33-31-304. Dual choice. An employer in this state that offers its employees the option to enroll in a health maintenance organization and an employee benefit fund in this state that offers its members the option to enroll in a health maintenance organization may not be required to pay more for health benefits provided by the health maintenance organization than it would otherwise be required to provide by any prevailing collective bargaining agreement or other contract for the provision of health benefits to its employees, if the employer or benefits fund pays to the health maintenance organization chosen by each employee or member an amount equal to the lesser of:

Terms Used In Montana Code 33-31-304

  • Commissioner: means the commissioner of insurance of the state of Montana. See Montana Code 33-31-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Health maintenance organization: means a person who provides or arranges for basic health care services to enrollees on a prepaid basis, either directly through provider employees or through contractual or other arrangements with a provider or a group of providers. See Montana Code 33-31-102
  • 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

(1)the amount paid on behalf of its other employees or members of health benefits; or

(2)the health maintenance organization’s charge for coverage approved by the commissioner pursuant to 33-31-301.