S.D. Codified Laws § 58-18B-36

Current through the 2024 Legislative Session

Section 58-18B-36 - Rules governing implementation and administration of this chapter

The director shall promulgate rules pursuant to chapter 1-26 to provide for the implementation and administration of this chapter. The rules shall cover:

(1) Terms of renewability;

(2) Initial and subsequent conditions of eligibility;

(3) Probationary periods;

(4) Benefit limitations, exceptions and reductions;

(5) Requirements for replacement;

(6) Participation and contribution requirements;

(7) Definition of terms;

(8) Marketing practices;

(9) Reporting and disclosure practices or requirements;

(10) Compensation arrangements between insurers or other entities and their agents, representatives, or producers;

(11) Guaranteed acceptance of small groups by small group carriers;

(12) Continuation and conversion rights; and

(13) Group discontinuance and replacement.

The director may promulgate rules pursuant to chapter 1-26 that specify prohibited policy or certificate provisions not otherwise specifically authorized by statute which, in the opinion of the director, are unjust, unfair, or unfairly discriminatory to any person insured or proposed for coverage under a policy or certificate. If any federal standards are in place which would require additional steps to meet those standards beyond what is required by this chapter, the director may promulgate rules to require the offering of health insurance plans, in addition to those specifically required by § 58-18B-20, the underwriting criteria that may be utilized for such health insurance plans, and other requirements related to the availability of health insurance to individuals in this state in order to minimally meet the federal standards.

SDCL 58-18B-36

SL 1995, ch 281, § 31; SL 1997, ch 289, § 21; SL 1998, ch 289, §19.