Montana Code 40-5-818. Nonexclusion — nondiscrimination by health benefit plan
40-5-818. Nonexclusion — nondiscrimination by health benefit plan. A health benefit plan may not deny or limit enrollment of an obligated parent’s child or discriminate against a child because:
Terms Used In Montana Code 40-5-818
- Dependent: A person dependent for support upon another.
- 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 child is not claimed as a dependent on the obligated parent’s state or federal income tax return or considered as a dependent for tax purposes;
(2)the child was born out of wedlock;
(3)the child does not reside with the obligated parent;
(4)the child does not reside in the health plan’s service area. A plan that provides medical care at particular locations or geographic areas shall also provide comparable benefits for a child whose residence or location is elsewhere.
(5)the natural child of the obligated parent has a preexisting condition, unless the plan does not provide for enrollment or provides only for limited enrollment of children with preexisting conditions.