Can I collect health information from participants in Montana? What are the requirements?

Requirements for Collecting Health Information from Participants in Montana

Based on the provided documents, there are specific requirements for collecting health information from participants in Montana.

As per MTAR 37.86.4405, Rural Health Clinics (RHC) and Federally Qualified Health Centers (FQHC) must maintain a current Montana Medicaid provider enrollment according to the requirements of ARM 37.85.402. Additionally, as a condition of participation in the Montana Medicaid program, a rural health clinic must be and remain certified by the Medicare program under the conditions of certification specified in 42 CFR Part 491, subpart A. An FQHC must be a federally qualified health center as defined in 42 USC 1396d(l) (2) (B).

Furthermore, MTAR 37.86.4406 states that the Montana Medicaid program will cover and reimburse RHC or FQHC services only if the services are provided in accordance with the same requirements that would apply if the service were provided by an individual or entity other than an RHC or an FQHC, except as specifically provided otherwise in this subchapter. These requirements include but are not limited to applicable licensure, certification and registration requirements, and applicable restrictions upon the form of entity or category of individual provider that may provide particular services.

Therefore, if you are collecting health information from participants in Montana, you must ensure that you are complying with the requirements of the Montana Medicaid program and the applicable licensure, certification, and registration requirements.

Patient Authorization to Health Care Provider for Disclosure

According to MTCO 50-16-526, a patient may authorize a health care provider to disclose the patient’s health care information. A health care provider shall honor an authorization and, if requested, provide a copy of the recorded health care information unless the health care provider denies the patient access to health care information under 50-16-542. To be valid, a disclosure authorization to a health care provider must be in writing, dated, and signed by the patient, identify the nature of the information to be disclosed, and identify the person to whom the information is to be disclosed.

Conclusion

Based on the provided documents, if you are collecting health information from participants in Montana, you must comply with the requirements of the Montana Medicaid program and the applicable licensure, certification, and registration requirements. Additionally, a patient may authorize a health care provider to disclose their health care information, but the authorization must be in writing, dated, and signed by the patient, and identify the nature of the information to be disclosed and the person to whom the information is to be disclosed.

Jurisdiction

Montana

• Privacy