{"id":"MT-071","kind":"order","level":"sector-regulator","jurisdiction":"Montana","state":"MT","metro":"","industry":"","agency":"","eco":"","issuer":"Montana Department of Public Health and Human Services, Director\u0027s Office (Adam Meier, Director)","authority":"HB 702 (2021) Section 2; Mont. Code Ann. Title 49, ch. 2, part 3; 42 C.F.R. 483.80(d) (CMS interim final rule, 86 Fed. Reg. 26306); CMS QSO-21-19-NH","instrument":"DPHHS letter to providers: scope of the HB 702 Section 2 exemption for licensed nursing homes, long-term care and assisted living facilities","title":"Dear Providers letter of July 28, 2021 (HB 702; CMS and CDC regulations or guidance)","dateIssued":"2021-07-28","effective":"2021-07-28","end":"Open-ended (in force through Sept. 30, 2021)","startDate":"2021-07-28","endDate":"2021-09-30","quarters":["2021Q3"],"types":["VAX","HC"],"addressees":["licensed nursing homes","long-term care facilities","assisted living facilities","health care facilities generally"],"clause":"You are likely aware that the 2021 House Bill 702 (\u0022HB 702\u0022) generally added discrimination on the basis of vaccination status to the Montana Human Rights Act... Importantly, Section 2 of HB 702 exempts licensed nursing homes, long-term care facilities, and assisted living facilities from this nondiscrimination framework when compliance with the law would \u0022result in a violation of regulations or guidance issued by the Centers for Medicare and Medicaid Services (CMS) or the Centers for Disease Control and Prevention.\u0022... Under the Interim Final Rules, every LTC and ICF-IID must have a vaccination program that meets the educational and information needs of each resident... and staff member.... The Interim Final Rules, however, do not require these facilities to ensure that residents and staff members are vaccinated.","enforcement":"Montana Human Rights Act enforcement (Title 49, ch. 2) as construed by the licensing agency","functions":["IC infection control (staff vaccination programs)","HR (vaccination inquiries limited)","RS residential care"],"notes":"The State regulator\u0027s own construction, in force in Q3 2021, of how Montana law and the CMS rules constrained long-term care employers\u0027 vaccination practices","sourceUrl":"https://erd.dli.mt.gov/_docs/human-rights/hb-702-memorandum.pdf","snapshot":"https://web.archive.org/web/20210728204656/https://erd.dli.mt.gov/_docs/human-rights/hb-702-memorandum.pdf","fileExists":true,"fileBytes":171905,"grade":"primary","character":"","description":"","collection":"MT","url":"/library/MT-071","exhibitUrl":"/exhibit/MT-071","citation":"Montana Department of Public Health and Human Services, Director\u0027s Office (Adam Meier, Director), DPHHS letter to providers: scope of the HB 702 Section 2 exemption for licensed nursing homes, long-term care and assisted living facilities (July 28, 2021) (Ex. MT-071)","stateName":"Montana","related":["DUT-MT-030","SEC-27-014"]}