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Bill

HB 397

Revise laws related to privacy in mental health digital service

2025 Regular Session Introduced by Katie Sullivan

Montana law now requires digital mental health service providers to implement enhanced privacy protections for patient data shared through online platforms and applications.

Chapter Number Assigned
#privacy #healthcareservices
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Bill Summary · HB 397

Legislative bill overview

HB 397 revises Montana's existing privacy laws to address how mental health information is handled when delivered through digital services and platforms. The bill establishes new requirements for how providers, platforms, and third parties must protect patient mental health data in online environments. It has already passed both chambers and been signed by the Governor as of May 1, 2025.

Why is this important

Mental health data is among the most sensitive personal information, and digital delivery of mental health services has expanded significantly. Without specific digital privacy protections, patient information could be vulnerable to breaches, unauthorized sharing with advertisers, or misuse by tech platforms. This bill directly addresses gaps between traditional mental health privacy rules (like HIPAA) and the newer ecosystem of digital mental health apps and telehealth services.

Potential points of contention

  • Scope and definition ambiguity: The bill may not clearly define what qualifies as a "mental health digital service," potentially creating disputes about which platforms must comply with new requirements
  • Compliance burden on smaller providers: Digital mental health startups and smaller telehealth platforms may face significant costs implementing new privacy safeguards compared to larger established healthcare systems
  • Balance between innovation and protection: Strict privacy requirements could slow development of new digital mental health tools or limit data analytics that could improve treatment outcomes

Compiled from official sources — confirm details with the bill’s official record.

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