33-31-313. Premium increase restriction — exception. (1) A health maintenance organization may not increase a premium for an individual’s or an individual’s group health care services agreement more frequently than once during a 12-month period unless failure to increase the premium more frequently than once during the 12-month period would:

Terms Used In Montana Code 33-31-313

  • Health care services: means :

    (a)the services included in furnishing medical or dental care to a person;

    (b)the services included in hospitalizing a person;

    (c)the services incident to furnishing medical or dental care or hospitalization; or

    (d)the services included in furnishing to a person other services for the purpose of preventing, alleviating, curing, or healing illness, injury, or physical disability. See Montana Code 33-31-102

  • 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

(a)place the health maintenance organization in violation of the laws of this state; or

(b)cause the financial impairment of the health maintenance organization to the extent that further transaction of insurance by the health maintenance organization would injure or be hazardous to its enrollees or to the public.

(2)Subsection (1) does not apply to a premium increase necessitated by a state or federal law, by a court decision, by a state rule, or by a federal regulation.