(1) Upon issuance of a group health plan all employees
and their dependents who are eligible for enrollment under the criteria set by
the plan, and thereafter all new eligible employees and their dependents, must
be offered an opportunity to enroll in the plan. Any waiting period prior to
enrollment may not exceed 12 months.
(2) Except as provided in (3) , eligible employees who do not enroll during an
initial enrollment opportunity as described in (1) , provided that the
opportunity lasted at least 30 days, may be considered late enrollees. A health
insurance carrier or group health plan must afford late enrollees an
opportunity to enroll at least annually.
(3) Eligible individuals who meet the requirements set forth in 33-22-140(17) (a) ,
(b) or (c) , MCA, which provides exceptions to late enrollee status, or who
qualify for a special enrollment period under 33-22-523, MCA, are
not considered late enrollees. Opportunities to enroll individuals qualifying
for special enrollment must be given according to the terms of 33-22-523,
MCA. Eligible individuals who meet the criteria set forth in 33-22-140(17) (a) ,
(b) or (c) , MCA, must be given opportunities to enroll as set forth in that
section.
(4) On
or before the time an employee is offered an initial opportunity to enroll in a
group health plan, the plan is required to provide the employee with a
description, as set forth in ARM 6.6.5079I(3) of the plan's special enrollment
rules. Additionally, the plan shall provide at the same time a description of
opportunities to enroll under 33-22-140(17) (a) , (b) or (c) , MCA, and as a late
enrollee.