Montana insurance laws
What Montana has enacted on insurance, what each law requires, and what the bills still moving would do. Montana is one of 51 states that enacted an insurance law in the 2025 and 2026 sessions.
- Bills in scope
- 155bills in scope
- Past committee
- 36past committee
- Most recent action
- 14 July 2025most recent action
Insurance laws enacted in Montana
29 insurance laws enacted in the Montana Legislature in the 2025 and 2026 sessions, newest first. Each links to the legislature's own page.
What it requires: The Montana Supreme Court shall supervise the workers' compensation court and workers' compensation judge, pay their salaries and expenses from the workers' compensation court fund, and administer the court. By July 15 of each fiscal year, the Department of Labor and Industry shall transfer $500,000 from the workers' compensation administration fund to the workers' compensation court fund.
Workers' compensation, surety and specialty lines
What it requires: Health carriers must establish and maintain five types of application programming interfaces for insureds and contracted providers by the earliest date required by the Centers for Medicare and Medicaid Services. Health care providers requesting medical laboratory tests may not engage in information blocking. Certain test results must be disclosed to patients within 72 hours or when the provider directs release, whichever is first.
What it requires: Group and individual insurance policies, state employee group benefit plans, Montana university system group benefits plans, Medicaid, and Healthy Montana Kids must provide coverage for detransition treatment under equivalent cost-sharing policies if they cover gender transition treatment. Persons may bring tort actions for injuries from gender transition treatment received as minors within 25 years of reaching age 18 or 4 years from discovery of injury, whichever is later.
What it does: Adds section 33-22-1321 to the list of laws containing statutory appropriations in section 17-7-502, thereby authorizing the commissioner to spend reinsurance program assessments collected under 33-22-1313 without requiring biennial legislative appropriation.
Health coverage and plan regulation, Licensing, solvency and market conduct
What it requires: Operators of experimental treatment centers must obtain a license from the department, pay a $10,000 application fee and $5,000 annual renewal fee, and allocate 2% of net annual profits to support experimental treatment access for qualifying Montana residents or contribute to an insurance premium support account. Health care providers may recommend experimental treatments to patients meeting eligibility requirements.
Health coverage and plan regulation
What it requires: Health insurance issuers and utilization review organizations must extend prior authorization certifications to at least 12 months from receipt. For chronic conditions, certifications must remain valid for the condition's duration without requiring recertification, though documentation of the condition's presence may be required annually. Health insurance issuers must prohibit prior authorization for certain prescription drugs and must have physicians make adverse determinations for prescription drugs.
Health coverage and plan regulation
What it requires: Only physicians licensed in Montana may make adverse determinations or review grievances for utilization review organizations. Physicians making adverse determinations must have specialty focus on the condition reviewed. Physicians reviewing grievances must have the same specialty as providers treating the condition, possess experience treating it, and cannot have been involved in the original determination or have financial interest in the outcome. Health insurance issuers cannot perform prior authorization on certain prescription drugs after six months continuous use, on therapeutic duplication grounds after prior approval, on dosage adjustments within FDA approval, on substance use disorder medications at FDA dosages, or on long-acting injectable antipsychotics.
Health coverage and plan regulation
What it requires: Dental insurers must file annual dental loss ratio reports with the commissioner by March 1 organized by market and product type. The commissioner must make this information publicly available by January 1 in searchable format. Dental insurers with loss ratios below one standard deviation from average must rebate excess premiums to policyholders by August 1.
Health coverage and plan regulation
What it requires: Admitted insurers that use a wildfire risk score in underwriting or rating real property must provide requesters with the current wildfire risk score, the range of possible scores, the creator's name, creation date, and key adverse factors. Insurers must provide this information in writing within 15 days of request.
Property, catastrophe and climate risk
What it requires: Each captive insurance company must pay to the commissioner on or before March 1 of each year a tax on direct premiums collected at 0.4% on the first $20 million and 0.3% on each subsequent dollar, and a tax on assumed reinsurance premiums at tiered rates. A minimum annual tax of $5,000 applies unless calculated taxes exceed this amount, subject to a $100,000 annual cap for non-protected cell captive insurance companies.
Workers' compensation, surety and specialty lines, Licensing, solvency and market conduct
What it requires: Health insurance issuers and utilization review organizations must honor prior authorizations from previous insurers for at least 90 days when enrollees change plans. They must immediately approve prescriptions written at discharge for at least 3 days if medication cost does not exceed $5,000 daily. They must accept and respond to prior authorization requests electronically using secure transmission.
Health coverage and plan regulation
- SB 317Prohibit health insurers from performing prior authorization on psychiatric drugs in shortage or discontinuedEnacted 13 May 2025
What it requires: Health insurance issuers must not perform prior authorization on prescription drugs that are designated as in shortage pursuant to the quarterly shortage list published by the United States Food and Drug Administration on April 1, July 1, October 1, or January 1. Manufacturers of such drugs must not engage in predatory pricing or marketing related to shortages.
Health coverage and plan regulation
- HB 740Revise laws relating to pharmacies, pharmacy benefit managers, and other entitiesEnacted 8 May 2025
What it requires: Pharmacy benefit managers and third-party payers must not recoup funds for clerical or recordkeeping errors unless they cause actual financial harm, must not use extrapolation in calculating recoupments, must not charge interest during audits, and must not pay audit agents based on recovery percentages. They must review and update maximum allowable cost lists at least every 10 calendar days and reference pricing at least daily. They must reimburse pharmacies at least 106% of national average drug acquisition cost plus a professional dispensing fee matching Montana Medicaid rates.
Health coverage and plan regulation
What it requires: Surety bail bond insurance applicants must be at least 18 years old, hold a high school diploma or equivalent, complete a 16-hour basic training course covering constitutional law, civil liability, use of force, arrest procedures, mental health challenges, defensive tactics, bail bond ethics, and report writing. Licensees must complete 5 hours of continuing education every 2 years. Surety bail bond producers must disclose all fees or interest beyond minimum premium when executing contracts.
Workers' compensation, surety and specialty lines
What it requires: Insurance producers may not hold themselves out as financial planners or specialists without formal certifications, and must disclose to clients that they are insurance producers who will receive commissions in addition to planning fees. Insurance producers charging planning fees must provide written signed agreements specifying services, fees, and client purchase obligations before performing services.
Licensing, solvency and market conduct
- HB 544Generally revise health insurance laws relating to health utilization reviewEnacted 5 May 2025
What it requires: Health insurance issuers may not rescind prior approval for covered services after they are provided, except in cases of fraud, misrepresentation, nonpayment of premium, exhaustion of benefits, loss of coverage, or if the service provided differs from the approved service. Entities performing utilization review must approve or deny prior authorization requests for biologic therapies prescribed to minors under 18 within timeframes set forth in the chapter.
Health coverage and plan regulation
- HB 464Revise insurance laws relating to interest of a named insured and change of interest by transfer on deathEnacted 5 May 2025
What it requires: Insurance coverage on real property transferred by transfer on death deed must be extended to cover losses to the designated beneficiary as if they were the named insured. The beneficiary's temporary coverage terminates at the earlier of 45 days after the owner's death, the policy expiration date, or placement of the beneficiary's replacement policy.
Licensing, solvency and market conduct
What it requires: Insurers must file summary reports with the department by January 15 of each year showing benefits paid, medical expenditures, and miscellaneous amounts for the previous calendar year. Treating physicians must complete medical status forms following every office visit with the worker.
Workers' compensation, surety and specialty lines
- HB 398Generally revise insurance laws related to prior authorization of chronic conditionsEnacted 5 May 2025
What it requires: Health insurance issuers and utilization review organizations must ensure only physicians make adverse determinations and review grievances, with physicians possessing current unrestricted licenses in relevant specialties under medical director oversight. Certifications for health care services must be honored for at least 3 months when covered persons change health plans and for 12 months for chronic condition treatments.
Health coverage and plan regulation
What it requires: Insurers must not deny workers' compensation coverage based solely on whether an employer furnishes transportation or the employee receives reimbursement for travel costs. An employee traveling is covered only if the employer furnishes transportation or reimburses travel costs as part of employment benefits and the travel is necessitated by the employer, or if travel is required as part of job duties.
Workers' compensation, surety and specialty lines
- SB 338Revise workers' compensation insurance related to who may receive paymentsEnacted 17 April 2025
What it requires: Employers, insurers, and the department must make workers' compensation payments due to children under 18 or adjudged incompetent persons to the parent, appointed guardian, appointed conservator, or appointed benefits administrator. The workers' compensation judge may appoint a benefits administrator upon petition by a claimant, insurer, or the uninsured employers' fund.
Workers' compensation, surety and specialty lines
- SB 361Revise laws relating to health insurance claims submitted to the department of public health and human insurancesEnacted 17 April 2025
What it requires: A health insurance issuer, multiple employer welfare arrangement, third-party administrator, health maintenance organization, pharmacy benefit manager, health services corporation, or other party legally responsible for payment of a health care claim must not deny a claim submitted by the department of public health and human services solely on the basis of submission date, claim form type or format, failure to obtain prior authorization, or failure to present proper documentation if the claim is submitted within 3 years of service provision.
Health coverage and plan regulation
- HB 143Revise definition of treating physician to include physician assistants without regard to proximity of other providersEnacted 17 April 2025
What it requires: Physician assistants licensed under Montana Title 37, chapter 20, may serve as treating physicians and impairment evaluators without regard to proximity of other providers, if no treating physician as defined in subsection (42)(a) is located in the area where the physician assistant is located.
Workers' compensation, surety and specialty lines
What it requires: Health insurance issuers and entities performing prior authorization on their behalf must not require prior authorization for oral or inhaled generic prescription drugs, inhaled prescription drugs for asthma or chronic obstructive pulmonary disease or chronic lung disease, insulin, long-acting injectable antipsychotics, or generic prescription drugs after 6 months continuous use. Adverse determinations must be made by physicians specializing in the relevant condition and must include a list of covered therapeutic alternatives.
Health coverage and plan regulation
- SB 109Revise workers' compensation definition of treating physician to include physical therapistsEnacted 17 April 2025
What it does: Amends Montana's workers' compensation law to add physical therapists licensed under Title 37, chapter 11 to the definition of treating physician who can deliver and coordinate medical services for compensable injuries or occupational diseases.
Workers' compensation, surety and specialty lines
- HB 197Revising workers’ compensation laws relating to when the employee is released to return to workEnacted 7 April 2025
What it requires: Insurers must terminate temporary total disability benefits on the date a worker is released to return to work in some capacity. Before converting temporary total disability or temporary partial disability benefits to permanent partial disability benefits, insurers must obtain physician determinations of medical stability, physical restrictions, and ability to return to work, and must notify the claimant with a copy of the physician's report.
Workers' compensation, surety and specialty lines
- HB 136Revise property insurance laws relating to preventative measures to reduce damageEnacted 7 April 2025
What it requires: Insurers may provide benefits or premium reductions to homeowners insurance policyholders for preventative measures reducing fire, wind, or hail damage. Insurers must disclose such benefits or reductions in writing. Such reductions do not constitute illegal rebates or midterm premium increases.
Property, catastrophe and climate risk
What it requires: Pet insurers must disclose policy exclusions, limits, waiting periods, and claim payment bases before sale. Insurance producers must complete 2 hours of training on pet insurance topics within 24 months and annually thereafter. Pet insurers cannot market wellness programs as insurance or require them for policy purchase.
Licensing, solvency and market conduct
What it does: Revises Montana state auditor laws governing securities and insurance regulation, including changes to securities registration requirements, civil liability timeframes, insurance form approval procedures, health insurance review determinations, and multiple employer welfare arrangements.
Insurance in Montana, by topic
Health coverage and plan regulation
55 bills, 12 enacted. Enacted in 47 states.
Workers' compensation, surety and specialty lines
49 bills, 9 enacted. Enacted in 45 states.
Licensing, solvency and market conduct
27 bills, 5 enacted. Enacted in 47 states.
Property, catastrophe and climate risk
10 bills, 2 enacted. Enacted in 31 states.
Auto insurance
10 bills. Enacted in 29 states.
AI and data in underwriting and claims
2 bills. Enacted in 12 states.
Insurance bills in Montana
The bills not yet law, furthest along first, with what each would do.
29Enacted
5Cleared both chambers
2Past committee
119Introduced or inactive
155 bills in scope
Cleared both chambers
5
What it would do: Prohibits health insurers in Montana from requiring insured individuals to fail or prove failure with a different drug before covering FDA-approved prescription drugs for advanced or metastatic cancer, provided the drug is consistent with national comprehensive cancer network guidelines and supported by peer-reviewed evidence.
What it would do: Requires health insurance policies, state employee group benefit plans, health maintenance organizations, and self-funded multiple employer welfare arrangements to cover optional behavioral health screenings and assessments using standardized evidence-based instruments at no out-of-pocket cost when requested by the insured, effective January 1, 2026.
What it would do: Allows first responders including firefighters, law enforcement officers, detention center employees, and emergency care providers to claim workers' compensation for posttraumatic stress disorder diagnosed according to the DSM-5 if it arises from their employment, effective July 1, 2025.
What it would do: Requires surety bail bond insurance producers to collect a minimum premium of 10% of the guaranteed amount for surety appearance bonds, collect the full premium upfront with a receipt provided, and disclose any additional fees in the contract.
What it would do: Requires health insurance coverage for diagnosis and treatment of hearing loss for all persons, not just children 18 years or younger, including hearing devices and amplification devices with accessories, limited to one per ear every 3 years or as required by an audiologist.
Past committee
2
What it would do: Requests the Legislative Council designate an interim committee to evaluate causes of Montana's rising property insurance costs, determine their impact on rates, and analyze policy strategies to stabilize the market, with results reported to the 70th Legislature by September 15, 2026.
What it would do: Requests the Legislative Council designate an interim committee to study wildfire prevention and resilience in Montana, examining wildfire impacts, land use planning, current legal frameworks, and potential solutions, with final results reported to the 70th Legislature by September 15, 2026.
Introduced or inactive
18 of 119 shown
What it would do: Eliminates deference to treating physician opinions in workers' compensation cases and requires medical testimony be weighed on education, training, experience, expertise, extent of treatment interactions, and credibility. Limits discovery about independent medical examiners to training, background, exam volume, and insurer payments.
What it would do: Prohibits insurers from requiring claimants to use specific body repair shops and from disregarding original equipment manufacturer repair instructions or safety inspections. Requires insurers with direct repair programs to provide claimants lists of all qualified nearby shops willing to participate.
What it would do: Increases notice periods from 45 to 90 days for insurance cancellations and nonrenewals across multiple policy types. Requires insurers to provide reasons for nonrenewal and allow insureds to cure identified deficiencies within specified timeframes.
Showing the 25 furthest along of 126. Subscribers see all of them, filtered and searchable. Bill titles link to the Montana Legislature's own page.
What counts as insurance legislation
In scope: Health coverage and plan regulation; auto; property and catastrophe; life and annuities; aI and data in underwriting; workers' compensation and specialty lines; and licensing, solvency and market conduct.
Questions
Does Montana have an insurance law?
Yes. Montana enacted 29 insurance laws in the 2025 and 2026 sessions, among them HB 516, HB 590 and HB 682. Each is listed on this page with what it requires.
Which insurance bills are moving in Montana?
7 bills not yet law have passed a committee or a chamber, the furthest along SB 422 (vetoed), SB 244 (vetoed) and SB 394 (vetoed).
What does Montana legislate on most in insurance?
Health coverage and plan regulation (55 bills), Workers' compensation, surety and specialty lines (49 bills) and Licensing, solvency and market conduct (27 bills).
Are these summaries reviewed by a lawyer?
No. Which bills count as Insurance bills, and the line on what each law requires or each bill would do, are drafted by software from the bill's own text and not reviewed by an attorney. Every bill links to the legislature's own record: read the text before relying on it. The list covers bills from the 2025 and 2026 sessions.
Other practice areas in Montana
- AI in Montana39
- Alcohol in Montana53
- Cannabis in Montana68
- Children's Online Safety in Montana9
- Cybersecurity in Montana1
- Data center and energy in Montana11
- Data Privacy in Montana47
- Employment in Montana77
- Healthcare in Montana266
- Intellectual Property in Montana8
- Packaging and PFAS in Montana7
- Payments and fintech in Montana12
- Rental housing in Montana59
- Tobacco and nicotine in Montana20
- Transportation in Montana20
- All jurisdictions
Insurance legislation in other jurisdictions
52 more currently hold bills in this tracker
- New Jersey539
- New York481
- Texas314
- Massachusetts246
- Connecticut230
- Louisiana214
- Maryland208
- Missouri197
- Hawaii190
- Rhode Island188
- Mississippi187
- Florida185
- West Virginia175
- Illinois174
- Virginia158
- Oklahoma152
- Pennsylvania152
- California146
- Michigan137
- Iowa127
- Georgia112
- Kentucky109
- Tennessee99
- Indiana93
- Arizona91
- South Carolina86
- North Carolina80
- Minnesota78
- Oregon74
- Ohio70
- Utah70
- Arkansas68
- Washington67
- Kansas66
- Maine66
- New Hampshire63
- Nebraska60
- New Mexico59
- Colorado56
- Nevada54
- Congress48
- Wisconsin48
- Idaho47
- Alaska38
- Alabama32
- Delaware30
- North Dakota29
- Vermont29
- South Dakota21
- District of Columbia8
- Puerto Rico6
- Wyoming4
Know when Montana's insurance law changes
An alert when a bill moves, and one report a month on what changed in every state and Congress.