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- 2025
69th Legislature 2025 HB 590
- 1 - Authorized Print Version – HB 590
ENROLLED BILL
AN ACT GENERALLY REVISING LAWS RELATED TO ELECTRONIC HEALTH RECORDS; REQUIRING
HEALTH CARRIERS TO ESTABLISH AND MAINTAIN CERTAIN APPLICATION PROGRAMMING
INTERFACES FOR THE BENEFIT OF THE INSURED; AND PROVIDING A DELAYED EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Health carrier and patient access to health information -- exemption -- deadline
extensions. (1) A health carrier as defined in 33-2-2402 shall establish and maintain the following application
programming interfaces for the benefit of the carrier's insureds and contracted providers:
(a) a patient access application programming interface, pursuant to 42 CFR 422.119(a) through
422.119(e);
(b) a provider directory application programming interface, pursuant to 42 CFR 422.120;
(c) a provider access application programming interface, pursuant to 42 CFR 422.121(a);
(d) a payer-to-payer exchange application programming interface, pursuant to 42 CFR 422.121(b);
and
(e) a prior authorization application programming interface, pursuant to section 42 CFR 422.122.
(2) A health carrier shall establish and maintain each application programming interface provided
for in subsection (1) for the health carrier's insured and providers at the earliest date required by the centers for
medicare and medicaid services for that type of application programming interface.
(3) An application programming interface must comply with standards published by the centers for
medicare and medicaid services, including effective dates, enforcement delays, and suspensions.
(4) This section does not apply to a health carrier offering a dental only or vision only plan.
(5) (a) The commissioner may extend the deadlines described in this section.
(b) To obtain an extension, a health carrier shall submit a request in writing demonstrating that
- 2025
69th Legislature 2025 HB 590
- 2 - Authorized Print Version – HB 590
ENROLLED BILL
compliance:
(i) would be unduly burdensome, impracticable, or unfeasible; and
(ii) would result in economic harm to the carrier or other stakeholders.
(c) An extension must be granted in writing, including the commissioner’s reasoning for the
decision to extend.
(d) An approved extension must be published on the commissioner's website.
(6) For the purposes of this section, "commissioner" means the insurance commissioner of the
state of Montana.
Section 2. Privacy of electronic health records. (1) Except as provided in subsection (2) of this
section, a health care provider requesting that a medical laboratory test for a patient is performed may not
engage in information blocking as that term is defined in 42 U.S.C. 300jj-52.
(2) The following reports or test results and any other related results must be disclosed to a patient
as part of the patient's electronic health record 72 hours after the results are finalized or when the patient's
health care provider directs the release of the results, whichever occurs first:
(a) pathology reports or radiology reports that have a reasonable likelihood of showing a finding of
new or recurring malignancy;
(b) tests that could reveal genetic markers;
(c) a positive HIV diagnostic test, as that term is defined in 50-16-1003; or
(d) the presence of antigens indicating a hepatitis infection.
(3) Nothing in this section modifies or supersedes an individual's right to amend medical records
provided under 45 CFR 164.526.
(4) For the purposes of this section, "electronic health record" means an electronic system
designed and used to integrate and aggregate electronic health care information from multiple sources,
including, as applicable, a patient’s medical history, diagnoses, treatment plans, immunization dates, allergies,
radiology images, pharmacy records, laboratory orders and final results, and clinical and procedural notes from
health care providers and the various medical and surgical specialties involved in the care of patients.
- 2025
69th Legislature 2025 HB 590
- 3 - Authorized Print Version – HB 590
ENROLLED BILL
Section 3. Codification instruction. (1) [Section 1] is intended to be codified as an integral part of
Title 33, and the provisions of Title 33 apply to [section 1].
(2) [Section 2] is intended to be codified as an integral part of Title 50, chapter 16, part 8, and the
provisions of Title 50, chapter 16, part 8, apply to [section 2].
Section 4. Severability. If a part of [this act] is invalid, all valid parts that are severable from the
invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in
effect in all valid applications that are severable from the invalid applications.
Section 5. Effective dates. [This act] is effective July 1, 2026.
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I hereby certify that the within bill,
HB 590, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 590
INTRODUCED BY G. OBLANDER, C. SCHOMER, C. COCHRAN, E. TILLEMAN, N. NICOL, C. SPRUNGER,
S. FITZPATRICK, B. LER, J. ETCHART, L. BREWSTER, B. MITCHELL, K. SEEKINS-CROWE, S. MANESS,
S. ESSMANN
AN ACT GENERALLY REVISING LAWS RELATED TO ELECTRONIC HEALTH RECORDS; REQUIRING
HEALTH CARRIERS TO ESTABLISH AND MAINTAIN CERTAIN APPLICATION PROGRAMMING
INTERFACES FOR THE BENEFIT OF THE INSURED; AND PROVIDING A DELAYED EFFECTIVE DATE.