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HOUSE BILL NO. 557
INTRODUCED BY D. EWER, G. ROUSH, S. BARTLETT, T. BECK, S. DOHERTY, J. ELLINGSON, E. FRANKLIN, H. HARPER, J. LYNCH, L. MCCULLOCH, B. RANEY, D. SHEA, B. WILSON
AN ACT CLARIFYING THE DISCLOSURE OF HEALTH CARE INFORMATION RELATED TO A WORKERS' COMPENSATION CLAIM; AMENDING SECTION 50-16-527, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 50-16-527, MCA, is amended to read:
"50-16-527. Patient authorization -- retention -- effective period -- exception. (1) A health care provider shall retain each authorization or revocation in conjunction with any health care information from which disclosures are made.
(2) Except for authorizations to provide information to third-party health care payors, an authorization may not permit the release of health care information relating to health care that the patient receives more than 6 months after the authorization was signed.
An authorization in effect on October 1, 1987, remains valid for 30 months after October 1, 1987, unless an earlier
date is specified or it is revoked under 50-16-528. Health care information disclosed under such an authorization is
otherwise subject to this part. An authorization written after October 1, 1987, becomes invalid after the expiration date
contained in the authorization, which may not exceed 30 months. If the authorization does not contain an expiration date, it
expires 6 months after it is signed.
(4) Notwithstanding subsections (2) and (3), a signed claim for workers' compensation or occupational disease benefits
authorizes disclosure to the workers' compensation insurer, as defined in 39-71-116, by the health care provider. The
disclosure authorized by this subsection
relates only to authorizes the physician or other health care provider to disclose or
release only information concerning the relevant to the claimant's condition. Health care information relevant to the
claimant's condition may include past history of the complaints of or the treatment of a condition that is similar to that
presented in the claim, conditions for which benefits are subsequently claimed, other conditions related to the same body
part, or conditions that may affect recovery. A release of information related to workers' compensation must be consistent
with the provisions of this subsection. This authorization Authorization under this section is effective only as long as the
claimant is claiming benefits. This subsection may not be construed to restrict the scope of discovery or disclosure of health
care information as allowed under the rules of civil procedure, by the workers' compensation court, or as otherwise
provided by law."
Section 2. Effective date. [This act] is effective on passage and approval.
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Latest Version of HB 557 (HB0557.ENR)
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