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69th Legislature 2025 HB 949.1
- 1 - Authorized Print Version – HB 949
1 HOUSE BILL NO. 949
2 INTRODUCED BY M. CAFERRO
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REQUIRING THE DEPARTMENT OF PUBLIC HEALTH AND
5 HUMAN SERVICES TO ESTABLISH A FEE SCHEDULE AND ADMINISTRATIVE RULES TO ADDRESS THE
6 PAYMENT OF COSTS ASSOCIATED WITH THE COMMITMENT OF INDIVIDUALS TO CERTAIN
7 COMMUNITY FACILITIES; ESTABLISHING REPORTING REQUIREMENTS; PROVIDING RULEMAKING
8 AUTHORITY; PROVIDING AN APPROPRIATION; AND AMENDING SECTIONS 53-21-149 AND 53-21-193,
9 MCA.”
10
11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
12
13 NEW SECTION. Section 1. Before September 1 of each even-numbered
14 year, the department of public health and human services shall report to the children, families, health, and
15 human services interim committee in accordance with 5-11-210. The report must include the following
16 information:
17 (1) the number of individuals committed pursuant to 53-21-127(3)(a) and (3)(b) and aggregate
18 information on the facilities to which they were committed; and
19 (2) the number of individuals detained pursuant to 53-21-124 and aggregate information on the
20 facilities in which they were detained.
21
22 Section 53-21-149, MCA, is amended to read:
23 "53-21-149. If
24 the court orders a disposition under 53-21-127(3)(b), the court may order the following conditions for treatment
25 in a community facility or program, or may order a course of treatment, including but not limited to:
26 (1) (a) following a treatment plan developed pursuant to 53-21-150 that may include case
27 management services, medication, short-term inpatient treatment, chemical dependency treatment, assertive
28 community treatment, or a combination, as set forth by the designated community facility or program or the ****
69th Legislature 2025 HB 949.1
- 2 - Authorized Print Version – HB 949
1 individual responsible for the management and supervision of the respondent's treatment; or
2 (2)(b) specific residential or housing requirements that may include being under the care or custody
3 of a relative or guardian.
4 (2) The department of public health and human services shall establish a fee schedule and
5 administrative rules to address the payment of costs associated with the commitment of a person to a
6 community facility or program pursuant to this section."
7
8 Section 53-21-193, MCA, is amended to read:
9 "53-21-193.
10 (1) If a respondent is committed to the state hospital under 53-21-127 or if a person in an
11 emergency situation requires detention under 53-21-129 and a bed is available at a behavioral health inpatient
12 facility, the professional person shall inform the county attorney who shall inform the person who is responsible
13 for transporting the individual as to the appropriate facility to which the individual is to be transported for
14 admission.
15 (2) If a respondent is committed to or an individual requires emergency detention in a behavioral
16 health inpatient facility, the facility must be notified and the facility shall state that a bed is available and agree
17 to accept transfer of the patient based on admission criteria before an individual may be transferred to the
18 behavioral health inpatient facility under this section.
19 (3) A respondent who is committed to or an individual who is transferred to a behavioral health
20 inpatient facility may be transferred to the state hospital for the remaining period of commitment in accordance
21 with criteria established by the department by rule pursuant to 53-21-194. A court order for commitment or
22 transfer must include the transfer authority, and all conditions contained in the court order apply after a transfer.
23 (4) The court may not order commitment of the respondent or transfer of an individual to a
24 behavioral health inpatient facility under this part if a bed is not available or if the licensed capacity would be
25 exceeded.
26 (5) If a bed is available, a behavioral health inpatient facility may admit a person for voluntary
27 treatment.
28 (6) The department of public health and human services shall establish a fee schedule and ****
69th Legislature 2025 HB 949.1
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1 administrative rules to address the payment of costs associated with the commitment of a person to a
2 behavioral health inpatient facility as provided by this section."
3
4 NEW SECTION. Section 4. (1) There is appropriated $5,000 from the general fund to
5 the department of public health and human services for the biennium beginning July 1, 2025, for the costs of
6 implementing [this act].
7 (2) The legislature intends that this is a one-time-only appropriation.
8 - END -