Healthcare

SB 86 revises Montana's laws governing automatic external defibrillator (AED) programs. It requires entities (like schools, businesses, or public venues) using AEDs to create written plans detailing AED locations, authorized users, CPR/AED training, coordination with local emergency medical services, and maintenance records. The bill eliminates the Department of Public Health's authority to create rules about AEDs and updates enforcement: violations now trigger a written cease order from the department, with entities able to request a hearing within 30 days. These changes aim to clarify AED program requirements and streamline oversight.

SB 88 revises Montana's certificate of need process for healthcare facilities by requiring the Department of Public Health and Human Services to publish descriptions of letters of intent on the 10th of each month in a newspaper of general circulation and on its website. It establishes a 30-day window for interested parties to request comparative review of proposals and sets clear deadlines for the department to review applications (20 working days for completeness, 90 days for final review). The bill also mandates that the department notify applicants of decisions within 5 working days after the review period ends. These changes directly affect healthcare providers seeking to acquire or expand long-term care facilities, particularly those involving 50% or more of an existing facility. The bill takes effect July 1, 2025.

HB 195 revises Montana’s cap on non-monetary damages (like pain, suffering, and emotional distress) in medical malpractice cases. It immediately raises the limit from $250,000 to $300,000, with scheduled annual increases: $350,000 in 2026, $400,000 in 2027, $450,000 in 2028, $500,000 in 2029, and 2% annual increases thereafter. The cap applies per patient per incident and is determined by the date the claim was first filed (with the medical panel or in court), not the trial date. This directly affects patients filing medical malpractice claims and healthcare providers defending such cases.