33-22-246. Preexisting conditions relating to individual market. (1) Except as provided in subsection (2), a health insurance issuer offering individual health insurance coverage may not exclude coverage for a preexisting condition unless:
(a) medical advice, diagnosis, care, or treatment was recommended to or received by the participant or beneficiary within the 3 years preceding the effective date of coverage; and
(b) coverage for the condition is excluded for not more than 12 months.
(2) A health insurance issuer offering health insurance coverage may not impose a preexisting condition exclusion on a federally defined eligible individual because of a preexisting condition.
History: En. Sec. 37, Ch. 416, L. 1997.
Structure Montana Code Annotated
Title 33. Insurance and Insurance Companies
Chapter 22. Disability Insurance
Part 2. Individual Policy Requirements
33-22-202. Required provisions -- captions -- omissions -- substitutions -- order
33-22-203. Requirement of other jurisdictions -- statutes -- violation
33-22-204. Entire contract -- changes
33-22-205. Time limit on certain defenses
33-22-211. Time of payment of claims
33-22-213. Physical examination and autopsy
33-22-215. Change of beneficiary
33-22-217. through 33-22-220 reserved
33-22-221. Optional policy provisions -- substitutes
33-22-222. Change of occupation
33-22-223. Misstatement of age
33-22-224. Other insurance in this insurer
33-22-225. Insurance with other insurers -- provision of service or expense incurred basis
33-22-226. Insurance with other insurers -- other benefits
33-22-227. Relation of earnings to insurance
33-22-229. Conformity with state statutes
33-22-232. Renewal at option of insurer
33-22-233. through 33-22-240 reserved
33-22-242. Waiver of preexisting condition exclusion -- exclusion prohibited
33-22-243. Premium increases to be distributed proportionately
33-22-244. Disclosure standards -- individual policy
33-22-246. Preexisting conditions relating to individual market
33-22-247. Guaranteed renewability of individual health insurance coverage