As used in this part, the following definitions apply:

1. (1) "Aftercare" means assistance provided by a lay caregiver to a patient after the patient's discharge from a hospital and limited to the patient's condition at the time of discharge, including but not limited to assistance with:

   1. (a) basic activities of daily living;
   2. (b) instrumental activities of daily living; and
   3. (c) medical or nursing tasks that do not require a licensed professional.
2. (2) "Discharge" means a patient's exit or release from a hospital to the patient's residence after an inpatient hospital admission.
3. (3) "Entry" means an individual's admission into a hospital for the purposes of inpatient care.
4. (4) "Hospital" means a hospital, critical access hospital, or rural emergency hospital as those terms are defined in 50-5-101.

5. (5)

   1. (a) "Lay caregiver" means an individual designated as a lay caregiver by a patient or the patient's legal representative to provide aftercare to a patient in the patient's residence. The term includes but is not limited to a spouse, relative, partner, friend, or neighbor.
   2. (b) The term does not include an individual who receives a third-party payment for providing post-discharge assistance to a patient unless the individual is providing assistance under a Medicaid self-directed service delivery model authorized by the state.

6. (6) "Legal representative" means:

   1. (a) a legal guardian;
   2. (b) a person who holds a medical power of attorney; or
   3. (c) a representative named in an advance health care directive recognized under Montana law or the law of another state.

7. (7)

   1. (a) "Residence" means a dwelling that the patient considers to be the patient's home, including the home of a lay caregiver, relative, or friend.
   2. (b) The term does not include an assisted living facility, state-licensed group home, hospital, rehabilitation facility, or skilled nursing facility.

History: En. Sec. 1, Ch. 129, L. 2017; amd. Sec. 6, Ch. 602, L. 2023.