S.D. Admin. R. 20:06:13:89
An issuer of a Medicare supplement policy or certificate may not deny or condition the issuance or effectiveness of the policy or certificate, including the imposition of any exclusion of benefits under the policy based on a pre-existing condition on the basis of the genetic information with respect to such individual. The issuer may not discriminate in the pricing of the policy or certificate including the adjustment of premium rates of an individual on the basis of the genetic information with respect to such individual. Nothing in this section may be construed to limit the ability of an issuer, to the extent otherwise permitted by law, from denying or conditioning the issuance or effectiveness of the policy or certificate or increasing the premium for a group based on the manifestation of a disease or disorder of an insured or applicant or increasing the premium for any policy issued to an individual based on the manifestation of a disease or disorder of an individual who is covered under the policy. In such case, the manifestation of a disease or disorder in one individual may not also be used as genetic information about other group members and to further increase the premium for the group.
S.D. Admin. R. 20:06:13:89
General Authority: SDCL 58-17A-2.
Law Implemented: SDCL 58-17A-2.