DPHHS letter to providers: scope of the HB 702 Section 2 exemption for licensed nursing homes, long-term care and assisted living facilities

The record

Jurisdiction

Montana

Level

Sector regulator

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

Issued

2021-07-28 July 28, 2021

Effective

2021-07-28

End

Open-ended (in force through Sept. 30, 2021) (read as 2021-09-30)

In force

July 28, 2021 to Sept. 30, 2021

Quarters

2021 Q3

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Health care ordersVaccination or testing

Addressees

• licensed nursing homes
• long-term care facilities
• assisted living facilities
• health care facilities generally

Functions reached

• IC infection control (staff vaccination programs)
• HR (vaccination inquiries limited)
• RS residential care

Collection

Montana MT

Operative words

You are likely aware that the 2021 House Bill 702 ("HB 702") 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 "result 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."... 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

Notes