52-3-601. Purpose. The legislature finds that many disabled and elderly Montana citizens reside in long-term care facilities in Montana and because of their isolated and vulnerable condition are dependent on others for care and protection. It is the intent of the legislature that, contingent on receipt of federal funds for the purpose, the office of legal […]
52-3-602. Definitions. In this part, the following definitions apply: (1) ”Local ombudsman” means a person officially designated by the long-term care ombudsman to act as the long-term care ombudsman’s local representative. (2) ”Long-term care facility” means a facility or part of a facility that provides skilled nursing care, intermediate nursing care, or personal care, as these terms are […]
52-3-603. Office of legal and long-term care ombudsman services. Contingent on receipt of federal funds for the purpose, there is an office of legal and long-term care ombudsman services in the department of public health and human services. As required by the Older Americans Act of 1965, as amended (42 U.S.C. 3001, et seq.), and the […]
52-3-604. Access to long-term care facilities. (1) Subject to subsection (2), the long-term care ombudsman or local ombudsman must have access without advance notice to any long-term care facility, including private access to any resident, for the purpose of meeting with residents, investigating and resolving complaints, and advising residents on their rights. (2) Access must be granted […]
52-3-605. Enforcement of access. (1) A person who violates the provisions of 52-3-604 is subject to a civil penalty not to exceed $1,000. Each day of violation constitutes a separate violation. The department of public health and human services or, upon request of that department, the county attorney of the county in which the long-term care […]
