Terms Used In Montana Code > Title 50 > Chapter 5 - Hospitals and Related Facilities

• Administrator: means a person who is licensed as a nursing home administrator under Title 37, chapter 9, and who administers, manages, or supervises a long-term care facility. See Montana Code 50-5-1103
• Adult: means any person 18 years of age or older. See Montana Code 50-5-1301
• Advanced practice registered nurse: means an individual who is licensed under Title 37, chapter 8, to practice professional nursing in this state and who has fulfilled the requirements of the board of nursing pursuant to 37-8-202 and 37-8-409. See Montana Code 50-5-1301
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• 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. See Montana Code 50-5-701

• Amortization: Paying off a loan by regular installments.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Attending health care provider: means the physician, advanced practice registered nurse, or physician assistant, whether selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient. See Montana Code 50-5-1301
• Authorized representative: means :

  (a)a person who has a general power of attorney for a resident;

  (b)a person appointed by a court to manage the personal or financial affairs of a resident;

  (c)a representative payee;

  (d)a resident's next of kin; or

  (e)a sponsoring agency. See Montana Code 50-5-1103

• Care facility: means a hospice, hospital, or long-term care facility. See Montana Code 50-5-1403
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decisional capacity: means the ability to provide informed consent to or refuse medical treatment or the ability to make an informed health care decision as determined by a health care provider experienced in this type of assessment. See Montana Code 50-5-1301
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-5-602
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-5-1103
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-5-1202
• Dependent: A person dependent for support upon another.
• Discharge: means a patient's exit or release from a hospital to the patient's residence after an inpatient hospital admission. See Montana Code 50-5-701
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Entry: means an individual's admission into a hospital for the purposes of inpatient care. See Montana Code 50-5-701
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Family practice: means comprehensive medical care with particular emphasis on the family unit, in which the physician's continuing responsibility for health care is not limited by the patient's age or sex, as defined in 1-1-201, or by a particular organ system or disease entity. See Montana Code 50-5-602
• Fiduciary: A trustee, executor, or administrator.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health care facility: means a hospital, critical access hospital, rural emergency hospital, or facility providing skilled nursing care as those terms are defined in 50-5-101. See Montana Code 50-5-1301
• Health care provider: means any individual licensed or certified by the state to provide health care. See Montana Code 50-5-1301
• Hospice: has the meaning provided in 50-5-101. See Montana Code 50-5-1403
• Hospital: means a hospital, critical access hospital, or rural emergency hospital as those terms are defined in 50-5-101. See Montana Code 50-5-701
• Hospital: means a hospital or critical access hospital as those terms are defined in 50-5-101. See Montana Code 50-5-1403
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interested person: means a patient's:

  (a)spouse;

  (b)parent;

  (c)adult child, sibling, or grandchild; or

  (d)close friend. See Montana Code 50-5-1301

• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• 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. See Montana Code 50-5-701
• Lay proxy decisionmaker: means an interested person selected pursuant to this part authorized to make medical decisions and discharge and transfer dispositions for a patient who lacks decisional capacity. See Montana Code 50-5-1301
• 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. See Montana Code 50-5-701

• long-term care facility: means a facility or part of a facility licensed under Title 50, chapter 5, to provide skilled nursing care, intermediate nursing care, or personal care. See Montana Code 50-5-1103
• Long-term care facility: means a licensed facility that provides skilled nursing care or intermediate nursing care or that is an assisted living facility, as defined in 50-5-101. See Montana Code 50-5-1202
• Long-term care facility: has the meaning provided in 50-5-101. See Montana Code 50-5-1403
• Long-term care ombudsman: means the individual appointed to fulfill the requirement of 42 U. See Montana Code 50-5-1103
• Medical proxy decisionmaker: means a physician or advanced practice registered nurse designated by the attending health care provider. See Montana Code 50-5-1301
• Medical symptom: means an indication of a physical or psychological condition or of a physical or psychological need expressed by the patient. See Montana Code 50-5-1202
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Patient: means an individual receiving services from a care facility. See Montana Code 50-5-1403
• person: includes one or more individuals, partnerships, associations, and corporations;

  (2)"sterilization" means the performance of, assistance or participation in the performance of, or submission to an act or operation intended to eliminate an individual's reproductive capacity. See Montana Code 50-5-501

• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Physician: includes an advanced practice registered nurse to the extent permitted by federal law. See Montana Code 50-5-1202
• Physician: means an individual licensed pursuant to Title 37, chapter 3. See Montana Code 50-5-1301
• Physician assistant: means an individual licensed pursuant to Title 37, chapter 20. See Montana Code 50-5-1301
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Property: means real and personal property. See Montana Code 1-1-205
• Residence: means a dwelling that the patient considers to be the patient's home, including the home of a lay caregiver, relative, or friend. See Montana Code 50-5-701
• Residency training: means a community-based family practice program to train family practice resident physicians, sponsored by one or more community hospitals and physicians in Montana, for inpatient and outpatient training. See Montana Code 50-5-602
• Resident: means a person who lives in a long-term care facility. See Montana Code 50-5-1103
• Resident: means a person who lives in a long-term care facility. See Montana Code 50-5-1202
• Resident physician: means any physician in advanced medical specialty training. See Montana Code 50-5-602
• Safety devices: means side rails, tray tables, seatbelts, and other similar devices. See Montana Code 50-5-1202
• Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
• sterilization: means the performance of, assistance or participation in the performance of, or submission to an act or operation intended to eliminate an individual's reproductive capacity. See Montana Code 50-5-501
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Venue: The geographical location in which a case is tried.