Montana Code 33-38-103. Unlawful acts by medical care discount card suppliers or enrollers
33-38-103. Unlawful acts by medical care discount card suppliers or enrollers. (1) A medical care discount card supplier or an enroller that markets, promotes, advertises, or distributes a medical care discount card in Montana:
Terms Used In Montana Code 33-38-103
- Contract: A legal written agreement that becomes binding when signed.
- Enroller: means a person who:
(a)solicits the purchase or renewal of a medical care discount card through that person;
(b)transmits, for consideration, from a supplier to another person or from another person to a supplier a contract or application for a medical care discount card or the renewal of a medical care discount card; or
(c)acts or aids in another manner in the delivery or negotiation of a medical care discount card or the renewal or continuance of a medical care discount card. See Montana Code 33-38-102
- Health care provider: means :
(a)an individual licensed by the department of labor and industry to practice or who holds a temporary permit to practice a branch of the healing arts;
(b)a professional corporation organized pursuant to Title 35, chapter 4, by one or more individuals described in subsection (3)(a);
(c)a Montana limited liability company organized pursuant to Title 35, chapter 8, for the purpose of rendering professional services by individuals described in subsection (3)(a);
(d)a partnership of individuals described in subsection (3)(a);
(e)a Montana nonprofit corporation organized pursuant to Title 35, chapter 2, for the purpose of rendering professional health care services by one or more individuals described in subsection (3)(a); or
(f)a health care facility as defined in 50-5-101. See Montana Code 33-38-102
- Medical care discount card: means a paper or plastic device or other mechanism, arrangement, account, or other device that does not constitute insurance, as defined in 33-1-201, that purports to grant, for consideration, a discount or access to a discount in a medical care-related purchase from a health care provider. See Montana Code 33-38-102
- Medical care discount card supplier: means a person engaged in selling or furnishing, either as principal or agent, for consideration, one or more medical care discount cards to another person or persons. See Montana Code 33-38-102
- Service area: means the area within a 60-mile radius of the home or place of business of a medical care discount card user or pharmacy discount card user. See Montana Code 33-38-102
- 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
- Writing: includes printing. See Montana Code 1-1-203
(a)may not make misleading, deceptive, or fraudulent representations regarding:
(i)the discount or range of discounts offered by a medical care discount card;
(ii)the access to any range of discounts offered by a medical care discount card; or
(iii)another medical care service provided in connection with a medical care discount card;
(b)may not use terms or phrases commonly associated with insurance products that could lead a prospective purchaser or user of a medical care discount card to believe that the card being offered is composed of one or more insurance products or is a substitute for insurance, despite disclaimers to the contrary by the medical care discount card supplier or enroller;
(c)shall provide to a prospective purchaser or user, before purchase, access to a list of health care providers, including the name, city, state, and provider type and, optionally, the address and telephone number of each health care provider in the prospective purchaser’s or user’s service area; and
(d)shall make continuously available to each medical care discount card user, through a toll-free telephone number, the internet, and in writing upon request, the name, address, telephone number, and provider type of all health care providers in the user’s service area who are bound by contract to provide services in accordance with the terms and conditions applicable to the card.
(2)A medical care discount card supplier that markets, promotes, advertises, or distributes a medical care discount card in Montana shall:
(a)state, on all advertisements for medical care discount cards, in bold and prominent type of at least 14 points in size, and on all cards themselves in clear and conspicuous type, that the card is not insurance;
(b)designate and provide the commissioner with the name, address, and telephone number of a medical care discount card compliance officer responsible for ensuring compliance with the provisions of this part applicable to medical care discount cards and medical care discount card suppliers and enrollers; and
(c)ensure that if the medical care discount card supplier claims that a specific health care provider offers a discount in conjunction with the medical care discount card, that specific health care provider is contractually bound to provide that discount to the purchaser or user.