Montana medical nondisclosure bill awaits governor’s signature

A bill in Montana that would eliminate workers compensation for employees who knowingly fail to disclose medical conditions pertinent to their job requirements on pre-employment questionnaires awaits the governor’s signature, after passing the state’s House on Friday.

Senate Bill 116, introduced by state Sen. Mark Blasdel, R-Kalispell, and passed by the Senate in March, would bar all wage-loss or medical benefits if all these conditions are met: “the employee knowingly or willingly, by omission or commission, makes a false representation regarding the employee's physical condition that is relevant to the essential functions of the job; the employer relies on the false representation and that reliance is a contributing factor in the hiring of the employee; and there is a causal connection between the falsely represented condition and the injury or occupational disease for which wage-loss or medical benefits are claimed,” according to a recent draft. 

The bill, which would go into effect July 1, will be sent to Gov. Steve Bullock this week and he will have 10 days to act, according to a spokeswoman in the governor’s office.