An eligible person who is rejected by a carrier due to medical underwriting may submit an application to the risk pool board after the 63-day timeframe, if the application is made within 30 days of receiving notice of the rejection from the carrier, in order to maintain eligibility pursuant to SDCL 58-17-85. However, an eligible person who is within the 63-day timeframe following loss of creditable coverage is not disqualified from coverage under the risk pool plan if the eligible person applies for coverage under the risk pool plan more than 30 days after receiving a notice of rejection.
S.D. Admin. R. 20:06:48:04
General Authority: SDCL 58-17-124(5).
Law Implemented: SDCL 58-17-85, 58-17-124(5).