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For the purposes of this Chapter, the following words and phrases have the following meanings:
Director; Department: The term "Director" means Director of the Department of Health and Human Services and the term "Department" means the Department of Health and Human Services.
Domiciliary care: The term "domiciliary care" shall mean those services provided to aged or disabled persons in a protective institutional or home-type environment. These services shall include shelter, housekeeping services, board, facilities and resources for daily living, personal surveillance or direction in the activities of daily living.
Domiciliary care home: The term "domiciliary care home" shall mean an institution which maintains conditions or facilities and equipment for provision of domiciliary care to persons who because of advanced age or physical or mental disability are not gainfully employed.
Establishment: The term "establishment" shall mean erection, building or substantial acquisition, reconstruction, expansion or modification of a structure to be used as a hospital.
Family council: A group that includes a family member, friend, or representative of 2 or more residents of a nursing home or other facility subject to Section 25-24A. A family council is led by residents and their families, not by the facility, and works to protect residents’ rights and improve residents’ quality of life.
Hospital: The term "hospital" shall mean any institution which maintains and operates facilities for the provision of diagnostic and treatment services under the supervision of physicians who are members of an organized medical staff of not less than 5 legally, ethically and professionally qualified physicians. This shall include general hospitals and institutions in which service is limited to special fields such as cardiac, eye, ear, nose and throat, pediatric, orthopedic, skin and cancer, mental, tuberculosis, chronic disease and obstetrics and sanitariums wherein feeble minded and mental patients, epileptics, alcoholics, senile psychotics or drug addicts are treated or cared for.
Institution: The term "institution" shall mean a place to which are admitted or in residence for overnight care 2 or more nonrelated individuals needing medical, nursing or personal care or 4 or more nonrelated individuals needing domiciliary care as defined in this Section. This shall not include any dispensary or first-aid treatment facility maintained solely for and limited to services for employees or students of any commercial or industrial plant, educational institution, convent, County home or almshouse, motels, apartments and facilities maintaining services for persons capable of independent living.
Nonrelated individual: The term "nonrelated individual" shall mean anyone who is not a son, daughter, grandson, granddaughter, father, mother, grandfather, grandmother, brother, sister, stepmother, stepfather, stepson, stepdaughter, husband or wife of the owner, operator or lessee or an in-law of any one of the preceding persons.
Nursing care: The term "nursing care" shall mean services to patients requested or ordered by physicians and provided or supervised by registered or practical nurses licensed to practice in the State.
Nursing home: The term "nursing home" shall mean an institution which maintains conditions or facilities and equipment for provision of nursing care for chronically ill or convalescent patients. This shall include convalescent homes, nursing units of homes for the aged, psychiatric nursing homes, nursing facilities for the handicapped, homes for alcoholics, halfway houses or any other home-type facility which admits patients and holds itself out as providing 24 hours per day nursing care for such patients.
Patient: The term "patient" shall mean any individual suffering from disease or disabilities or any individual who due to advanced age requires services or care.
Personal care: The term "personal care" shall mean those services which an individual would normally perform for himself but for which he is personally dependent on others because of advanced age, infirmity or physical or mental limitation. This includes assistance in walking, getting in and out of bed, bathing, dressing, feeding and general supervision and assistance in daily living.
Personal care home: The term "personal care home" shall mean an institution which maintains conditions or facilities and equipment for provision of domiciliary or personal care in a protective institutional environment to persons who because of advanced age or physical or mental disability are not gainfully employed.
Room: An area enclosed by 4 ceiling-high walls and covered by a ceiling. (Mont. Co. Code 1965, § 89-1; Ord. No. 6-18, § 1; 1972 L.M.C., ch. 16, § 5; 1980 L.M.C., ch. 27, § 1; 1995 L.M.C., ch. 13, § 1; 2002 L.M.C., ch. 36, § 1.)
Editor's note-Section 5 of 1995 L.M.C., ch. 13, reads as follows: "Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services."
The director is hereby charged with the responsibility for the administration and enforcement of the provisions of this chapter under the direction of the county executive. (Mont. Co. Code 1965, § 89-2; 1972 L.M.C., ch. 16, §§ 5, 13; 1980 L.M.C., ch. 27, § 1.)
For the purpose of enforcing this chapter, the director, the fire marshal, the superintendent of police and such subordinate officials as may be expressly designated by the above-named county officials shall, upon exhibiting the proper credentials or proof of identity, have the right to enter any building, structure or premises of an institution for the purpose of inspecting all spaces and areas (except the living quarters of staff members of any institution without the consent of the occupant of such living quarters) at any time during business or operating hours and at such other times as may be necessary for the health, safety or welfare of the patients. (Mont. Co. Code 1965, § 89-3; 1972 L.M.C., ch. 16, § 5; 1980 L.M.C., ch. 27, § 1.)
Every institution shall keep a register containing a record of all persons admitted and cared for. Such register shall be maintained on a yearly basis in a substantial bound volume or in such other form as may be approved by the director, and shall be signed either by the patient, his physician or a person responsible for the patient's care. The register shall contain the following minimum information:
Name
Admittance address
Age
Sex
Date of admission
Date of discharge
Weight on admission and monthly recordings, if possible
Nursing notes
List of any personal belongings or money turned over to the institution for safekeeping and disposition
Name and address of person responsible for patient
Name and address of attending physician
Diagnosis
Medication orders
Progress notes.
(Mont. Co. Code 1965, § 89-4.)
No owner or administrator of, nor any person employed or associated with, an institution shall accept from any applicant for care of patient, or from any other person on behalf of such an applicant or patient, advance payment or compensation for a period of care for the applicant or patient exceeding twelve (12) months.
This section shall not be construed to include those cases where such institution is operated by a bona fide charitable organization and there has been a gift or donation to the institution by any patient, or person on behalf of the patient, but otherwise shall be strictly construed. (Mont. Co. Code 1965, § 89-5.)
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