# Mont. Code Ann. § 33-22-1813: 33-22-1813 Standards to ensure fair marketing > Montana · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C22_P18_S33-22-1813 ## Section - **Citation:** Mont. Code Ann. § 33-22-1813 - **Heading:** 33-22-1813 Standards to ensure fair marketing - **Jurisdiction:** Montana - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** MT Code / Title 33 / Chapter 22 / Part 18 / Section 33-22-1813 ## Text 33-22-1813 . Standards to ensure fair marketing. (1) Each small employer carrier shall actively market health benefit plan coverage, including the basic and standard health benefit plans, to eligible small employers in the state. (2) (a) Except as provided in subsection (2)(b), a small employer carrier or producer may not directly or indirectly engage in the following activities: (i) encouraging or directing small employers to refrain from filing an application for coverage with the small employer carrier because of the health status of the employer's employees or the claims experience, industry, occupation, or geographic location of the small employer; (ii) encouraging or directing small employers to seek coverage from another carrier because of the health status of the employer's employees or the claims experience, industry, occupation, or geographic location of the small employer. (b) The provisions of subsection (2)(a) do not apply with respect to information provided by a small employer carrier or producer to a small employer regarding the established geographic service area or a restricted network provision of a small employer carrier. (3) (a) Except as provided in subsection (3)(b), a small employer carrier may not, directly or indirectly, enter into any contract, agreement, or arrangement with a producer that provides for or results in the compensation paid to a producer for the sale of a health benefit plan to be varied because of the health status of the employer's employees or the claims experience, industry, occupation, or geographic location of the small employer. (b) Subsection (3)(a) does not apply with respect to a compensation arrangement that provides compensation to a producer on the basis of the percentage of a premium, provided that the percentage may not vary because of the health status of the employer's employees or the claims experience, industry, occupation, or geographic area of the small employer. (4) A small employer carrier shall provide reasonable compensation, as provided under the plan of operation of the program, to a producer, if any, for the sale of a basic or standard health benefit plan. (5) A small employer carrier may not terminate, fail to renew, or limit its contract or agreement of representation with a producer for any reason related to the health status of the employer's employees or the claims experience, industry, occupation, or geographic location of the small employers placed by the producer with the small employer carrier. (6) A small employer carrier or producer may not induce or otherwise encourage a small employer to separate or otherwise exclude an employee from health coverage or benefits provided in connection with the employee's employment. (7) Denial by a small employer carrier of health insurance coverage for a small employer must be in writing and must state the reason or reasons for the denial. (8) The commissioner may adopt rules setting forth additional standards to provide for the fair marketing and broad availability of health benefit plans to small employers in this state. (9) (a) A violation of this section by a small employer carrier or a producer is an unfair trade practice under 33-18-102 . (b) If a small employer carrier enters into a contract, agreement, or other arrangement with an administrator who holds a certificate of registration pursuant to 33-17-603 to provide administrative, marketing, or other services related to the offering of health benefit plans to small employers in this state, the administrator is subject to this section as if the administrator were a small employer carrier. ## Nearby sections - [Mont. Code Ann. § 33-22-1801 33-22-1801 Short title](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C22_P18_S33-22-1801.md) - [Mont. Code Ann. § 33-22-1802 33-22-1802 Purpose](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C22_P18_S33-22-1802.md) - [Mont. Code Ann. § 33-22-1803 33-22-1803 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C22_P18_S33-22-1803.md) - [Mont. Code Ann. § 33-22-1804 33-22-1804 Applicability and scope](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C22_P18_S33-22-1804.md) - [Mont. Code Ann. § 33-22-1808 33-22-1808 Establishment of classes of business](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C22_P18_S33-22-1808.md) - [Mont. Code Ann. § 33-22-1809 33-22-1809 Restrictions relating to premium rates](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C22_P18_S33-22-1809.md) - [Mont. Code Ann. § 33-22-1810 33-22-1810 Renewability of coverage](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C22_P18_S33-22-1810.md) - [Mont. Code Ann. § 33-22-1811 33-22-1811 Availability of coverage -- required plans](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C22_P18_S33-22-1811.md) - [Mont. Code Ann. § 33-22-1813 33-22-1813 Standards to ensure fair marketing](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C22_P18_S33-22-1813.md) - [Mont. Code Ann. § 33-22-1814 33-22-1814 Restoration of terminated coverage](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C22_P18_S33-22-1814.md) - [Mont. Code Ann. § 33-22-1815 33-22-1815 Qualifications for voluntary purchasing pool](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C22_P18_S33-22-1815.md) - [Mont. Code Ann. § 33-22-1816 33-22-1816 Commissioner powers and duties -- application for registration -- reporting insolvency](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C22_P18_S33-22-1816.md) - [Mont. Code Ann. § 33-22-1817 33-22-1817 Collection of charges and premiums](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C22_P18_S33-22-1817.md) - [Mont. Code Ann. § 33-22-1820 33-22-1820 Periodic market evaluation -- report](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C22_P18_S33-22-1820.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C22_P18_S33-22-1813. Check the current official text before relying on it. Not legal advice.