50-5-245. Department to license specialty hospitals -- standards -- rulemaking -- moratorium. (1) Subject to subsection (4), the department shall license specialty hospitals using the requirements for licensure of hospitals and the procedure provided for in parts 1 and 2 of this chapter.
(2) Prior to approving an application under this section, the department shall adopt rules that are necessary to implement and administer this section.
(3) Notwithstanding the requirements of subsection (1), the department may not accept an application or issue a license for a specialty hospital before July 1, 2009.
(4) A health care facility licensed by the department and in existence on May 8, 2007, may not change its licensure status in order to qualify for licensure as a specialty hospital unless the health care facility is licensed as a hospital and the hospital is not subject to the provisions of 50-5-246 and subsections (5) through (9) of this section.
(5) A specialty hospital meets the 24-hour emergency care requirements for a hospital, as defined in 50-5-101, if it has an agreement with a hospital in the area served by the specialty hospital stating that the hospital will provide 24-hour emergency care to patients of the specialty hospital.
(6) A specialty hospital applying for a license must have:
(a) a charity care policy meeting the provisions of 50-5-121 and, if applicable, subsection (9) of this section; and
(b) a joint venture relationship with a hospital; or
(c) a signed statement from a nonprofit hospital in the community acknowledging that the hospital declined a bona fide, good faith opportunity to participate in a joint venture with the applicant.
(7) A specialty hospital owned by physicians and proposed as a joint venture with a nonprofit hospital in the community may be licensed if:
(a) the majority of partnering physicians hold active privileges with the joint venture hospital; and
(b) the partnering hospital holds an ownership interest of at least 50%.
(8) This section does not prohibit physicians who are partners in a specialty hospital that is proposed as a joint venture from managing the specialty hospital.
(9) The charity care policy for a specialty hospital applying as a joint venture with a nonprofit hospital in the community must be the same as the policy used by the nonprofit hospital.
History: En. Sec. 2, Ch. 365, L. 2005; amd. Sec. 3, Ch. 466, L. 2007; amd. Sec. 4, Ch. 456, L. 2009.
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