reglab/housing_qa huggingface dataset:
SD Codified L § 58-17E-8 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-8 - Notification of director required where discount medical plan organization loses registration or is subject to disciplinary proceeding in another state.

58-17E-8. Notification of director required where discount medical plan organization loses registration or is subject to disciplinary proceeding in another state.If a discount medical plan organization loses its registration, or other form of authority to operate as a discount medical plan organization in another state, or is the subject of any disciplinary administrative proceeding related to the organization's operating as a discount medical plan organization in another state, the discount medical plan organization shall immediately notify the director. Source: SL 2006, ch 257, §8.
SD Codified L § 58-17E-9 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-9 - Registration of discount medical plan organization.

58-17E-9. Registration of discount medical plan organization.Any discount medical plan organization that is not offered directly by a health carrier as provided by this chapter, shall register in a format as prescribed by the director and shall file reports and conduct business under the same standards as required of utilization review organizations in accordance with provisions of §§58-17H-36 and 58-17H-37. No health carrier may offer or provide coverage through a person not registered but required to be registered pursuant to §§58-17E-9, 58-17E-39, 58-17E-41, and 58-17E-45, inclusive. Any plan or program that is registered pursuant to §58-17F-16 is not required to maintain a separate registration pursuant to §§58-17E-9, 58-17E-39, 58-17E-41, and 58-17E-45, inclusive. Any plan or program of discounted goods or services that is offered by a health carrier in conjunction with a health benefit plan, as defined in §§58-18-42 and 58-17-66(9), a medicare supplement policy as defined in §58-17A-1, or other insurance product that is offered by an authorized insurer and that is subject to the jurisdiction of the director is not required to be registered pursuant to §§58-17E-9, 58-17E-39, 58-17E-41, and 58-17E-45, inclusive. (SL 2012, ch 239, §1 provides: "The provisions of chapter 219 of the 2011 Session Laws shall be deemed repealed if the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, 124 Stat. 119 (2010), as amended by the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, 124 Stat. 1029 (2010) is found to be unconstitutional in its entirety by a final decision of a federal court of competent jurisdiction and all appeals exhausted or time for appeals elapsed.") Source: SL 2005, ch 269, §1; SDCL §58-17C-104; SL 2006, ch 257, §44; SL 2011, ch 219, §98.
SD Codified L § 58-17E-10 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-10 - Review of application.

58-17E-10. Review of application.After the receipt of an application filed pursuant to §58-17E-9, the director shall review the application and notify the applicant of any deficiencies in the application. Source: SL 2006, ch 257, §9.
SD Codified L § 58-17E-11 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-11 - Internet website to be established.

58-17E-11. Internet website to be established.Prior to registration by the director, each discount medical plan organization shall establish an internet website in order to conform to the requirements of §58-17E-31. Source: SL 2006, ch 257, §10.
SD Codified L § 58-17E-12 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-12 - Duration of registration--Renewal applications.

58-17E-12. Duration of registration--Renewal applications.Any registration is effective for one year, unless prior to its expiration the registration is renewed in accordance with this section or suspended or revoked in accordance with §58-17E-14. At least forty-five days before a registration expires, the discount medical plan organization shall submit a renewal application form. Source: SL 2006, ch 257, §11; SL 2008, ch 265, §1.
SD Codified L § 58-17E-13 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-13 - Renewal of registration.

58-17E-13. Renewal of registration.The director shall renew the registration of each holder that meets the requirements of this chapter. Source: SL 2006, ch 257, §12.
SD Codified L § 58-17E-14 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-14 - Nonrenewal, suspension, or revocation of registration.

58-17E-14. Nonrenewal, suspension, or revocation of registration.The director may suspend the authority of a discount medical plan organization to enroll new members or refuse to renew or revoke a discount medical plan organization's registration if the director finds that any of the following conditions exist:(1)The discount medical plan organization is not operating in compliance with this chapter;(2)The discount medical plan organization has advertised, merchandised, or attempted to merchandise its services in such a manner as to misrepresent its services or capacity for service or has engaged in deceptive, misleading, or unfair practices with respect to advertising or merchandising;(3)The discount medical plan organization is not fulfilling its obligations as a discount medical plan organization; or(4)The continued operation of the discount medical plan organization would be hazardous to its members. Source: SL 2006, ch 257, §13.
SD Codified L § 58-17E-15 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-15 - Notice of grounds for nonrenewal, suspension, or revocation--Hearing.

58-17E-15. Notice of grounds for nonrenewal, suspension, or revocation--Hearing.If the director has cause to believe that grounds for the nonrenewal, suspension, or revocation of a registration exists, the director shall notify the discount medical plan organization in writing specifically stating the grounds for the refusal to renew or suspension or revocation and may pursue a hearing on the matter in accordance with the provisions of the chapter 1-26. Source: SL 2006, ch 257, §14.
SD Codified L § 58-17E-16 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-16 - Winding up of affairs.

58-17E-16. Winding up of affairs.If the registration of a discount medical plan organization is surrendered, revoked, or not renewed, the discount medical plan organization shall proceed, immediately following the effective date of the order of revocation or, in the case of a nonrenewal, the date of expiration of the registration, to wind up its affairs transacted under the registration. The discount medical plan organization may not engage in any further advertising, solicitation, collecting of fees or renewal of contracts. Source: SL 2006, ch 257, §15.
SD Codified L § 58-17E-17 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-17 - Duration of suspension--Conditions for reinstatement.

58-17E-17. Duration of suspension--Conditions for reinstatement.The director shall, in its order suspending the authority of the discount medical plan organization to enroll new members, specify the period during which the suspension is to be in effect and the conditions, if any, that shall be met by the discount medical plan organization prior to reinstatement of its registration to enroll members. The director may rescind or modify the order of suspension prior to the expiration of the suspension period. No registration of a discount medical plan organization may be reinstated unless requested by the discount medical plan organization. The director may not grant the request for reinstatement if the director finds that the circumstances for which the suspension occurred still exist or are likely to recur. Source: SL 2006, ch 257, §16.
SD Codified L § 58-17E-18 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-18 - Consent orders.

58-17E-18. Consent orders.In lieu of suspending or revoking a discount medical plan organization's registration pursuant to §58-17E-14, if the discount medical plan organization has been found to have violated any provision of this chapter, the director may enter into a consent order pursuant to §58-4-28.1. Source: SL 2006, ch 257, §17.
SD Codified L § 58-17E-19 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-19 - Registration exception for providers giving discounts to own patients.

58-17E-19. Registration exception for providers giving discounts to own patients.A provider who provides discounts to the provider's own patients without any cost or fee of any kind to the patient is not required to obtain and maintain a registration under this chapter as a discount medical plan organization. Source: SL 2006, ch 257, §18.
SD Codified L § 58-17E-20 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-20 - Surety bond.

58-17E-20. Surety bond.Each registered discount medical plan organization shall maintain in force a surety bond in its own name in an amount not less than twenty thousand dollars and shall be in favor of any person and the director of the Division of Insurance for the benefit of any person who is damaged by any violation of §§58-17E-9, 58-17E-39, 58-17E-41, and 58-17E-45, inclusive, including any violation by the supplier or by any other person that markets, promotes, advertises, or otherwise distributes a discount card on behalf of the supplier. The bond shall cover any violation occurring during the time period during which the bond is in effect. The bond shall be issued by an insurance company licensed to do business in this state. A copy of the bond or a statement identifying the depository, trustee, and account number of the surety account, and thereafter proof of annual renewal of the bond or maintenance of the surety account, shall be filed with the director. Source: SL 2006, ch 257, §20.
SD Codified L § 58-17E-21 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-21 - Deposit in lieu of surety bond.

58-17E-21. Deposit in lieu of surety bond.In lieu of the bond required by §58-17E-20, a registered discount medical plan organization may deposit and maintain deposited with the director, or at the discretion of the director, with any organization or trustee acceptable to the director through which a custodial or controlled account is utilized, cash, securities, or any combination of these or other measures that are acceptable to the director which at all times have a market value of not less than thirty-five thousand dollars. All income from the deposit is an asset of the discount medical plan organization. Source: SL 2006, ch 257, §21.
SD Codified L § 58-17E-22 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-22 - Surety bonds and deposits not subject to levy by claimants.

58-17E-22. Surety bonds and deposits not subject to levy by claimants.Except for the director, the assets or securities held in this state as a deposit pursuant to §§58-17E-20 and 58-17E-21 are not subject to levy by a judgment creditor or other claimant of the discount medical plan organization. Source: SL 2006, ch 257, §22.
SD Codified L § 58-17E-23 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-23 - Examination or investigation of discount medical organization--Expenses.

58-17E-23. Examination or investigation of discount medical organization--Expenses.The director may examine or investigate the business and affairs of any discount medical plan organization to protect the interests of the residents of this state based on the following reasons, including complaint indices, recent complaints, information from other states, or as the director deems necessary. An examination or investigation shall be performed in accordance with the provisions of chapter 58-3. The discount medical plan organization that is the subject of the examination or investigation shall pay the expenses incurred in conducting the examination or investigation. Failure by the discount medical plan organization to pay the expenses is grounds for denial of a registration to operate as a discount medical plan organization or revocation of a registration to operate as a discount medical plan organization.The discount medical plan organization is subject to the provisions of §58-33-66. Source: SL 2006, ch 257, §23.
SD Codified L § 58-17E-24 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-24 - Pro rata reimbursement of charges upon cancellation of membership.

58-17E-24. Pro rata reimbursement of charges upon cancellation of membership.If the discount medical plan organization cancels a membership for any reason other than nonpayment of fees by the member, the discount medical plan organization shall make a pro rata reimbursement of all periodic charges to the member. Source: SL 2006, ch 257, §24.
SD Codified L § 58-17E-25 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-25 - Written materials on member benefits.

58-17E-25. Written materials on member benefits.A discount medical plan organization shall prepare written materials for its members that specifies the benefits a member is to receive under the discount medical plan and that complies with §§58-17E-38, 58-17E-40, and 58-17E-42 to 58-17E-44, inclusive. Source: SL 2006, ch 257, §25.
SD Codified L § 58-17E-26 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-26 - Services to be provided in accordance with written agreement.

58-17E-26. Services to be provided in accordance with written agreement.Any provider offering medical or ancillary services to members shall provide the services in accordance with a written agreement entered into directly by the provider or indirectly by a provider network to which the provider belongs. Source: SL 2006, ch 257, §26.
SD Codified L § 58-17E-27 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-27 - Contents of provider agreement.

58-17E-27. Contents of provider agreement.A provider agreement between a discount medical plan organization and a provider shall provide the following:(1)A list of the medical or ancillary services and products to be provided at a discount;(2)The amount or amounts of the discounts or, alternatively, a fee schedule that reflects the provider's discounted rates; and(3)That the provider will not charge members more than the discounted rates. Source: SL 2006, ch 257, §27.
SD Codified L § 58-17E-28 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-28 - Contents of provider network agreement.

58-17E-28. Contents of provider network agreement.A provider agreement between a discount medical plan organization and a provider network shall require that the provider network have written agreements with its providers that:(1)Contain the provisions described in §58-17E-27;(2)Authorize the provider network to contract with the discount medical plan organization on behalf of the provider; and(3)Require the provider network to maintain an up-to-date list of its contracted providers and to provide the list on a monthly basis to the discount medical plan organization. Source: SL 2006, ch 257, §28.
SD Codified L § 58-17E-29 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-29 - Agreements with entity contracting with provider network.

58-17E-29. Agreements with entity contracting with provider network.A provider agreement between a discount medical plan organization and an entity that contracts with a provider network shall require that the entity, in its contracts with the provider network, require the provider network to have written agreements with its providers that comply with the provisions of §58-17E-28. Source: SL 2006, ch 257, §29.
SD Codified L § 58-17E-30 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-30 - Copies of agreements to be maintained.

58-17E-30. Copies of agreements to be maintained.The discount medical plan organization shall maintain a copy of each active provider agreement into which it has entered. Source: SL 2006, ch 257, §30.
SD Codified L § 58-17E-31 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-31 - Internet website requirements.

58-17E-31. Internet website requirements.Each discount medical plan organization shall maintain on an internet website page an up-to-date list of the names and addresses of the providers with which it has contracted directly or through a provider network. The internet website address shall be prominently displayed on all of its advertisements, marketing materials, brochures, and discount medical plan cards. Source: SL 2006, ch 257, §31.
SD Codified L § 58-17E-32 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-32 - Application of provider agreement requirements.

58-17E-32. Application of provider agreement requirements.The provisions of §§58-17E-26 to 58-17E-31, inclusive, apply to those providers with which the discount medical plan organization has contracted with directly or indirectly as well as those providers that are members of a provider network with which the discount medical plan organization has contracted directly or indirectly. Source: SL 2006, ch 257, §32.
SD Codified L § 58-17E-33 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-33 - Marketing of product--Agreement.

58-17E-33. Marketing of product--Agreement.A discount medical plan organization may market directly or contract with other marketers for the distribution of its product. The discount medical plan organization shall have an executed written agreement with a marketer prior to the marketer's marketing, promoting, selling, or distributing the discount medical plan. Source: SL 2006, ch 257, §33.
SD Codified L § 58-17E-34 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-34 - Contents of marketing agreement.

58-17E-34. Contents of marketing agreement.The agreement between the discount medical plan organization and the marketer shall prohibit the marketer from using advertising, marketing materials, brochures, and discount medical plan cards without the discount medical plan organization's approval in writing. Source: SL 2006, ch 257, §34.
SD Codified L § 58-17E-35 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-35 - Liability for conduct of marketer.

58-17E-35. Liability for conduct of marketer.The discount medical plan organization shall be bound by and is responsible for the activities of a marketer that are within the scope of the marketer's contract with the organization, or are otherwise approved by or under the direction and control of the organization. Source: SL 2006, ch 257, §35.
SD Codified L § 58-17E-36 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-36 - Approval of advertisements and marketing materials.

58-17E-36. Approval of advertisements and marketing materials.A discount medical plan organization shall approve in writing any advertisement, marketing material, brochure, or discount card used by marketers to market, promote, sell, or distribute the discount medical plan prior to their use. Source: SL 2006, ch 257, §36.
SD Codified L § 58-17E-37 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-37 - Submission of advertising and marketing materials to director.

58-17E-37. Submission of advertising and marketing materials to director.Upon request, a discount medical plan organization shall submit to the director any advertising, marketing material, or brochure regarding a discount medical plan. Source: SL 2006, ch 257, §37.
SD Codified L § 58-17E-38 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-38 - Advertisements to be truthful and not misleading.

58-17E-38. Advertisements to be truthful and not misleading.Any advertisement of a discount medical plan organization shall be truthful and not misleading in fact or in implication. An advertisement is misleading if it has a capacity or tendency to mislead or deceive based on the overall impression that the advertisement is reasonably expected to create within the segment of the public to which it is directed. Source: SL 2006, ch 257, §38.
SD Codified L § 58-17E-39 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17E - Discount Medical Plans|Section 58-17E-39 - Disclosure that product is not insurance--Advertisements--Rules--Revocation of registration--Agents.

58-17E-39. Disclosure that product is not insurance--Advertisements--Rules--Revocation of registration--Agents.Any person subject to registration pursuant to §58-17E-9 shall prominently and boldly disclose that the product is not insurance. Any advertisements or solicitations made by such a person are subject to the provisions of §§58-33A-2 to 58-33A-4, inclusive, and §§58-33A-7 to 58-33A-8, inclusive, and §§58-33A-10 to 58-33A-12, inclusive. Any administrative rule promulgated pursuant to §58-33A-7 does not apply to those registered pursuant to the provisions of §§58-17E-9, 58-17E-39, 58-17E-41, and 58-17E-45, inclusive, unless specifically referenced in the rule. If any person fails to comply with these provisions or the provisions of §§58-17E-9, 58-17E-39, 58-17E-41, and 58-17E-45, inclusive, the director may issue an order to cease and desist pursuant to the provisions of chapter 58-4 and may revoke the registration. Any such action by the director is subject to notice and hearing as provided pursuant to chapter 1-26 and §58-4-7. A person acting as an agent as defined in chapter 58-30 who sells, solicits, or negotiates a plan or program containing insurance benefits shall meet the licensing and appointment requirements of that chapter if the person is otherwise required to be licensed pursuant to the provisions of chapter 58-30. Source: SL 2005, ch 269, §2; SDCL §58-17C-105; SL 2015, ch 260, §7.