Montana § 50-4-1105 - Whistleblower Protections

§ 50-4-1105. Whistleblower Protections

Whistleblower protections. (1) A medical practitioner or health care institution may not be discriminated against because the medical practitioner or health care institution: (a) provides, causes to be provided, or intends to provide or cause to be provided information relating to a suspected violation of this part to the medical practitioner or health care institution's employer, the attorney general, any agency charged with protecting health care rights of conscience, the United States department of health and human services, the United States office for civil rights, or any other federal agency charged with protecting health care rights of conscience; (b) testifies or intends to testify in a proceeding concerning a violation of this part; or (c) assists or participates, or intends to assist or participate, in a proceeding. (2) Except as provided in subsection (3), it is unlawful to discriminate against a medical practitioner because the medical practitioner discloses information that the medical practitioner reasonably believes evinces: (a) a violation of any law, rule, or regulation; (b) a violation of any standard of care or ethical guidelines for the provision of any health care service; or (c) gross mismanagement, a gross waste of funds, an abuse of authority, practices or methods of treatment that may put patient health at risk, or a substantial and specific danger to public health or safety. (3) Nothing in this section may be construed to exempt a person from the requirements of Title 50, chapter 16, the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. 1320d, et seq., or any other applicable confidentiality and patient privacy requirements.