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Ex. MT-071 Order Primary source read

DPHHS letter to providers: scope of the HB 702 Section 2 exemption for licensed nursing homes, long-term care and assisted living facilities

Dear Providers letter of July 28, 2021 (HB 702; CMS and CDC regulations or guidance)

Montana Department of Public Health and Human Services, Director's Office (Adam Meier, Director) · Montana (Sector regulator)

The COVID Project

The record

Jurisdiction
Montana
Level
Sector regulator
Authority
HB 702 (2021) Section 2; Mont. Code Ann. Title 49, ch. 2, part 3; 42 C.F.R. 483.80(d) (CMS interim final rule, 86 Fed. Reg. 26306); CMS QSO-21-19-NH
Issued
2021-07-28 July 28, 2021
Effective
2021-07-28
End
Open-ended (in force through Sept. 30, 2021) (read as 2021-09-30)
In force
July 28, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitation types
Health care ordersVaccination or testing
Addressees
  • licensed nursing homes
  • long-term care facilities
  • assisted living facilities
  • health care facilities generally
Functions reached
  • IC infection control (staff vaccination programs)
  • HR (vaccination inquiries limited)
  • RS residential care
Collection
Montana MT

Operative words

You are likely aware that the 2021 House Bill 702 ("HB 702") generally added discrimination on the basis of vaccination status to the Montana Human Rights Act... Importantly, Section 2 of HB 702 exempts licensed nursing homes, long-term care facilities, and assisted living facilities from this nondiscrimination framework when compliance with the law would "result in a violation of regulations or guidance issued by the Centers for Medicare and Medicaid Services (CMS) or the Centers for Disease Control and Prevention."... Under the Interim Final Rules, every LTC and ICF-IID must have a vaccination program that meets the educational and information needs of each resident... and staff member.... The Interim Final Rules, however, do not require these facilities to ensure that residents and staff members are vaccinated.

Enforcement

Montana Human Rights Act enforcement (Title 49, ch. 2) as construed by the licensing agency

Notes

The State regulator's own construction, in force in Q3 2021, of how Montana law and the CMS rules constrained long-term care employers' vaccination practices

Retrieval note

Retrieved from the Wayback raw capture after the tool's rendered copy failed; text read.