Montana

Grounds stated in the sources

Montana's own administrative rule for licensed skilled nursing and skilled/intermediate care facilities states: "A skilled nursing care facility shall comply with the Conditions of Participation for Skilled Nursing Facilities as set forth in 42 CFR subchapter G part 483." (ARM 37.106.601) — Montana does not restate the federal grounds in its own text; see the federal page for what 42 CFR 483.15 itself enumerates. Separately, by statute, "The state adopts by reference for all long-term care facilities the rights for long-term care facility residents applied by the federal government to facilities that provide skilled nursing care or intermediate nursing care and participate in a medicaid or medicare program (42 U.S.C. 1395i-3(a) and 1396r(a), as implemented by regulation)." (MCA 50-5-1104(1)).

Notice stated in the sources

MCA 50-5-1104(2)(j): "In case of involuntary transfer or discharge, a resident has the right to reasonable advance notice to ensure an orderly transfer or discharge. Reasonable advance notice requires at least 21 days' written notification of any interfacility transfer or discharge except in cases of emergency or for medical reasons documented in the resident's medical record by the attending physician." The state long-term care ombudsman program's own page states the same right differently: residents have the right to "be transferred or discharged against their wishes only for specific reasons provided by law, given at least 30 days' written notice of moves outside the facility, and be informed of their appeal rights and rights to live there again". Both figures — 21 days in the statute, 30 days on the ombudsman program's page — are quoted as published; neither is reconciled here.

Hearing office in these sources

"Hearings contesting a transfer or discharge of a nursing facility resident by a nursing facility are available to the extent granted in 42 CFR part 431, subpart E" (ARM 37.5.105(1)), with the department itself not a party: "the department is not a party to the hearing. The contested action is the action of a nursing facility rather than the department." (ARM 37.5.105(1)(a)). The filing deadline and address are stated separately: "A hearing request from a claimant must be received in writing within 30 days of the date of mailing of notice of the adverse action regarding:" — "a nursing facility's transfer or discharge of a nursing facility resident;" and hearing requests "must be mailed or delivered to the Office of Fair Hearings, P.O. Box 202953, Helena, MT 59620-2953." (ARM 37.5.307(5)(b), (6)).

Ombudsman in these sources

The Long-Term Care Ombudsman Program's own page: "Long-term care ombudsmen (LTCO) help residents in long-term care living facilities understand and exercise the rights they are guaranteed by law." Its published contact: "The State Long-Term Care Ombudsman" "Office on Aging, Senior and Long-Term Care Division" "(800) 332-2272" — a help line the page notes "is only available during normal business hours. For all emergencies, call 911." — and, separately, "Your Regional or Local Ombudsman" "(800) 551-3191" via the "Montana Ombudsman Directory". The division's own postal address, given at the foot of the same page: "Senior and Long Term Care" "PO Box 4210, Helena MT 59604" "(406) 444-4077".

Sources last checked

Sep 3, 2026

Reproduced from the agencies' own pages and documents quoted below — potentially relevant official sources, not a determination that any notice, ground, or deadline applies to any situation.

Lede

This page assembles what Montana's own publishers state about involuntary transfer and discharge from a nursing facility. It is a baseline page: the docket rows and the source map are built; the grounds section and the published-process section are not yet written, as the change log records. Montana's shape is distinctive among the states built so far: its own licensing rule for skilled nursing and skilled/intermediate care facilities does not restate grounds or a notice period at all — it adopts the federal Conditions of Participation, 42 CFR part 483, by reference, naming only where a copy of the federal requirements may be obtained. The fullest state-specific source is MCA 50-5-1104, Rights of long-term care facility residents, current in the 2025 Montana Code Annotated, which states its own 21-day advance-notice right for involuntary transfer or discharge in addition to the federally adopted rights.

The appeal route is likewise assembled from two publishers: the Administrative Rules of Montana's fair-hearing chapter, which grants a hearing "to the extent granted in 42 CFR part 431, subpart E" and sets a 30-day filing deadline naming nursing-facility transfer or discharge specifically, with a single statewide filing address (the Office of Fair Hearings, Helena); and the Long-Term Care Ombudsman Program, a separate DPHHS page, for its own contact. The federal floor for Medicare/Medicaid-certified facilities is assembled separately on the federal page; nothing here fills a gap from federal law or another state — where Montana's own rule points to that federal floor rather than restating it, this page records that pointer rather than substituting the federal text for it. Confirm applicability with the agencies named in the sources: whether any provision applies to a particular facility, resident, or notice is for the hearing office to determine. Deadlines and periods on this page are quoted from the sources, not calculated for any case.