S.D. Admin. R. 20:06:39:49
An issuer in the individual market may limit or exclude a benefit based on whether the benefit is medically appropriate. The determination of whether the benefit is medically appropriate is not within the meaning of underwriting purposes. Therefore, if an issuer conditions a benefit based on its medical appropriateness and the medical appropriateness of the benefit depends on a covered individual's genetic information, the issuer may condition the benefit on the genetic information. An issuer may only request the minimum amount of genetic information necessary to determine medical appropriateness and may deny the benefit if the covered individual does not provide the genetic information required to determine medical appropriateness.
S.D. Admin. R. 20:06:39:49
General Authority: SDCL 58-17-87.
Law Implemented: SDCL 58-17-87.