S.D. Admin. R. 20:06:13:43.03
Duplication of coverage between Medicare supplement insurance and coverage issued pursuant to Medicare Part C or Medicare Cost requires adjustment of the coverage dates by the Medicare supplement issuer regardless of whether the Medicare supplement coverage is replacing Medicare Part C coverage or Medicare Cost or is being replaced by Medicare Part C or Medicare Cost coverage. If the issuer's Medicare supplement coverage is being replaced by Medicare Part C or Medicare Cost, the issuer must, upon receipt of written notice from the policyholder that he or she desires to terminate the policy and of documentation substantiating the Medicare Part C coverage or Medicare Cost, adjust the coverage dates so as to terminate coverage on the date that coincides with the effective date of the Medicare Part C or Medicare Cost coverage and must refund any unearned premium based upon that revised termination date to the insured. The issuer may deduct claims paid from the refund amount for any claims incurred during the adjusted coverage time frame. Nothing in this section requires a refund of premium for any time frame in excess of five years prior to the date of written notice. If the Medicare supplement plan is replacing a Medicare Part C or Medicare Cost plan then the procedures for replacing issuer pursuant to § 20:06:13:43 apply.
S.D. Admin. R. 20:06:13:43.03
General Authority: SDCL 58-17A-2(3).
Law Implemented: SDCL 58-17A-2(3).