Montana Code Annotated 2023

TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 9. LIABILITY EXPOSURE AND INSURANCE COVERAGE

Part 9. Limitations on Liability Relating to Covid-19

Definitions

2-9-901. (Temporary) Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Covid-19" means the novel coronavirus identified as SARS-CoV-2, the disease caused by the novel coronavirus SARS-CoV-2 or a virus mutating from it, and conditions associated with the disease caused by the novel coronavirus SARS-CoV-2 or a virus mutating from it.

(2) "Government entity" means the state and political subdivisions, including but not limited to:

(a) political subdivisions as defined in 2-9-101(5);

(b) the legislature, legislative committees, and legislators acting in their official capacity; and

(c) employees of the state or a political subdivision.

(3) "Health care provider" means a health care professional, whether the health care professional works for a health care provider or a government health care provider, health care facility, home health care facility, assisted living facility, or any other person or facility otherwise authorized or permitted by any federal or state statute, regulation, order, or public health guidance to administer health care services or treatment.

(4) "Person" means an individual, corporation, nonprofit corporation, estate, trust, partnership, limited liability company, business or similar trust, association, joint venture, place of worship, personal representative, trustee, government entity, or any other legal or commercial entity.

(5) "Premises" includes any real property and any appurtenant building or structure, as well as any other location, vehicle, or place serving a commercial, residential, educational, religious, governmental, cultural, charitable, or health care purpose.

(6) "Public health guidance" includes guidance related to covid-19 issued by the following:

(a) the centers for disease control and prevention of the United States department of health and human services;

(b) the centers for medicare and medicaid services of the United States department of health and human services;

(c) the federal occupational safety and health administration;

(d) the office of the governor;

(e) a state agency, including the Montana department of public health and human services; or

(f) a local government, including a local government health department or local government board of health. (Terminates December 31, 2031--sec. 12, Ch. 516, L. 2021.)

History: En. Sec. 1, Ch. 516, L. 2021.