Amendments to house Bill No. 149

2nd Reading/2nd House Copy

 

Requested by Ed Stafman

For the (H) Committee of the Whole

 

Prepared by Sue O'Connell

04/13/2021, 06:22:52

 

1. Title, line 7.

Following: "33-1-102"

Insert: ","

Strike: "AND"

 

2. Title, line 8.

Following: "33-1-201,"

Insert: "AND 33-1-311,"

 

3. Page 1, line 27.

Following: "request;"

Strike: "and"

 

4. Page 1.

Following: line 27

Insert: "(e)  that applies at least 80% of the gifts or other payments made by members to payment for the eligible medical expenses submitted by members;

   (f)  that does not require arbitration as a condition of participation; and"

Renumber: subsequent subsections

 

5. Page 2, line 1.

Strike: "(1)(e)"

Insert: "(1)(g)"

 

6. Page 2.

Following: line 17

Insert: "(3) (a) Each entity that represents itself as a health care sharing ministry shall file annual statements, including supporting documentation, with the commissioner of insurance provided for in 2-15-1903 no later than September 30 of each year to verify that the entity meets the requirements of subsections (1)(e) and (1)(f). The commissioner shall examine the material to determine whether the entity meets the requirements.

   (b)  An entity that fails to file the statement and supporting documentation or that does not meet the requirements of subsections (1)(e) and (1)(f) is considered an insurer as defined in 33-1-201 and is subject to regulation under Title 33.""

 

7. Page 5.

Following: line 28

Insert: "Section 4. Section 33-1-311, MCA, is amended to read:

"33-1-311. General powers and duties. (1) The commissioner shall enforce the applicable provisions of the laws of this state and shall execute the duties imposed on the commissioner by the laws of this state.

(2) The commissioner has the powers and authority expressly conferred upon the commissioner by or reasonably implied from the provisions of the laws of this state.

(3) Except as otherwise provided in 33-39-101, the commissioner shall administer the department to ensure that the interests of insurance consumers are protected.

(4) (a)The commissioner may conduct examinations and investigations of insurance matters, in addition to examinations and investigations expressly authorized, as the commissioner considers proper, to determine whether any person has violated any provision of the laws of this state or to secure information useful in the lawful administration of any provision. The cost of additional examinations and investigations must be borne by the state.

(b) The commissioner shall examine the filings submitted by health care sharing ministries pursuant to [section 1] to determine whether the entities are subject to regulation under this title. The commissioner may request the filings from an entity that has not filed with the commissioner if the commissioner receives an inquiry related to the entity.

(5) The commissioner shall maintain as confidential any information or document received from:

(a) the national association of insurance commissioners; or

(b) another state agency, an insurance department from another state, a federal agency, the interstate insurance product regulation commission, or a foreign government that treats the same information or document as confidential. The commissioner may provide information or documents, including information or documents that are confidential, to another state agency, the national association of insurance commissioners, a state or federal law enforcement agency, a federal agency, the interstate insurance product regulation commission, a foreign government, or an insurance department in another state if the recipient agrees to maintain the confidentiality of the information or documents.

(6) The department is a criminal justice agency as defined in 44-5-103.""

Renumber: subsequent sections