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Lawmakers debate bill to guarantee legislator access to Montana State Hospital; health officials warn of patient‑privacy and CMS risks

House Health and Human Services · February 12, 2025
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Summary

House Bill 403 would require immediate, broad access for legislators to Montana State Hospital. Supporters said access improves oversight after past abuse allegations; the Department of Public Health and Human Services and the hospital's leadership warned the bill's current language could violate patient privacy, HIPAA and CMS Conditions of Participation.

Representative Donovan Hawk introduced House Bill 403 to give state legislators statutory access to Montana State Hospital for oversight and constituent advocacy. "The purpose of this bill is to allow unimpeded access for state legislators to our state hospital," Hawk told the House Health and Human Services committee.

Supporters said the change responds to a history of restricted visits and to serious incidents at the hospital. Patrick Yawake, representing the Blackfeet Tribe, Fort Belknap Indian Community and Chippewa Cree Tribe of Rocky Boy, told the committee that a facility had previously lost Medicaid and Medicare funding after abuse and neglect investigations that he said led to four deaths and multiple reports. "With legislative access, respectful patient privacy, these legislators can be an advocate and a first responder for Montana…

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