Title 58 — INSURANCE
79 chapters · 3,532 sections in this title.
SDCL § 58-17A-1 Definition of terms
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Terms used in this chapter mean: (1) "Applicant," in the case of an individual medicare supplement policy or subscriber contract, the person who seeks to contract for insurance benefits; and in the case of a group medicare supplement policy or subscriber contract, the proposed ce…
SDCL § 58-17A-10 Filing requirements--Master policy--Rates, rating schedules, and supporting documentation--Riders or amendments to delete outpatient prescription drug benefits
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Every issuer providing group medicare supplement insurance benefits to a resident of this state shall file a copy of the master policy and any certificate used in this state in accordance with the filing requirements and procedures applicable to group medicare supplement policies…
SDCL § 58-17A-11 Premiums to be adjusted to produce a loss ratio conforming with minimum standards--Form of adjustments
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Every issuer providing medicare supplement insurance or benefits to a resident of this state shall make premium adjustments as are necessary to produce an expected loss ratio under a policy or certificate as will conform with minimum loss ratio standards for medicare supplement p…
SDCL § 58-17A-13 Review of advertisements of issuers providing medicare supplement insurance
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Every issuer providing medicare supplement insurance policies or certificates in this state shall provide, prior to its use, a copy of any advertisement used in this state whether through written, radio, or television medium to the director for review. Source: SL 1989, ch 431 , §…
SDCL § 58-17A-14 Requirements for replacement of policy
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An issuer replaces a medicare supplement policy if: (1) The issuer discontinues or does not renew a medicare supplement policy and offers an alternative medicare supplement policy to its insured; or (2) The newer policy has an effective date which coincides with or which is withi…
SDCL § 58-17A-15 Sale of second policy prohibited except as replacement--Liability of issuer
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No issuer or insurance producer may sell a medicare supplement policy to a person who has an existing, in force medicare supplement policy unless the issuer or insurance producer is replacing the existing coverage. However, no issuer is liable beyond a refund of premium for the d…
SDCL § 58-17A-16 Additional penalties for violation of title
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In addition to any other applicable penalties or other administrative remedies for violations of this title, the director may require issuers violating any provision of this chapter or rules promulgated pursuant to this chapter to cease marketing any medicare supplement policy or…
SDCL § 58-17A-17 Conditional or discriminatory policy or certificate prohibited
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No issuer may deny or condition the issuance or effectiveness of any medicare supplement policy or certificate available for sale in this state, nor discriminate in the pricing of a policy or certificate because of the health status, claims experience, receipt of health care, or …
SDCL § 58-17A-2 Regulations to establish specific standards for policy provisions
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The director shall promulgate rules pursuant to chapter 1-26 to establish specific standards and requirements for medicare supplement policies and certificates. The standards and requirements shall be in addition to and in accordance with applicable laws of this state and may cov…
SDCL § 58-17A-3 Preexisting conditions--Policy provisions
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Notwithstanding any other provision of law, a medicare supplement policy or certificate may not exclude or limit benefits for losses incurred more than six months from the effective date of coverage for a preexisting condition. The policy or certificate may not define a preexisti…
SDCL § 58-17A-3.1 Preexisting conditions provision prohibited in replacement policy--Exception
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A policy or certificate of insurance providing medicare supplement benefits which is sold to a consumer to replace an existing, in - force medicare supplement policy may not contain any provision limiting payment of benefits due to preexisting conditions of the insured except, if…
SDCL § 58-17A-4 Reasonable benefits required--Regulations to establish minimum standard from loss ratios--Policies issued through mail or mass media advertising
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Medicare supplement policies shall return to policyholders benefits which are reasonable in relation to the premium charged. The director shall issue regulations to establish minimum standards for loss ratios of medicare supplement policies on the basis of incurred claims experie…
SDCL § 58-17A-5 Outline of coverage delivered at time of application for insurance
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To provide for full and fair disclosure in the sale of medicare supplement policies, no medicare supplement policy or certificate may be delivered or issued for delivery in this state and no certificate may be delivered pursuant to a group medicare supplement policy delivered or …
SDCL § 58-17A-6 Informational brochures
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The director may prescribe by regulation a standard form and the contents of an informational brochure for persons eligible for medicare which is intended to improve the buyer's ability to select the most appropriate coverage and improve the buyer's understanding of medicare. Exc…
SDCL § 58-17A-7 Health insurance policies--Requirements for information regarding medicare coverage
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The director may promulgate rules pursuant to chapter 1-26 for captions or notice requirements determined to be in the public interest and designed to inform prospective insureds that particular insurance coverages are not medicare supplement coverages, for all health insurance p…
SDCL § 58-17A-8 Notice of right to return and right to premium refund printed in medicare supplement policies and certificates--Payment of refund
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Medicare supplement policies and certificates shall have a notice prominently printed on the first page of the policy or attached thereto stating in substance that the applicant shall have the right to return the policy or certificate within thirty days of its delivery and to hav…
SDCL § 58-17A-8.1 Issuance of policies by insurance company, nonprofit hospital service plan, medical service corporation, or fraternal benefit society--Delivery receipts--Certificates of mailing--Term of retention
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An issuer shall issue policies in this state for which an examination period is required in accordance with one of the following methods: (1) If the policy is delivered by an insurance producer, a receipt shall be signed by the policyowner acknowledging delivery of the policy. Th…
SDCL § 58-17A-9 Regulations subject to Administrative Procedures Act
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Regulations promulgated pursuant to this chapter shall be subject to the provisions of chapter 1-26 . Source: SL 1982, ch 360 , § 9.