S.D. Admin. R. 20:06:40:31
A group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, may not adjust premium or contribution amounts for the plan, or any group of similarly situated individuals under the plan, on the basis of genetic information. Similarly situated individuals are determined pursuant to §§ 20:06:46:09 to 20:06:46:12, inclusive. Nothing in this section limits the ability of a health insurance issuer offering health insurance coverage in connection with a group health plan to increase the premium for a group health plan, or any group of similarly situated individuals under the plan based on the manifestation of a disease or disorder of an individual who is enrolled in the plan. In such a case, however, the manifestation of a disease or disorder in one individual cannot be used as genetic information about other group members to further increase the premium for a group health plan or a group of similarly situated individuals under the plan.
S.D. Admin. R. 20:06:40:31
General Authority: SDCL 58-18-79, 59-18-79(9), 58-18-87.
Law Implemented: SDCL 58-18-79, 58-33-13.