# MT CSI Advisory Memorandum of 2003-08-25: Long Term Care Discounts

> Montana · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/MT_INS_AM_2003_08_25_LONG_TERM_CARE_DISCOUNTS

## Section

- **Citation:** MT CSI Advisory Memorandum of 2003-08-25
- **Heading:** Long Term Care Discounts
- **Jurisdiction:** Montana
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Montana CSI Advisory Memos / Long Term Care Discounts

## Text

MONTANA STATE AUDITOR

John Morrison

Commissioner of Insurance
State Auditor

Commissioner of Securities

Phone 1-800-332-6148 / (406) 444-2040 / Fax: (406) 444-3497
840 Helena Avenue, Helena, MT 59601 Website: sao.state.mt.us E-mail: stateauditor@state.mt.us

To:

All Long Term Care Insurers Operating in Montana
From:
John Morrison, State Auditor

Commissioner of Insurance and Securities
Subject:
Long Term Care Discounts
Date:
August 25, 2003

Since 1985, Montana has, by statute and court decision, prohibited discrimination based on
gender or marital status. Mont. Code Ann. § 49-2-309; Bankers Life and Cas. Co. v.
Peterson, 263 Mont. 156, 866 P.2d 241 (1993). It has come to our attention that this office, in
the past, may have approved discounts based on marital status for long term care policies.
Because these discounts are contrary to current Montana law, policy forms and premium
rates that contain a discount based upon gender or marital status will not be approved.

Because we do not wish to deprive Montana consumers of valuable discounts that do not
discriminate on the basis of gender or marital status, this office is suggesting that insurers
who wish to offer discounts may take the following action:
• insurers may re-file applicable long term care policy forms and rates using a
“caregiver,” “multi-policy,” “household,” or other discount, which individual insurers
may define, so long as gender or marital status is not a criterion for the discount; or
• to expedite the policy form filing and approval process, insurers may choose to file an
endorsement or other amended documents removing or modifying the discount
language from the previously filed rates and forms.

In order to not upset the current long term care marketplace, the Department will not take
administrative action against insurers for offering policies with previously approved marital
discounts
olicy form filing and approval process, insurers may choose to file an
endorsement or other amended documents removing or modifying the discount
language from the previously filed rates and forms.

In order to not upset the current long term care marketplace, the Department will not take
administrative action against insurers for offering policies with previously approved marital
discounts. However, any insurer that sells or offers to sell a long term care policy in Montana
after December 1, 2003, that includes a discount based upon gender or marital status, may
be subject to administrative penalties, regardless of prior approval by the Department.
Insurers may continue to honor discounts for those policies purchased prior to December 1,
2003.

Please do not hesitate to contact Angela Huschka, Deputy Insurance Commissioner or
Margaret Miksch, Life/Health Actuary at 406-444-2040, if you have any questions regarding
this matter.

## Nearby sections

- [MT CSI Advisory Memorandum of 1995-10-10 Temporary Extension Form Filing Requirements for Uniform health Benefit Plans](https://www.frixlaw.com/law-library/statutes/MT_INS_AM_1995_10_10_ADVISORY_MEMO_RE_TEMPORARY_EXTENSION_OF_FORM_FILING_REQUIREMENTS.md)
- [MT CSI Advisory Memorandum of 1996-06-18 Uniform Health Benefit Plan Form Filing Requirements](https://www.frixlaw.com/law-library/statutes/MT_INS_AM_1996_06_18_ADVISORY_MEMO_RE_UNIFORM_HEALTH_BENEFIT_PLAN_FORM_FILING_REQUIREMENTS.md)
- [MT CSI Advisory Memorandum of 2003-08-25 Long Term Care Discounts](https://www.frixlaw.com/law-library/statutes/MT_INS_AM_2003_08_25_LONG_TERM_CARE_DISCOUNTS.md)
- [MT CSI Advisory Memorandum of 2005-05-11 New Discount Card Legislation; SB 380 Codified at Title 33, Chapter 38, Montana Code Annotated](https://www.frixlaw.com/law-library/statutes/MT_INS_AM_2005_05_11_NEW_DISCOUNT_CARD_LEGISLATION_SB_380.md)
- [MT CSI Advisory Memorandum of 2005-06-01 Credit Scoring Checklist](https://www.frixlaw.com/law-library/statutes/MT_INS_AM_2005_06_01_CREDIT_HISTORY_CHECKLIST_1.md)
- [MT CSI Advisory Memorandum of 2005-07-27 New Credit History and Insurance Score Legislation; SB 311](https://www.frixlaw.com/law-library/statutes/MT_INS_AM_2005_06_01_NEW_CREDIT_HISTORY_AND_INSURANCE_SCORE_SB_311.md)
- [MT CSI Advisory Memorandum of 2006-01-01 Reciprocal Limitations on Claim Filing and Claim Audits—Time Limit for Reimbursements or Offsets—Offset Agreement](https://www.frixlaw.com/law-library/statutes/MT_INS_AM_2006_01_01_HB_156_MEMO.md)
- [MT CSI Advisory Memorandum of 2006-01-30 Marketing Medicare Part D and Medicare Advantage Plans](https://www.frixlaw.com/law-library/statutes/MT_INS_AM_2006_01_30_MARKETING_MEDICARE_PART_D.md)
- [MT CSI Advisory Memorandum of 2006-04-14 Medical Care Discount Card Products Bundled with Insurance Products and/or Motor Service Club Products](https://www.frixlaw.com/law-library/statutes/MT_INS_AM_2006_04_14_MEDICAL_CARE_DISCOUNT_CARD_PRODUCTS.md)
- [MT CSI Advisory Memorandum of 2006-05-23 Explanation of the Law in Montana Regarding Coverage of Contraceptive Services](https://www.frixlaw.com/law-library/statutes/MT_INS_AM_2006_05_23_COVERAGE_OF_CONTRACEPTIE_SERVICES.md)
- [MT CSI Advisory Memorandum of 2006-09-26 New Discount Card Legislation; SB 380 Codified at Title 33, Chapter 38, Montana Code Annotated](https://www.frixlaw.com/law-library/statutes/MT_INS_AM_2006_09_26_NEW_DISCOUNT_CARD_LEGISLATION_SB_380.md)
- [MT CSI Advisory Memorandum of 2007-08-29 House Bill 587 (HB) - Amending Section § 33-23-204, Mont. Code Ann., Limitation of Liability Under Motor Vehicle Liability Policy ("Anti- Stacking Statute")](https://www.frixlaw.com/law-library/statutes/MT_INS_AM_2007_08_29_HB_587_AMENDING_MCA_33_23_204_LIMITAION_OF_LIABILITY_UNDER_MOTOR_VEHICLE_LIABILITY_POLICY.md)
- [MT CSI Advisory Memorandum of 2007-09-07 New Producer Training Requirements for Producers Selling Long Term Care Insurance in Montana](https://www.frixlaw.com/law-library/statutes/MT_INS_AM_2007_09_07_NEW_PRODUCER_TRAINING_REQUIREMENTS.md)
- [MT CSI Advisory Memorandum of 2007-10-17 SB 419: Providing Insurance Coverage under a Parent's Policy for Unmarried Children](https://www.frixlaw.com/law-library/statutes/MT_INS_AM_2007_10_17_UNMARRIED_CHILDREN_UNDER_25.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/MT_INS_AM_2003_08_25_LONG_TERM_CARE_DISCOUNTS. Check the current official text before relying on it. Not legal advice.
