(1) In order to provide immediate access to insurance for uninsured individuals in Montana with a preexisting condition, as described in H.R. 3590, the Patient Protection and Affordable Care Act (PPACA) Section 1101 (Public Law 111-148), the commissioner, or the MCHA with the commissioner's approval, may contract with the U.S. Department of Health and Human Services to establish a new temporary high risk pool plan, "the Montana Affordable Care Plan" (MACP), that will provide coverage for individuals who meet the eligibility criteria established in PPACA.

(2) The MACP will begin accepting applications for coverage on July 1, 2010.

(3) Coverage for the MACP must be provided by a risk pool that is administered and maintained separate and apart from the risk pools for the association plan, including the premium assistance plan (traditional high risk pool), and the association portability plan (portability pool), as defined in 33-22-1501, MCA. Commingling of funds between the existing MCHA pools and the MACP pool is not allowed.

(4) The funding for the MACP high risk pool will consist of money awarded by contract or grant from the federal government and premiums paid by the covered individuals in the MACP. No money from the state of Montana, the lead carrier, or assessments paid by the association members pursuant to 33-22-1513, MCA, may be used to fund the MACP.

(5) Claims and administrative expenses for the covered individuals in the MACP must be paid solely from the MACP temporary high risk pool.