33-22-2103. (Effective January 1, 2024) Coverage of fertility preservation services. (1) Each individual and group disability policy, certificate of insurance, and membership contract that is delivered, issued for delivery, renewed, extended, or modified in this state that provides coverage for hospital, medical, or surgical services must cover medically necessary costs for standard fertility preservation services when an insured member is diagnosed with cancer and the standard of care involves medical treatment that may directly or indirectly cause iatrogenic infertility.

Terms Used In Montana Code 33-22-2103

  • Contract: A legal written agreement that becomes binding when signed.
  • Iatrogenic infertility: means an impairment of fertility caused directly or indirectly by surgery, chemotherapy, radiation, or other medical treatment. See Montana Code 33-22-2102
  • Standard fertility preservation services: means procedures consistent with established medical practices and professional guidelines published by a national association for practitioners of reproductive medicine or clinical oncology. See Montana Code 33-22-2102
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(2)Coverage under this section may be subject to deductibles, coinsurance, and copayment provisions. Special deductible, coinsurance, copayment, or other limitations that are not generally applicable to other hospital, medical, or surgical services covered under the plan may not be imposed on coverage for fertility preservation services.

(3)This section does not apply to disability income, hospital indemnity, accident-only, vision, dental, or long-term care policies.