§ 50-5-701

50-5-701. Definitions. As used in this part, the following definitions apply: (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: (a) basic activities of daily living; (b) instrumental activities of daily living; and (c) medical or nursing tasks that do not require a licensed professional. (2) 'Discharge' means a patient's exit or release from a hospital to the patient's residence after an inpatient hospital admission. (3) 'Entry' means an individual's admission into a hospital for the purposes of inpatient care. (4) 'Hospital' means a hospital, critical access hospital, or rural emergency hospital as those terms are defined in 50-5-101. (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.

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. (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. (6) 'Legal representative' means: (a) a legal guardian; (b) a person who holds a medical power of attorney; or (c) a representative named in an advance health care directive recognized under Montana law or the law of another state. (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. (b) The term does not include an assisted living facility, state-licensed group home, hospital, rehabilitation facility, or skilled nursing facility. History: En. Sec. 1, Ch. 129, L. 2017; amd. Sec. 6, Ch. 602, L. 2023.