reglab/housing_qa huggingface dataset:
SD Codified L § 58-33-100 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-100 - Confidentiality of notifications--Use of information in legal and regulatory actions.

58-33-100. Confidentiality of notifications--Use of information in legal and regulatory actions.Any notification made pursuant to §58-33-98 is confidential and privileged from disclosure in response to a subpoena or otherwise, and is not subject to discovery or admissible in evidence in any private action. Nothing in §§58-33-93 to 58-33-116, inclusive, limits the director's authority to use a report filed or information provided pursuant to §§58-33-93 to 58-33-116, inclusive, in the furtherance of any legal or regulatory action that the director, in the director's sole discretion, determines to be necessary to further the purposes of §§58-33-93 to 58-33-116, inclusive. Source: SL 2007, ch 292, §8.
SD Codified L § 58-33-101 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-101 - Disclosure of information to agencies of other states or federal government--Conditions--Immunity from civil liability.

58-33-101. Disclosure of information to agencies of other states or federal government--Conditions--Immunity from civil liability.Nothing in §§58-33-93 to 58-33-116, inclusive, prevents the director from disclosing the contents of a report or notification filed under this section to the insurance division of any other state or agency of the federal government at any time, or any other regulatory or law enforcement agency if the agency or office receiving the report or matters relating thereto agrees to hold it confidential and in a manner consistent with §§58-33-93 to 58-33-116, inclusive. A report filed or notification provided under §§58-33-93 to 58-33-116, inclusive, is confidential and privileged from disclosure in response to a subpoena or otherwise except to the extent the director determines disclosure is appropriate to accomplish a regulatory purpose. There is no civil liability imposed on and no cause of action arises from a person's furnishing information pursuant to §§58-33-93 to 58-33-116, inclusive, concerning suspected, anticipated, or completed acts, if the information is provided to or received from:(1)The director or the director's employees, agents, or representatives;(2)Federal, state, or local law enforcement or regulatory officials or their employees, agents, or representatives;(3)A person involved in the prevention and detection of fraudulent insurance acts or that person's agents, employees, or representatives; or(4)The NAIC or its employees, agents, or representatives. Source: SL 2007, ch 292, §9.
SD Codified L § 58-33-102 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-102 - Due diligence investigation required of insurance producer before offering health benefit plan.

58-33-102. Due diligence investigation required of insurance producer before offering health benefit plan.An insurance producer, prior to engaging in or assisting any person to engage in offering a health benefit plan to an employer or person located in this state, shall carry out appropriate due diligence to establish that the health benefit plan is not unauthorized health insurance, including those measures reasonably appropriate to establish:(1)For any insurance coverage that is represented as issued relating to the health benefit plan:(a)The insurer issued the policy;(b)The coverage is as represented;(c)The insurer is an admitted insurer in this state; and(d)The policy has been filed with, and approved by, the division or is exempt from filing requirements;(2)For any health benefit plan that is represented as established or maintained pursuant to a collective bargaining agreement, the health benefit plan is established or maintained under or pursuant to a collective bargaining agreement under the criteria provided under 29 CFR 2510.3-40 as of January 1, 2007;(3)For any health benefit plan that is represented as established or maintained by an employee leasing arrangement or professional employer organization, the health benefit plan is fully insured; or(4)For any health benefit plan that is represented as established by a single employer, the health benefit plan is covering solely employees and their dependents, and the employer controls and directs the work of the employee. Source: SL 2007, ch 292, §10.
SD Codified L § 58-33-103 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-103 - Due diligence investigation required of insurance producer before submitting stop loss policy application for health benefit plan.

58-33-103. Due diligence investigation required of insurance producer before submitting stop loss policy application for health benefit plan.An insurance producer, prior to submitting an application for a stop loss policy to an insurer for a health benefit plan offered to employees, employee dependents, or a person located in this state, shall carry out appropriate due diligence to establish that the health benefit plan is not unauthorized health insurance, including measures reasonably appropriate to establish:(1)For any health benefit plan that is represented as established or maintained pursuant to a collective bargaining agreement, the health benefit plan is established or maintained under or pursuant to a collective bargaining agreement under the criteria provided under 29 CFR 2510.3-40 as of January 1, 2007;(2)The health benefit plan that is not offered by an employee leasing arrangement or professional employer organization to client employers; or(3)For any health benefit plan that is represented as established by a single employer, that the health benefit plan is covering solely employees, and dependents of employees, of the employer and the employer controls and directs the work of the employee. Source: SL 2007, ch 292, §11.
SD Codified L § 58-33-104 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-104 - Due diligence investigation required of third party administrator before entering into any administrative contract for health benefit plan.

58-33-104. Due diligence investigation required of third party administrator before entering into any administrative contract for health benefit plan.A third party administrator, prior to entering into any administrative contract for a health benefit plan, and prior to assisting any person with administration of a health benefit plan, covering employees of an employer or a person located in this state, shall carry out appropriate due diligence to establish that the health benefit plan is not unauthorized health insurance, including those measures reasonably appropriate to establish:(1)Through initial inquiry, contract provisions and measures to monitor and enforce compliance with the contract provisions, that for any insurance coverage that is represented as issued relating to the health benefit plan:(a)The insurer issued the policy;(b)The coverage is as represented;(c)The insurer is an admitted insurer in this state; and(d)The policy has been filed with, and approved by, the division or is exempt from filing requirements;(2)For any health benefit plan that is represented as established or maintained pursuant to a collective bargaining agreement, the health benefit plan is established or maintained under or pursuant to a collective bargaining agreement under the criteria provided under 29 CFR 2510.3-40 as of January 1, 2007;(3)For any health benefit plan that is represented as established or maintained by an employee leasing arrangement or professional employer organization, the health benefit plan is fully insured; or(4)For any health benefit plan that is represented as established by a single employer, that the health benefit plan is covering solely employees and their dependents, and the employer controls and directs the work of the employee. Source: SL 2007, ch 292, §12.
SD Codified L § 58-33-105 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-105 - Due diligence investigation required of insurer before issuing stop loss policy for health benefit plan.

58-33-105. Due diligence investigation required of insurer before issuing stop loss policy for health benefit plan.An insurer, prior to issuing a stop loss policy for a health benefit plan covering employees, employee dependents, or individuals located in this state, shall carry out appropriate due diligence to establish that the health benefit plan is not unauthorized health insurance, including those measures reasonably appropriate to establish:(1)For any health benefit plan that is represented as established or maintained pursuant to a collective bargaining agreement, the health benefit plan is established or maintained under or pursuant to a collective bargaining agreement under the criteria provided under 29 CFR 2510.3-40 as of January 1, 2007;(2)The health benefit plan is not offered by an employee leasing arrangement or professional employer organization to client employers; or(3)For any health benefit plan that is represented as established by a single employer, the health benefit plan is covering solely employees, and dependents of employees, of the employer and the employer controls and directs the work of the employee. Source: SL 2007, ch 292, §13.
SD Codified L § 58-33-106 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-106 - Requirements for engaging in transacting of insurance by issuing stop loss policy.

58-33-106. Requirements for engaging in transacting of insurance by issuing stop loss policy.No insurer may engage in the transacting of insurance by issuing a stop loss policy unless the insurer is an admitted insurer in this state and the stop loss policy form has been filed and approved by the division, unless the form is exempt by law from filing. The transacting of insurance includes:(1)Issuing a stop loss policy covering an employer located in this state. Coverage of an employer for claims incurred under the employer's self-funded health benefit plan with a stop loss policy is insurance, not reinsurance, regardless of whether the contract is described by the insurer as reinsurance; or(2)Issuing a stop loss policy to a trust or trustee, whether the trust or trustee is located in this state or otherwise, if an employer located in this state is directly or indirectly the beneficiary of the trust. Source: SL 2007, ch 292, §14.
SD Codified L § 58-33-107 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-107 - Written disclosures required before issuing contract for stop loss policy.

58-33-107. Written disclosures required before issuing contract for stop loss policy.No insurer may engage in the transacting of insurance in this state by issuing a stop loss policy unless, prior to issuing a contract for the stop loss policy, the insurer discloses clearly and conspicuously to the employer, in writing the following:(1)The employer is not covered for claims below the stop loss attachment point;(2)A description of the attachment point, including the specific and aggregate attachment points; and(3)The insurer provides no other coverage of the employer's retention. Source: SL 2007, ch 292, §15.
SD Codified L § 58-33-108 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-108 - Due diligence investigation required of preferred provider organization before contracting with offeror or provider of health benefit plan.

58-33-108. Due diligence investigation required of preferred provider organization before contracting with offeror or provider of health benefit plan.A preferred provider organization, prior to entering into any contract with a person offering or providing a health benefit plan in this state, shall carry out appropriate due diligence to establish that the health benefit plan is not unauthorized health insurance, including those measures reasonably appropriate to establish:(1)Through initial inquiry, contract provisions, and measures to monitor and enforce compliance with the contract provisions, that for any insurance coverage that is represented as issued relating to the health benefit plan:(a)The insurer issued the policy;(b)The coverage is as represented;(c)The insurer is an admitted insurer in this state; and(d)The policy has been filed with and approved by the division or is exempt from filing requirements;(2)For any health benefit plan that is represented as established or maintained pursuant to a collective bargaining agreement, the health benefit plan is established or maintained under or pursuant to a collective bargaining agreement under the criteria provided under 29 CFR 2510.3-40 as of January 1, 2007;(3)For any health benefit plan that is represented as established or maintained by an employee leasing arrangement or professional employer organization, the health benefit plan is fully insured; or(4)For any health benefit plan that is represented as established by a single employer, the health benefit plan is covering solely employees, and dependents of employees, of the employer and the employer controls and directs the work of the employee. Source: SL 2007, ch 292, §16.
SD Codified L § 58-33-109 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-109 - Defenses available to person who acts according to written advice of MEWA contact.

58-33-109. Defenses available to person who acts according to written advice of MEWA contact.A licensee or other person who acts according to the written advice of the MEWA contact has a defense to any violation of §§58-33-103 to 58-33-108, inclusive, if the information provided by the licensee or other person to the MEWA contact, to the extent material to the MEWA contact's advice, is accurate and complete.For the purpose of §§58-33-93 to 58-33-116, inclusive, the division's published list of admitted insurers on its web site is deemed to be accurate. A licensee or other person has a defense to any allegation that a listed insurer is not an admitted insurer. Nothing in §§58-33-93 to 58-33-116, inclusive, requires a licensee or other person to notify the division of an unauthorized product or insurer if that licensee or person has reviewed the division's website and the unauthorized insurer is listed as an admitted insurer. Source: SL 2007, ch 292, §17.
SD Codified L § 58-33-110 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-110 - Circumstances mitigating violation of §§ 58-33-102 to 58-33-108.

58-33-110. Circumstances mitigating violation of §§58-33-102 to 58-33-108.Any violation of §§58-33-102 to 58-33-108, inclusive, is mitigated, and the division shall reduce or eliminate any sanction otherwise applicable, if a licensee or other person demonstrates all of the following:(1)The licensee or other person maintained supervisory procedures and controls that complied with §58-33-112;(2)The violation occurred despite the maintenance of those procedures and controls;(3)The licensee or other person promptly reported the health benefit plan to the MEWA contact once the licensee or other person had actual knowledge that it was unauthorized health insurance; and(4)The licensee or other person took prompt corrective action. Source: SL 2007, ch 292, §18.
SD Codified L § 58-33-111 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-111 - Due diligence not required with respect to unassisted health benefit plan where not engaged in transacting of insurance.

58-33-111. Due diligence not required with respect to unassisted health benefit plan where not engaged in transacting of insurance.Nothing in §58-33-109 or 58-33-110 requires a producer, third party administrator, insurer, or preferred provider organization to conduct due diligence with respect to a health benefit plan that it is not assisting and with respect to which it does not engage in the transacting of insurance. Source: SL 2007, ch 292, §19.
SD Codified L § 58-33-112 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-112 - Documented supervision procedures and controls.

58-33-112. Documented supervision procedures and controls.An insurance producer, third party administrator, insurer, preferred provider organization, or an agent of the same shall establish and maintain documented supervision procedures and controls that are reasonably designed to achieve compliance with §§58-33-93 to 58-33-116, inclusive. The supervisory procedures shall include:(1)Training;(2)Internal controls;(3)Periodic audits;(4)Supervisory review; and(5)Monitoring and enforcement of contractual provisions established under §§58-33-104 and 58-33-108.The extent of the supervisory procedures and controls a producer is required to maintain under this section may appropriately reflect the size and complexity of the producer's operations and the scope and nature of the producer's insurance activities. Source: SL 2007, ch 292, §20.
SD Codified L § 58-33-113 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-113 - Continuing education--Summary of supervision procedures and controls.

58-33-113. Continuing education--Summary of supervision procedures and controls.An insurer providing health insurance in this state shall require its listed producers to obtain not less than one hour of continuing education every four years covering:(1)Identification of unauthorized health insurance; and(2)The producer's responsibilities under §§58-33-93 to 58-33-116, inclusive.A third party administrator, preferred provider organization, or insurer shall include in its application for a license a brief summary of its procedures and controls required under §58-33-112. A license or registration application may be denied if the applicant fails to demonstrate that the applicant maintains the required procedures and controls. Source: SL 2007, ch 292, §21.
SD Codified L § 58-33-114 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-114 - Suspension or revocation of registration of preferred provider organization for violation--Other action to assure future compliance.

58-33-114. Suspension or revocation of registration of preferred provider organization for violation--Other action to assure future compliance.If a preferred provider organization violates a provision of §§58-33-93 to 58-33-116, inclusive, the organization's registration may be suspended or revoked or other action may be taken by the director as is otherwise authorized by this title to ensure that compliance with §§58-33-93 to 58-33-116, inclusive, will be achieved in the future. Source: SL 2007, ch 292, §22.
SD Codified L § 58-33-115 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-115 - Inapplicability to joint powers agreements.

58-33-115. Inapplicability to joint powers agreements.Nothing in §§58-33-93 to 58-33-116, inclusive, applies to a joint powers agreement authorized pursuant to chapter 1-24. Source: SL 2007, ch 292, §23.
SD Codified L § 58-33-116 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-116 - Inapplicability to arrangements not issued to person in state or solicited in state.

58-33-116. Inapplicability to arrangements not issued to person in state or solicited in state.Nothing in §§58-33-93 to 58-33-116, inclusive, applies to an admitted insurer, nonadmitted insurer, or a MEWA if the arrangement is neither issued to a person in this state nor solicited in this state. For purposes of this section, the phrase, issued to a person, does not include providing a certificate of coverage, evidence of coverage, or other similar documents to an employee, participant, or dependent showing coverage under an employer's health benefit plan or arrangement. Source: SL 2007, ch 292, §24.
SD Codified L § 58-33-118 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-118 - Solicitation or sale of life insurance or annuity to active duty service member.

58-33-118. Solicitation or sale of life insurance or annuity to active duty service member.Sections 58-33-117 to 58-33-130, inclusive, apply only to the solicitation or sale of any life insurance or annuity product by an insurer or insurance producer to an active duty service member of the armed forces of the United States.Nothing in §§58-33-117 to 58-33-130, inclusive, creates a private cause of action for a violation of §§58-33-117 to 58-33-130, inclusive. Source: SL 2008, ch 272, §2.
SD Codified L § 58-33-119 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-119 - Certain solicitations and sales excluded.

58-33-119. Certain solicitations and sales excluded.Sections 58-33-117 to 58-33-130, inclusive, do not apply to solicitations or sales involving:(1)Credit insurance;(2)Group life insurance or group annuities where there is no in-person, face-to-face solicitation of individuals by an insurance producer or where the contract or certificate does not include a side fund;(3)An application to the existing insurer that issued the existing policy or contract if a contractual change or a conversion privilege is being exercised; or, if the existing policy or contract is being replaced by the same insurer pursuant to a program filed with and approved by the director; or, if a term conversion privilege is exercised among corporate affiliates;(4)Individual stand-alone health policies, including disability income policies;(5)Contracts offered by Servicemembers' Group Life Insurance or Veterans' Group Life Insurance;(6)Life insurance contracts offered through or by a nonprofit military association, qualifying under Section 501 (c) (23) of the Internal Revenue Code (IRC) as of January 1, 2008, and which are not underwritten by an insurer; or(7)Contracts used to fund:(a)An employee pension or welfare benefit plan that is covered by the Employee Retirement and Income Security Act as of January 1, 2008;(b)A plan described by Sections 401(a), 401(k), 403(b), 408(k) or 408(p) of the IRC, as of January 1, 2008, if established or maintained by an employer;(c)A government or church plan defined in Section 414 of the IRC as of January 1, 2008, a government or church welfare benefit plan, or a deferred compensation plan of a state or local government or tax exempt organization under Section 457 of the IRC as of January 1, 2008;(d)A nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor;(e)Settlements of or assumptions of liabilities associated with personal injury litigation or any dispute or claim resolution process; or(f)Prearranged funeral contracts. Source: SL 2008, ch 272, §3; SL 2018, ch 278, §3.
SD Codified L § 58-33-120 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 33 - Unfair Trade Practices|Section 58-33-120 - Education of members of armed forces in accordance with Department of Defense instruction permitted.

58-33-120. Education of members of armed forces in accordance with Department of Defense instruction permitted.Nothing in §§58-33-117 to 58-33-130, inclusive, abrogates the ability of nonprofit organizations or other organizations to educate members of the armed forces of the United States in accordance with Department of Defense DoD Instruction 1344.07--PERSONAL COMMERCIAL SOLICITATION ON DOD INSTALLATIONS as of January 1, 2008. Source: SL 2008, ch 272, §4.