Montana Guide

Getting Autism Therapy Covered by Insurance in Montana

Montana requires state-regulated health plans to cover autism treatment under MCA § 33-22-515. What that means in practice — the age it runs to, whether there is a dollar cap, and what to do when an insurer says no — is below, checked against the statute itself.

By Chris & Becky Fry — autism parents

Reviewed August 2026 · Sources: CDC, ED.gov, SSA, and state agencies — see below

The 30-second version

  • MCA § 33-22-515 is the law to quote when an insurer denies ABA.
  • Ages covered: Covered children 18 years of age or younger.
  • Dollar cap: Two bands: up to $50,000 a year for a child 8 or younger, then $20,000 a year from 9 through 18. The drop at nine is steep and catches families out — the year your child turns nine, the available benefit falls by sixty percent.
  • If your insurer breaks the mandate, complain to the Montana Commissioner of Securities and Insurance on 1-800-332-6148.

Montana’s mandate

MCA § 33-22-515 requires state-regulated health plans in Montana to cover the diagnosis and treatment of autism spectrum disorder, including applied behavior analysis.

Ages covered: Covered children 18 years of age or younger.

Dollar cap: Two bands: up to $50,000 a year for a child 8 or younger, then $20,000 a year from 9 through 18. The drop at nine is steep and catches families out — the year your child turns nine, the available benefit falls by sixty percent.

The statute bars special deductibles, coinsurance, copayments or other limitations that are not applied to other medical care under the plan, and says autism benefits may not be read as limiting physical health benefits otherwise available. Montana's waiver waits are long, so plan the step-down at nine well before it arrives.

Whether the mandate applies to your plan

This is the question to settle first, because the answer decides whether anything above is enforceable for you. State insurance mandates bind fully insured plans. Self-funded employer plans — where the employer pays claims itself and an insurer only administers them — are generally exempt under federal ERISA, and they cover roughly six in ten people with employer coverage.

Ask your HR department, in writing, which type your plan is. If it is self-funded, MCA § 33-22-515 does not compel coverage — but federal parity law may still help, and many large self-funded employers cover ABA voluntarily. Ask what the plan actually covers rather than assuming the answer is no.

The Medicaid route

Montana Medicaid covers ABA for members under 21 through EPSDT, with no equivalent step down at nine.

How Medicaid waivers work covers the route for families who do not qualify on income alone.

When you are denied

  1. Get the denial reason in writing. Insurers must give a specific reason, and the appeal has to answer that reason rather than restate the diagnosis.
  2. File the internal appeal within the deadline on the denial letter, with a letter of medical necessity that addresses the stated reason directly.
  3. Request external review if the internal appeal fails. Fully insured plans carry external review rights, and an independent reviewer overturns denials more often than families expect.
  4. Complain to the Montana Commissioner of Securities and Insurance on 1-800-332-6148 if you believe MCA § 33-22-515 is being violated. Their consumer pages are here.

Montana insurance steps

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Who helps with this?

The law

Federal

The ACA requires marketplace plans to cover behavioral health. Federal parity law (MHPAEA) bars treating a mental health benefit worse than a medical one, which is a separate argument from the state mandate and sometimes the stronger one. ERISA generally exempts self-funded employer plans from state mandates.

The system

Your state

The Montana Commissioner of Securities and Insurance enforces MCA § 33-22-515 and takes consumer complaints.

Add your location above to see state-specific resources.

The people

Your area

Your state Parent Training and Information center can help with appeals and paperwork at no cost.

Set your county to see local help.

What to do next

Primary sources — verify directly

This guide is for informational purposes only and does not constitute legal, medical, or financial advice. Laws and programs vary by state and change over time. Always verify current requirements with your state agency or a qualified professional.