Montana § 33-1-802 Gag Clauses And Other Action Affecting Medical Communications Prohibited -- Exceptions

Montana Statutes

§ 33-1-802 — Gag Clauses And Other Action Affecting Medical Communications Prohibited -- Exceptions

Montana § 33-1-802

Title 33INSURANCE AND INSURANCE COMPANIES

Ch. 1ADMINISTRATION AND GENERAL PROVISIONS

Part 8Interference With Medical Communications

This text of Montana § 33-1-802 (Gag Clauses And Other Action Affecting Medical Communications Prohibited -- Exceptions) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 33-1-802 (2026).

Text

33-1-802 . Gag clauses and other action affecting medical communications prohibited -- exceptions.

(1)A health carrier or managed care organization may not by an oral or written contract, by an oral or written direction or requirement, or by a financial inducement or penalty prohibit a provider from making or interfere with a provider making a medical communication to an enrollee. A contract, direction, requirement, or financial inducement or penalty violating this subsection is void.

(2)Subsection (1) does not apply to:

(a)an oral or written contract, direction, requirement, or financial inducement or penalty prohibiting a provider from disclosing a trade secret, as defined in 30-14-402 , to the same extent as other employees or contractors of the health carrier or managed care organiz

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33-1-802 . Gag clauses and other action affecting medical communications prohibited -- exceptions. (1) A health carrier or managed care organization may not by an oral or written contract, by an oral or written direction or requirement, or by a financial inducement or penalty prohibit a provider from making or interfere with a provider making a medical communication to an enrollee. A contract, direction, requirement, or financial inducement or penalty violating this subsection is void.
(2) Subsection (1) does not apply to:
(a) an oral or written contract, direction, requirement, or financial inducement or penalty prohibiting a provider from disclosing a trade secret, as defined in 30-14-402 , to the same extent as other employees or contractors of the health carrier or managed care organization are prohibited from disclosing the trade secret;
(b) an oral or written contract, direction, requirement, or financial inducement or penalty prohibiting a health care provider from referring an enrollee to another health plan or managed care organization in which the provider making the referral has a direct financial interest; and
(c) the terms of an oral or written contract mutually agreed upon by a health carrier or managed care organization and a provider requiring the provider to participate in and cooperate with all programs, policies, and procedures implemented by the health carrier or managed care organization to ensure, review, or improve the quality of health care.