Skip to Content

Mont. Code Ann. § 50-16-553

Link to the law
This will open in a new window

Civil remedies

 

These requirements only apply to those health care providers and facilities that are not considered covered entities under HIPAA. 

Any person whose rights have been violated with respect to recorded health care information (e.g., those rights related to access, confidentiality, amendment, etc.) may bring an action for relief against the relevant health care provider(s) or other person within 3 years from the date of the violation(s). The court may order the provider or other person to comply with the relevant provisions, and may order any other appropriate relief. The person whose rights have been violated may recover damages for monetary losses sustained as a result of the violation and, if the violation results from willful or grossly negligent conduct, may additionally recover up to $5,000. The court may also award reasonable attorney’s fees and litigation costs. 


Current as of June 2015