§ 33-18-247 — Unfair Discrimination Prohibited -- Anatomical Gifts, Organ Transplants, And Related Treatment

Montana § 33-18-247

• Jurisdiction: Montana
• Title 33: INSURANCE AND INSURANCE COMPANIES
• Ch. 18: UNFAIR TRADE PRACTICES
• Part 2: Insurer's Relations With Insured and Claimant

Text

33-18-247 . Unfair discrimination prohibited -- anatomical gifts, organ transplants, and related treatment. (1) An insurer that provides coverage for anatomical gifts, organ transplants, or related treatment and services may not:
(a) deny coverage under an insurance policy to a covered person solely on the basis of the person's disability;
(b) deny to a patient eligibility, or continued eligibility, to enroll or to renew coverage under an insurance policy, solely for the purpose of avoiding the requirements of this section;
(c) penalize or otherwise reduce or limit the reimbursement of an attending provider or provide monetary or nonmonetary incentives to an attending provider to induce the provider to provide care to an insured or enrollee in a manner inconsistent with this section; or
(d) reduce or limit coverage benefits to a patient for the medical services or other services related to organ transplantation performed pursuant to this section as determined in consultation with the attending physician and patient.
(2) In the case of an insurance policy maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers, any plan amendment made pursuant to a collective bargaining agreement that amends the plan solely to conform to a requirement imposed pursuant to this section may not be treated as a termination of the collective bargaining agreement.
(3) Nothing in this section may be construed to require a health insurance issuer to provide coverage for a medically inappropriate organ transplant.

Legislative History

En. Sec. 5, Ch. 487, L. 2021.