Employers have no obligation under Montana law to offer long-term care insurance to their employees. However, if long-term care insurance is among the benefits offered, certain state law requirements under Montana's Long-Term Care Insurance Act limit how the plan may be designed. Group long-term insurance policies in Montana may cover former employees as well as employees (MT Code Sec. 33-22-1107).
A “preexisting condition” means a condition for which medical advice or treatment was recommended by or received from a provider of healthcare services within six months preceding the effective date of coverage of an insured person (MT Code Sec. 33-22-1107). A long-term care insurance policy may not exclude coverage for a loss or confinement that is the result of a preexisting condition unless the loss or confinement begins within six months following the effective date of coverage of an insured person (MT Code Sec. 33-22-1108).
If a long-term care insurance policy with similar benefits replaces another long-term care insurance policy, the insurer issuing the replacement policy or certificate must waive any preexisting condition time periods or probationary periods in the new policy to the extent that similar time periods have been satisfied under the original policy.
In addition to the limited exclusion for preexisting conditions, long-term care insurance policies in Montana may exclude coverage of the following:
• Mental or nervous disorders, except those that are a result of a demonstrable organic disease or physical injury (Alzheimer’s cannot be excluded);
• Alcoholism or drug addiction;
• Injury or illness as a result of war or service in the ...