MT| The Montana Commissioner of Securities and Insurance issued an Advisory Memorandum, on November 6, 2025, clarifying unfair trade practices in the marketing of health insurance products, especially those targeting Medicare-eligible Montanans. The guidance emphasizes that restricting access to approved health insurance products or discouraging agent sales constitutes unfair or deceptive conduct under Montana law. Carriers and producers are expected to ensure transparent, accessible, and fair marketing practices for all Medicare-eligible consumers in the state.
Key Points:
- Carriers must provide clear access to all enrollment applications, both in print and online, and must not discourage agent sales or alter producer compensation mid-year unless explicitly filed as zero commission products.
- Refusing to pay agent commissions on products that include commission in rate development, unless pre-designated as zero commission, is deemed an unfair trade practice that could reduce consumer access.
- The Commissioner’s office will monitor compliance closely and may take enforcement action against any party engaging in artificial market manipulation or conduct detrimental to Medicare consumers.