House Bill 702 ("HB 702") was passed by the 2021 Montana Legislature and became effective when signed by Governor Gianforte on May 7, 2021. The law prohibits discrimination based on vaccination status or possession of an immunity passport by a person, governmental entity, employer, or public accommodation. An "immunity passport" means a document, digital record, or software application indicating that a person is immune to a disease, either through vaccination or infection and recovery.
The law prohibits an employer from refusing employment, barring a person from employment, or discriminating in any term, condition, or privilege of employment based on vaccination status or whether the person has an immunity passport but law also provides special provisions for health care facilities.
Importantly, Section 2 of HB 702 exempts licensed nursing homes, long-term care facilities, and assisted living facilities from this nondiscrimination framework when compliance with the law would "result in a violation of regulations or guidance issued by the Centers for Medicare and Medicaid Services (CMS) or the Centers for Disease Control and Prevention."