Montana Code 33-36-401. Enforcement
33-36-401. Enforcement. (1) If the commissioner determines that a health carrier has not complied with this chapter or the rules implementing this chapter, the commissioner may recommend corrective action to the health carrier.
Terms Used In Montana Code 33-36-401
- Health carrier: means an entity subject to the insurance laws and rules of this state that contracts, offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services, including a disability insurer, health maintenance organization, or health service corporation or another entity providing a health benefit plan. See Montana Code 33-36-103
(2)The commissioner may take an enforcement action provided in subsection (3) if:
(a)a health carrier fails to implement corrective action recommended by the commissioner;
(b)corrective action taken by a health carrier does not result in bringing a health carrier into compliance with this chapter and the rules implementing this chapter within a reasonable period of time;
(c)a health carrier does not comply with this chapter or the rules implementing this chapter; or
(d)the commissioner determines that a health carrier has violated or is violating this chapter or the rules implementing this chapter.
(3)The commissioner may take any of the following enforcement actions to require a health carrier to comply with this chapter or the rules implementing this chapter:
(a)suspend or revoke the health carrier’s certificate of authority or deny the health carrier’s application for a certificate of authority; or
(b)use any of the commissioner’s other enforcement powers provided in Title 33, chapter 1, part 3.