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69th Legislature 2025 HB 949
- 1 - Authorized Print Version – HB 949
ENROLLED BILL
AN ACT REQUIRING THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES TO ESTABLISH A
FEE SCHEDULE AND ADMINISTRATIVE RULES TO ADDRESS THE PAYMENT OF COSTS ASSOCIATED
WITH THE COMMITMENT OF INDIVIDUALS TO CERTAIN COMMUNITY FACILITIES; ESTABLISHING
REPORTING REQUIREMENTS; PROVIDING RULEMAKING AUTHORITY; PROVIDING AN
APPROPRIATION; AND AMENDING SECTIONS 53-21-149 AND 53-21-193, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Reporting requirement. Before September 1 of each even-numbered year, the
department of public health and human services shall report to the children, families, health, and human
services interim committee in accordance with 5-11-210. The report must include the following information:
(1) the number of individuals committed pursuant to 53-21-127(3)(a) and (3)(b) and aggregate
information on the facilities to which they were committed; and
(2) the number of individuals detained pursuant to 53-21-124 and aggregate information on the
facilities in which they were detained.
Section 2. Section 53-21-149, MCA, is amended to read:
"53-21-149. Conditions of treatment in community facility, program, or course of treatment. If
the court orders a disposition under 53-21-127(3)(b), the court may order the following conditions for treatment
in a community facility or program, or may order a course of treatment, including but not limited to:
(1) (a) following a treatment plan developed pursuant to 53-21-150 that may include case
management services, medication, short-term inpatient treatment, chemical dependency treatment, assertive
community treatment, or a combination, as set forth by the designated community facility or program or the
individual responsible for the management and supervision of the respondent's treatment; or
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69th Legislature 2025 HB 949
- 2 - Authorized Print Version – HB 949
ENROLLED BILL
(2)(b) specific residential or housing requirements that may include being under the care or custody
of a relative or guardian.
(2) The department of public health and human services shall establish a fee schedule and
administrative rules to address the payment of costs associated with the commitment of a person to a
community facility or program pursuant to this section."
Section 3. Section 53-21-193, MCA, is amended to read:
"53-21-193. Commitment to behavioral health inpatient facilities -- preference -- voluntary
treatment. (1) If a respondent is committed to the state hospital under 53-21-127 or if a person in an
emergency situation requires detention under 53-21-129 and a bed is available at a behavioral health inpatient
facility, the professional person shall inform the county attorney who shall inform the person who is responsible
for transporting the individual as to the appropriate facility to which the individual is to be transported for
admission.
(2) If a respondent is committed to or an individual requires emergency detention in a behavioral
health inpatient facility, the facility must be notified and the facility shall state that a bed is available and agree
to accept transfer of the patient based on admission criteria before an individual may be transferred to the
behavioral health inpatient facility under this section.
(3) A respondent who is committed to or an individual who is transferred to a behavioral health
inpatient facility may be transferred to the state hospital for the remaining period of commitment in accordance
with criteria established by the department by rule pursuant to 53-21-194. A court order for commitment or
transfer must include the transfer authority, and all conditions contained in the court order apply after a transfer.
(4) The court may not order commitment of the respondent or transfer of an individual to a
behavioral health inpatient facility under this part if a bed is not available or if the licensed capacity would be
exceeded.
(5) If a bed is available, a behavioral health inpatient facility may admit a person for voluntary
treatment.
(6) The department of public health and human services shall establish a fee schedule and
administrative rules to address the payment of costs associated with the commitment of a person to a
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69th Legislature 2025 HB 949
- 3 - Authorized Print Version – HB 949
ENROLLED BILL
behavioral health inpatient facility as provided by this section."
Section 4. Appropriation. (1) There is appropriated $5,000 from the general fund to the department
of public health and human services for the biennium beginning July 1, 2025, for the costs of implementing [this
act].
(2) The legislature intends that this is a one-time-only appropriation.
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I hereby certify that the within bill,
HB 949, 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. 949
INTRODUCED BY M. CAFERRO
AN ACT REQUIRING THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES TO ESTABLISH A
FEE SCHEDULE AND ADMINISTRATIVE RULES TO ADDRESS THE PAYMENT OF COSTS ASSOCIATED
WITH THE COMMITMENT OF INDIVIDUALS TO CERTAIN COMMUNITY FACILITIES; ESTABLISHING
REPORTING REQUIREMENTS; PROVIDING RULEMAKING AUTHORITY; PROVIDING AN
APPROPRIATION; AND AMENDING SECTIONS 53-21-149 AND 53-21-193, MCA.