Session Summary

2025 Montana Legislative Session Summary

By Kevin Bartsch, MSGIA Assistant Director Workers’ Compensation Pool Operations

 

At the time of this writing, the 69th session of the Montana Legislature is more than two-thirds complete. While MTSBA staff have continued to provide regular updates on education-related legislation, we have paid particular attention to bills directly affecting Workers’ Compensation. As is typical for a legislative session, several bills have been introduced—some have passed, some have failed, and others are still progressing through the legislative process.

 

Below is a summary of key bills we have tracked that are either likely to pass or are still under active consideration:

  • HB143 – Adds Physician Assistants to the list of treating physicians under Workers’ Compensation. This bill is expected to pass and be signed into law.
  • HB197 – Clarifies when disability benefits terminate for a worker who is fully released but does not return to work. This bill responds to a recent court ruling. It has been signed and will become law.
  • HB367 – Clarifies that simply being in a company vehicle—whether through direct provision, expense reimbursement, or stipend—does not automatically place a worker within the course and scope of employment. Additional context and factors must be considered. This bill helps clarify the law in light of existing ambiguities.
  • HB428 – An administrative cleanup bill sponsored by the Department of Labor, this bill modifies reporting requirements and other administrative procedures. It appears likely to pass.
  • HB516 – Transfers oversight and management of the Workers’ Compensation Court from the Department of Labor to the Judicial Branch. The bill is progressing well and looks poised for passage.
  • SB109 – Expands the definition of “treating physician” to include Physical Therapists. This bill is awaiting the Governor’s signature and is expected to be signed into law.
  • SB338 – Provides statutory authority for the Workers’ Compensation Court to appoint a Guardian Ad Litem, addressing a recent court ruling that questioned the Court’s jurisdiction in this area. Previous Judges had exercised this authority without issue. This bill is expected to pass.
  • SB345 – A bill brought primarily by the Montana Self-Insurers Association. It addresses evidentiary standards and issues related to Independent Medical Exams (IMEs) and Functional Capacity Evaluations (FCEs). This bill remains contentious, and depending on perspective, could go either way.
  • SB394 – Allows PTSD coverage for First Responders even in the absence of a physical injury. This bill represents a significant departure from Montana’s long-standing requirement that mental health coverage stem from a physical injury caused by a specific event. The Senate has passed it, and it is now being considered in the House. Its outcome remains uncertain.

 

Notable Bills That Did Not Advance:

  • HB500 – Would have allowed certified Chiropractors to prescribe specific medications. This bill failed on third reading in the House.
  • HB552 – Similar in scope to SB394, this bill also proposed PTSD coverage for First Responders without a physical injury. It was tabled in committee.
  • HB727 – Addressed “competitive market” practices involving the Insurance Commissioner’s office. This bill failed in committee.
  • HB805 – Proposed to bar aliens who are unlawfully employed from receiving Workers’ Compensation benefits. This bill was tabled.
  • SB291 – Would have required the Department of Labor to annually update state lodging rates, rather than doing so only when significant changes occur. This bill was tabled in committee.
  • SB293 – Would have required insurers to disclose policy limits prior to litigation. It was tabled during the legislative process.
  • SB295 – Proposed allowing injured workers to exclusively choose their treating provider beyond the initial selection. It would have restricted insurers’ ability to transfer care in certain situations. This bill failed in committee.
  • SB308 – Sought to eliminate the cap on Workers’ Compensation benefit rates tied to the state’s average weekly wage. Under current law, this rate adjusts annually based on the state’s average. The bill was tabled in the Finance and Claims Committee.

 

This summary outlines the major Workers’ Compensation-related bills from the current legislative session. By the time this article reaches publication, many of these bills will likely have reached a final decision. For those who wish to stay current, the Montana Legislature’s website provides real-time updates on all pending and passed legislation, including those covered here.

 

Whatever the final outcomes, hopefully the process goes, and whatever bills pass will ultimately improve the Workers’ Compensation System for Montanans. Return to newsletter