(1) These rules apply to each contract providing health care benefits issued or delivered in Montana after the effective date of these rules, January 1, 2011.

(2) A contract providing health care benefits issued or delivered in Montana before the effective date of these rules must be brought into compliance with these rules by the later of:

(a) the next anniversary date, renewal date, or plan year of the contract; or

(b) the expiration of any applicable collectively bargained contract pursuant to which it was written.

(3) For the transition period between the adoption of these rules and the timeframe for which plans are to be in compliance pursuant to (1), a plan that is subject to the prior coordination of benefits (COB) requirements shall not be considered a noncomplying plan by a plan subject to the new COB requirements; and, if there is a conflict between the prior COB requirements under the prior rules and the new COB requirements under the amended rules, the prior COB requirements shall apply.