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Section 40-5-818 – Nonexclusion – nondiscrimination by health benefit plan

May 13, 2021 | Family Law, Montana

A health benefit plan may not deny or limit enrollment of an obligated parent’s child or discriminate against a child because:

(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.

ยง 40-5-818, MCA

En. Sec. 18, Ch. 504, L. 1995.