50-5-701. Definitions.
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/mt/title-50/chapter-5/part-7/50-5-701·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 .
(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.
(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.
(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.