S.D. Admin. R. 20:06:39:44
An issuer offering health insurance coverage in the individual market may not adjust premium amounts for an individual on the basis of genetic information regarding the individual or a family member of the individual.
Nothing in this section precludes an issuer from adjusting premium amounts for an individual on the basis of a manifestation of a disease or disorder in that individual, or on the basis of a manifestation of a disease or disorder in a family member of that individual if the family member is covered under the policy that covers the individual.
However, the manifestation of a disease or disorder in one individual may not also be used as genetic information about other individuals covered under the policy issued to that individual or used to further increase premium amounts.
S.D. Admin. R. 20:06:39:44
General Authority: SDCL 58-17-87.
Law Implemented: SDCL 58-11-1, 58-17-4.2, 48-17-74.1, 58-17-87, 58-33-13.