{"data":{"id":"us-mt/50-5-701","jurisdiction":"us-mt","citation":"50-5-701","heading":"Definitions.","body":"As used in this part, the following definitions apply:\n(1) \"Aftercare\" means assistance provided by a lay caregiver to a patient after the patient's discharge from a hospital and limited to the patient's condition at the time of discharge, including but not limited to assistance with:\n(a) basic activities of daily living;\n(b) instrumental activities of daily living; and\n(c) medical or nursing tasks that do not require a licensed professional.\n(2) \"Discharge\" means a patient's exit or release from a hospital to the patient's residence after an inpatient hospital admission.\n(3) \"Entry\" means an individual's admission into a hospital for the purposes of inpatient care.\n(4) \"Hospital\" means a hospital, critical access hospital, or rural emergency hospital as those terms are defined in 50-5-101.\n(5) (a) \"Lay caregiver\" means an individual designated as a lay caregiver by a patient or the patient's legal representative to provide aftercare to a patient in the patient's residence. The term includes but is not limited to a spouse, relative, partner, friend, or neighbor.\n(b) The term does not include an individual who receives a third-party payment for providing post-discharge assistance to a patient unless the individual is providing assistance under a Medicaid self-directed service delivery model authorized by the state.\n(6) \"Legal representative\" means:\n(a) a legal guardian;\n(b) a person who holds a medical power of attorney; or\n(c) a representative named in an advance health care directive recognized under Montana law or the law of another state.\n(7) (a) \"Residence\" means a dwelling that the patient considers to be the patient's home, including the home of a lay caregiver, relative, or friend.\n(b) The term does not include an assisted living facility, state-licensed group home, hospital, rehabilitation facility, or skilled nursing facility.","path":["TITLE 50. HEALTH AND SAFETY","CHAPTER 5. HOSPITALS AND RELATED FACILITIES","Part 7. Lay Caregivers"],"source_url":"https://mca.legmt.gov/bills/mca/title_0500/chapter_0050/part_0070/section_0010/0500-0050-0070-0010.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:56:10Z","sha256":"754f6f7b2205d69269ea9bd60a9cf2339ea57b7fb18fd67308ff080c80d7a311","source_id":"us-mt","stale":false,"prev":"us-mt/50-5-611","next":"us-mt/50-5-702"},"notice":"GroundRules: Original legal text. Not legal advice."}
