Diaz v. State

¶1 The State of Montana appeals from the District Court’s Order filed June 19,2012, denying the State’s motion for summary judgment. We affirm.

PROCEDURAL AND FACTUAL BACKGROUND

¶2 Plaintiffs Diaz and Hoffman-Bernhardt were covered by the State of Montana’s employee healthcare benefit program established under Title 2, chapter 18, MCA (referred to as the Plan). The Plan is not subject to the insurance code, §33-1-102(7), MCA, and is funded by the State as an employee benefit. It covers over 30,000 State employees, dependents, and retirees. See generally Diaz v. Blue Cross and Blue Shield, et…