility if the department finds a demonstrated pattern of noncompliance with the employee background check requirements of 50-5-225.
(3) The following licensing categories must be used by the department in adopting rules under subsection (1):
(a) category A facility serving residents requiring the level of care as provided for in 50-5-226(2);
(b) category B facility providing skilled nursing care or other skilled services to five or fewer residents who meet the requirements stated in 50-5-226(3);
(c) category C facility providing services to residents with cognitive impairments requiring the level of care stated in 50-5-226(4); or
(d) category D facility providing services to residents with mental disorders who may be a temporary harm to themselves or others and who require the level of care stated in 50-5-226(5).
(4) (a) A single facility meeting the applicable requirements for a category A facility may additionally be licensed to provide category B or category C services with the approval of the department.
(b) If a single facility meeting the applicable requirements as provided in subsection (4)(a) further seeks to be licensed as a category D facility, the facility shall provide documentation that indicates the facility can keep all residents safe.
(5) The department may by rule establish license fees, inspection fees, and fees for patient screening. Fees must be reasonably related to service costs.
History: En. Sec. 3, Ch. 597, L. 1983; amd. Sec. 3, Ch. 590, L. 1993; amd. Sec. 6, Ch. 366, L. 1995; amd. Sec. 256, Ch. 546, L. 1995; amd. Sec. 5, Ch. 54, L. 2003; amd. Sec. 3, Ch. 402, L. 2017; amd. Sec. 2, Ch. 362, L. 2019.
Structure Montana Code Annotated
Chapter 5. Hospitals and Related Facilities
50-5-201. License requirements
50-5-203. Application for license
50-5-204. Issuance and renewal of licenses -- inspections
50-5-207. Denial, suspension, or revocation of health care facility license -- provisional license
50-5-210. Department to make rules -- standards for hospices
50-5-211. Hospital hospice programs -- exemptions from separate licensure
50-5-212. Organ procurement program required
50-5-213. Requirements for home infusion therapy services
50-5-214. Requirements for retirement homes
50-5-215. Standards for adult foster care homes
50-5-216. Limitation on care provided in adult foster care home
50-5-217. through 50-5-219 reserved
50-5-220. Licensure of outdoor behavioral programs -- exemption
50-5-222. and 50-5-223 reserved
50-5-224. Renumbered 53-21-199
50-5-225. Assisted living facilities -- services to residents -- employee background checks
50-5-226. Placement in assisted living facilities
50-5-227. Licensing assisted living facilities
50-5-232. Patient protection account -- deposit of funds
50-5-233. Designation of critical access hospitals -- adoption of rules
50-5-235. Hourly limitation waivable by department or department's designee
50-5-236. and 50-5-237 reserved
50-5-238. Licensure of intermediate care facility for developmentally disabled -- rulemaking
50-5-239. through 50-5-244 reserved
50-5-245. Department to license specialty hospitals -- standards -- rulemaking -- moratorium
50-5-246. Specialty hospital application process -- impact study
50-5-247. Licensure of eating disorder centers -- rulemaking -- definition