33-31-203. Powers of insurers and health service corporations. (1) An insurer authorized to transact insurance in this state or a health service corporation authorized to do business in this state may, either directly or through a subsidiary or affiliate, organize and operate a health maintenance organization under the provisions of this chapter. Notwithstanding any other law which may be inconsistent with this section, two or more insurers, health service corporations, or subsidiaries or affiliates thereof may jointly organize and operate a health maintenance organization. The business of insurance is considered to include the provision of health care services by a health maintenance organization owned or operated by an insurer or a subsidiary thereof.
(2) Notwithstanding any insurance or health service corporation laws, an insurer or a health service corporation may contract with a health maintenance organization to provide insurance or similar protection against the cost of care provided through a health maintenance organization and to provide coverage if the health maintenance organization fails to meet its obligations.
(3) The enrollees of a health maintenance organization constitute a permissible group under this title. The insurer or health service corporation may make benefit payments to health maintenance organizations for health care services rendered by providers under the contracts described in subsection (2).
(4) Nothing in this section exempts a health maintenance organization that provides health care services from complying with the applicable certificate of need requirements under Title 50, chapter 5, parts 1 and 3.
History: En. Sec. 16, Ch. 457, L. 1987.
Structure Montana Code Annotated
Title 33. Insurance and Insurance Companies
Chapter 31. Health Maintenance Organizations
Part 2. Authorization of Health Maintenance Organizations
33-31-201. Establishment of health maintenance organizations
33-31-202. Issuance of certificate of authority
33-31-203. Powers of insurers and health service corporations
33-31-204. Acquisition, control, or merger of a health maintenance organization
33-31-205. through 33-31-210 reserved
33-31-211. Annual statements -- revocation for failure to file -- penalty for false swearing
33-31-213. and 33-31-214 reserved
33-31-215. Investment regulations
33-31-216. Protection against insolvency
33-31-217. through 33-31-220 reserved