33-1-102. Compliance required — exceptions — health service corporations — health maintenance organizations — governmental insurance programs — service contracts. (1) A person may not transact a business of insurance in Montana or a business relative to a subject resident, located, or to be performed in Montana without complying with the applicable provisions of this code.

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(2)The provisions of this code do not apply with respect to:

(a)domestic farm mutual insurers as identified in chapter 4, except as stated in chapter 4;

(b)domestic benevolent associations as identified in chapter 6, except as stated in chapter 6; and

(c)fraternal benefit societies, except as stated in chapter 7.

(3)This code applies to health service corporations as prescribed in 33-30-102. The existence of the corporations is governed by Title 35, chapter 2, and related sections of the Montana Code Annotated.

(4)This code does not apply to health maintenance organizations to the extent that the existence and operations of those organizations are governed by chapter 31.

(5)This code does not apply to workers’ compensation insurance programs provided for in Title 39, chapter 71, part 21, and related sections.

(6)The department of public health and human services may limit the amount, scope, and duration of services for programs established under Title 53 that are provided under contract by entities subject to this title. The department of public health and human services may establish more restrictive eligibility requirements and fewer services than may be required by this title.

(7)This code does not apply to the state employee group insurance program established in Title 2, chapter 18, part 8, or the Montana university system group benefits plans established in Title 20, chapter 25, part 13.

(8)This code does not apply to insurance funded through the state self-insurance reserve fund provided for in 2-9-202.

(9)(a) Except as otherwise provided in Title 33, chapters 22 and 28, this code does not apply to any arrangement, plan, or interlocal agreement between political subdivisions of this state in which the political subdivisions undertake to separately or jointly indemnify one another by way of a pooling, joint retention, deductible, or self-insurance plan.

(b)Except as otherwise provided in Title 33, chapter 22, this code does not apply to any arrangement, plan, or interlocal agreement between political subdivisions of this state or any arrangement, plan, or program of a single political subdivision of this state in which the political subdivision provides to its officers, elected officials, or employees disability insurance or life insurance through a self-funded program.

(10)This code does not apply to the marketing of, sale of, offering for sale of, issuance of, making of, proposal to make, and administration of a service contract governed by Title 30, chapter 14, part 13.

(11)(a) Subject to 33-18-201 and 33-18-242, this code does not apply to insurance for ambulance services sold by a county, city, or town or to insurance sold by a third party if the county, city, or town is liable for the financial risk under the contract with the third party as provided in 7-34-103.

(b)If the financial risk for ambulance service insurance is with an entity other than the county, city, or town, the entity is subject to the provisions of this code.

(12)This code does not apply to the self-insured student health plan established in Title 20, chapter 25, part 14.

(13)Except as provided in 33-2-2212, this code does not apply to private air ambulance services that are in compliance with 50-6-320 and that solicit membership subscriptions, accept membership applications, charge membership fees, and provide air ambulance services to subscription members and designated members of their households.

(14)This code does not apply to guaranteed asset protection waivers that are governed by Title 30, chapter 14, part 22, or to vehicle theft protection products or vehicle theft protection product warranties that are governed by Title 30, chapter 14, part 13.

(15)This code does not apply to direct patient care agreements established pursuant to 50-4-107.

(16)This code does not apply to a health care sharing ministry that meets the requirements of 50-4-111.

(17)This code does not apply to a regulatory sandbox waiver, except as otherwise specified by the commissioner or as provided in 33-2-2501. (Subsection (17) terminates July 30, 2029–sec. 5, Ch. 546, L. 2023.)