37.106.806    LICENSE APPLICATION PROCESS

(1) Application for a specialty hospital must be made on an application form provided by the department. At least 30 days prior to the opening of a facility, an applicant must submit to the department:

(a) a completed license application form which must contain the following information:

(i) the name and address of the applicant if an individual; the name and address of each member of a firm, partnership, or association; or the name and address of each officer if a corporation;

(ii) the location of the proposed specialty hospital facility;

(iii) the name of the person or persons who will administer, manage, or supervise the specialty hospital facility;

(iv) the number and type of patients or residents for which care is to be provided;

(v) the number of employees in all job classifications;

(vi) a copy of the contract, lease agreement, or other document indicating the person legally responsible for the operation of the specialty hospital facility if the specialty hospital is operated by a person other than the owner;

(vii) the designated name of the specialty hospital to be licensed; and

(viii) the owner or operator of a health care facility must sign the completed license application form.

(b) the results of an impact study showing the analysis of the financial and operational impacts of the proposed specialty hospital on existing health care facilities in the area;

(c) a signed transfer of care agreement with a hospital capable of providing emergency care services and acceptable continuum of care services; and

(d) each application form must be accompanied by the applicable license fee:

(i) $20.00 license fee for a specialty hospital with 20 beds or less;

(ii) $1.00 per bed license fee for a specialty hospital with 21 beds or more.

(2) The department will renew the license for a period of one to three years if the specialty hospital:

(a) makes written application for renewal on an application form provided by the department at least 30 days prior to the expiration date of its current license;

(b) meets the minimum licensure standards; and

(c) employs or contracts with existing or proposed qualified staff adequate to operate the facility.

(3) On receipt of a new or renewal license application, the department or its authorized agent will inspect the specialty hospital to determine if the proposed staff is qualified and the facility meets the minimum standards set forth in this subchapter. If minimum standards are met and the proposed staff is qualified, the department will issue a license for a period of one to three years.

(a) The department may issue a provisional license for a period of less than one year if continued operation of the specialty hospital will not result in undue hazard to patients or if demand for the accommodations offered is not met in the community.

(4) A patient may not be admitted or cared for in a specialty hospital unless the facility is licensed.

(5) Licensed premises must be open to inspection by the department or its authorized agent and access to all records must be granted to the department at all reasonable times.

(6) The designated name of the specialty hospital may not be changed without first notifying the department in writing.

History: 50-5-103, 50-5-245, MCA; IMP, 50-5-111, 50-5-201, 50-5-202, 50-5-203, 50-5-204, 50-5-207, 50-5-245, 50-5-246, MCA; NEW, 2013 MAR p. 54, Eff. 1/18/13.