Montana requires CONs within four broad categories—hospital beds, beds outside hospitals, facilities and services. Montana’s 23 CONs primarily regulate home health agencies, long-term care facilities and inpatient chemical dependency facilities. Mont. Code § 50-5-301(2)(b)(ii). Under Montana’s CON application process, whenever an applicant submits a proposed application, direct competitors are invited to submit competing applications for the same facility or service. Mont. Code § 50-5-302(5), (12).
As of May 15, 2020, Montana had not suspended any CON requirements in response to COVID-19.
In Montana, the CON application process takes at least six months. See Department of Public Health and Human Services(DPHHS), How Does The Process Work? Applications can be submitted at any time. The fee for a CON application is $500 or 0.3% of the project’s capital expenditure, whichever is greater. Mont. Code § 50-5-310(2). Competitors can intervene in the application process by submitting a competing letter of intent and application, requesting a public hearing or requesting a “contested case hearing” after DPHHS renders its decision. Mont. Code §§ 50-5-302(5), (11), (12), 50-5-306(1). They can also offer evidence or argument during the hearing as to why an application should be denied. Mont. Code § 50-5-306(1); Mont. Admin. R. 37.106.115.