reglab/housing_qa huggingface dataset:
SD Codified L § 58-29C-56 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29C - Life And Health Insurance Guaranty Association|Section 58-29C-56 - Member assessment as offset against premium tax liability.

58-29C-56. Member assessment as offset against premium tax liability.A. A member insurer may offset against its premium tax liability to this state an assessment described in subpart 58-29C-52H to the extent of twenty percent of the amount of the assessment for each of the five calendar years following the year in which the assessment was paid. If the assessment is five hundred dollars or less, the member insurer shall take the total offset in the first year following the year in which the assessment was paid. However, total assessments offset against premium taxes may not exceed two million dollars in any year. If offsets exceed the annual limitation in this section, the excess may be carried forward to a subsequent year in which the annual limitation has not been exceeded. Any excess shall be apportioned among the contributing insurers in relation to their assessment that caused the limit to be exceeded. In the event a member insurer should cease doing business, all uncredited assessments may be credited against its premium tax liability for the year it ceases doing business.B. Any sums that are acquired by refund, pursuant to subpart 58-29C-52F, from the association by member insurers, and that have been offset against premium taxes as provided in subpart A of this section, shall be paid by the insurers to this state in such manner as the tax authorities may require. The association shall notify the director that refunds have been made. Source: SL 2003, ch 252, §13.
SD Codified L § 58-29C-58 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29C - Life And Health Insurance Guaranty Association|Section 58-29C-58 - Association subject to regulation by director--Financial report.

58-29C-58. Association subject to regulation by director--Financial report.The association is subject to examination and regulation by the director. The board of directors shall submit to the director each year, not later than one hundred twenty days after the association's fiscal year, a financial report in a form approved by the director and a report of its activities during the preceding fiscal year. Upon the request of a member insurer, the association shall provide the member insurer with a copy of the report. Source: SL 2003, ch 252, §15.
SD Codified L § 58-29C-59 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29C - Life And Health Insurance Guaranty Association|Section 58-29C-59 - Association's tax exemption status.

58-29C-59. Association's tax exemption status.The association shall be exempt from payment of all fees and all taxes levied by this state or any of its subdivisions, except taxes levied on real property. Source: SL 2003, ch 252, §16.
SD Codified L § 58-29C-60 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29C - Life And Health Insurance Guaranty Association|Section 58-29C-60 - No liability for performance of powers and duties of association or its members.

58-29C-60. No liability for performance of powers and duties of association or its members.There is no liability on the part of and no cause of action of any nature may arise against any member insurer or its agents or employees, the association or its agents or employees, members of the board of directors, or the director or the director's representatives, for any action or omission by them in the performance of their powers and duties under this chapter. This immunity shall extend to the participation in any organization of one or more other state associations of similar purposes and to any such organization and its agents or employees. Source: SL 2003, ch 252, §17; SL 2013, ch 252, §9.
SD Codified L § 58-29C-61 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29C - Life And Health Insurance Guaranty Association|Section 58-29C-61 - Stay of proceedings against insolvent insurer--Default judgment set aside.

58-29C-61. Stay of proceedings against insolvent insurer--Default judgment set aside.All proceedings in which the insolvent insurer is a party in any court in this state shall be stayed one hundred eighty days from the date an order of liquidation, rehabilitation, or conservation is final to permit proper legal action by the association on any matters germane to its powers or duties. As to judgment under any decision, order, verdict, or finding based on default the association may apply to have such judgment set aside by the same court that made such judgment and shall be permitted to defend against such suit on the merits. Source: SL 2003, ch 252, §18; SL 2013, ch 252, §10.
SD Codified L § 58-29D-1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-1 - Definition of terms.

58-29D-1. Definition of terms.Terms used in this chapter mean:(1)"Affiliate" or "affiliated," any entity or person who directly or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, a specified entity or person;(2)"Underwrites" or "underwriting," the acceptance of employer or individual applications for coverage of individuals in accordance with the written rules of the insurer; the overall planning and coordinating of an insurance program; and the ability to procure bonds and excess insurance. Source: SL 1992, ch 352, §1.
SD Codified L § 58-29D-3 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-3 - Insurer defined.

58-29D-3. Insurer defined.For the purposes of this chapter, an insurer is any person undertaking to provide workers' compensation, life or health insurance coverage in this state. An insurer includes a licensed insurance company, a prepaid hospital or medical care plan, a health maintenance organization, a multiple employer welfare arrangement, or any other person providing a plan of insurance subject to state insurance regulation. The term, insurer, does not include a bona fide employee benefit plan established by an employer or an employee organization, or both, for which the insurance laws of this state are preempted pursuant to the Employee Retirement Income Security Act of 1974. Source: SL 1992, ch 352, §3; SL 2001, ch 285, §2.
SD Codified L § 58-29D-4 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-4 - Written agreement between administrator and insurer.

58-29D-4. Written agreement between administrator and insurer.No administrator may act as such without a written agreement between the administrator and the insurer, and such written agreement shall be retained as part of the official records of both the insurer and the administrator for the duration of the agreement and for five years thereafter. The agreement shall contain all provisions required by this chapter, except insofar as those requirements do not apply to the functions performed by the administrator. Source: SL 1992, ch 352, §4.
SD Codified L § 58-29D-5 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-5 - Provisions of written agreement.

58-29D-5. Provisions of written agreement.The written agreement shall include a statement of duties which the administrator is expected to perform on behalf of the insurer and the lines, classes, or types of insurance for which the administrator is to be authorized to administer. The agreement shall make provision with respect to underwriting or other standards pertaining to the business underwritten by such insurer. Source: SL 1992, ch 352, §5.
SD Codified L § 58-29D-6 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-6 - Termination of written agreement--Suspension of underwriting authority--Dispute.

58-29D-6. Termination of written agreement--Suspension of underwriting authority--Dispute.The insurer or administrator may, with written notice, terminate the written agreement for cause as provided in the agreement. The insurer may suspend the underwriting authority of the administrator during the pendency of any dispute regarding the cause for termination of the written agreement. The insurer must fulfill any lawful obligations with respect to policies affected by the written agreement, regardless of any dispute between the insurer and the administrator. The insurer must file the notice and the reason for termination with the director within thirty days of such termination. Source: SL 1992, ch 352, §6.
SD Codified L § 58-29D-7 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-7 - Status of payment of premiums and return premiums or claim payments to administrator.

58-29D-7. Status of payment of premiums and return premiums or claim payments to administrator.If an insurer utilizes the services of an administrator, the payment to the administrator of any premiums or charges for insurance by or on behalf of the insured party shall be deemed to have been received by the insurer, and the payment of return premiums or claim payments forwarded by the insurer to the administrator may not be deemed to have been paid to the insured party or claimant until such payments are received by the insured party or claimant. Nothing in this section limits any right of the insurer against the administrator resulting from the failure of the administrator to make payments to the insurer, insured parties or claimants. Source: SL 1992, ch 352, §7.
SD Codified L § 58-29D-8 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-8 - Recordkeeping by administrator.

58-29D-8. Recordkeeping by administrator.Every administrator shall maintain and make available to the insurer complete books and records of all transactions performed on behalf of the insurer. The books and records shall be maintained in accordance with prudent standards of insurance record keeping and must be maintained for a period of not less than five years from the date of their creation. Source: SL 1992, ch 352, §8.
SD Codified L § 58-29D-9 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-9 - Director's access to administrator's records--Confidentiality.

58-29D-9. Director's access to administrator's records--Confidentiality.The director shall have access to books and records maintained by an administrator for the purposes of examination, audit, and inspection. Any trade secrets contained in such books and records, including the identity and addresses of policyholders and certificate holders, shall be kept confidential, except that the director may use such information in any proceeding instituted against the administrator. Source: SL 1992, ch 352, §9.
SD Codified L § 58-29D-10 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-10 - Insurer's ownership of administrator's records.

58-29D-10. Insurer's ownership of administrator's records.The insurer shall own the records generated by the administrator pertaining to the insurer. However, the administrator shall retain the right to continuing access to books and records to permit the administrator to fulfill all of its contractual obligations to insured parties, claimants, and the insurer. Source: SL 1992, ch 352, §10.
SD Codified L § 58-29D-11 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-11 - Transfer of records to new administrator.

58-29D-11. Transfer of records to new administrator.In the event the insurer and the administrator cancel their agreement, notwithstanding the provisions of §58-29D-8, the administrator may, by written agreement with the insurer, transfer all records to a new administrator rather than retain them for five years. In such cases, the new administrator shall acknowledge, in writing, that it is responsible for retaining the records for the prior administrator as required in §58-29D-8. Source: SL 1992, ch 352, §11.
SD Codified L § 58-29D-12 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-12 - Advertising--Approval of insurer.

58-29D-12. Advertising--Approval of insurer.An administrator may use only such advertising pertaining to the business underwritten by an insurer as has been approved in writing by the insurer in advance of its use. Source: SL 1992, ch 352, §12.
SD Codified L § 58-29D-13 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-13 - Insurer responsibility for procedures and administration of its programs--Review and audit of administrator.

58-29D-13. Insurer responsibility for procedures and administration of its programs--Review and audit of administrator.If an insurer utilizes the services of an administrator, the insurer shall be responsible for determining the benefits, premium rates, underwriting criteria and claims payment procedures applicable to such coverage and for securing reinsurance, if any. The rules pertaining to these matters shall be provided, in writing, by the insurer to the administrator. The responsibilities of the administrator as to any of these matters shall be set forth in the written agreement between the administrator and the insurer. It is the sole responsibility of the insurer to provide for competent administration of its programs.In cases where an administrator administers benefits for more than one hundred certificate holders on behalf of an insurer, the insurer shall, at least semiannually, conduct a review of the operations of the administrator. At least one such review shall be an on-site audit of the operations of the administrator. Source: SL 1992, ch 352, §13.
SD Codified L § 58-29D-14 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-14 - Fiduciary capacity of administrator--Accounting of underwriting transactions.

58-29D-14. Fiduciary capacity of administrator--Accounting of underwriting transactions.All insurance charges or premiums collected by an administrator on behalf of or for an insurer or insurers, and the return of premiums received from that insurer or insurers, shall be held by the administrator in a fiduciary capacity. Such funds shall be immediately remitted to the person or persons entitled to them or shall be deposited promptly in a fiduciary account established and maintained by the administrator in a federally or state insured financial institution. The written agreement between the administrator and the insurer shall provide for the administrator to periodically render an accounting to the insurer detailing all transactions performed by the administrator pertaining to the business underwritten by the insurer. Source: SL 1992, ch 352, §14.
SD Codified L § 58-29D-15 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-15 - Records of deposits and withdrawals from fiduciary account.

58-29D-15. Records of deposits and withdrawals from fiduciary account.If charges or premiums deposited in a fiduciary account have been collected on behalf of or for one or more insurers, the administrator shall keep records clearly recording the deposits in and withdrawals from the account on behalf of each insurer. The administrator shall keep copies of all the records and, upon request of an insurer, shall furnish the insurer with copies of the records pertaining to such deposits and withdrawals. Source: SL 1992, ch 352, §15.
SD Codified L § 58-29D-16 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-16 - Provisions in written agreement as to withdrawals from fiduciary account.

58-29D-16. Provisions in written agreement as to withdrawals from fiduciary account. The administrator may not pay any claim by withdrawals from a fiduciary account in which premiums or charges are deposited. Withdrawals from such account shall be made as provided in the written agreement between the administrator and the insurer. The written agreement shall address the following:(1)Remittance to an insurer entitled to remittance;(2)Deposit in an account maintained in the name of the insurer;(3)Transfer to and deposit in a claims-paying account;(4)Payment to a group policyholder for remittance to the insurer entitled to such remittance;(5)Payment to the administrator of its commissions, fees or charges; or(6)Remittance of return premium to the person or persons entitled to such return premium. Source: SL 1992, ch 352, §16; SL 2021, ch 210, § 19.
SD Codified L § 58-29D-18 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-18 - Compensation of administrator.

58-29D-18. Compensation of administrator.An administrator may not enter into any agreement or understanding with an insurer in which the effect is to make the amount of the administrator's commissions, fees, or charges contingent upon savings effected in the adjustment, settlement, and payment of losses covered by the insurer's obligations. This section may not prevent the compensation of an administrator from being based on premiums or charges collected or the number of claims paid or processed. This section does not prohibit an administrator from receiving performance-based compensation for providing hospital and other auditing services. Source: SL 1992, ch 352, §18; SL 2013, ch 253, §1.
SD Codified L § 58-29D-19 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-19 - Notice of use of administrator to policyholder--Itemized charges--Disclosure of fees or commissions.

58-29D-19. Notice of use of administrator to policyholder--Itemized charges--Disclosure of fees or commissions.When the services of an administrator are utilized, the administrator shall provide a written notice approved by the insurer to covered individuals advising them of the identity of, and relationship among, the administrator, the policyholder, and the insurer.When an administrator collects funds, the reason for collection of each item must be identified to the insured party and each item must be shown separately from any premium. Additional charges may not be made for services to the extent the services have been paid for by the insurer.The administrator shall disclose to the insurer all charges, fees, and commissions received from all services in connection with the provision of administrative services for such insurer, including any fees or commissions paid by insurers providing reinsurance. Source: SL 1992, ch 352, §19.
SD Codified L § 58-29D-20 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-20 - Delivery of written communications from insurer.

58-29D-20. Delivery of written communications from insurer.Any policies, certificates, booklets, termination notices, or other written communications delivered by the insurer to the administrator for delivery to insured parties or covered individuals shall be delivered by the administrator promptly after receipt of instructions from the insurer to deliver them. Source: SL 1992, ch 352, §20.
SD Codified L § 58-29D-20.1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-20.1 - Annual report to employer of self-funded health benefit plan claims experience.

58-29D-20.1. Annual report to employer of self-funded health benefit plan claims experience.Any administrator for an employer self-funded health benefit plan shall provide, at the written request of the employer, annual reports of the claims experience of that employer for the immediate past policy period and for any time frame that is not more than three years prior to the policy period in which the request was made. No administrator is required to provide any claims information that pertains to a prior administrator's experience with that employer. The claims report shall be of sufficient detail so as to provide the employer with the data necessary to assess the employer's future health benefit coverage needs and shall be provided to the employer within thirty days of receipt of the written request of the employer. Source: SL 2006, ch 261, §1.
SD Codified L § 58-29D-21 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-21 - Administrator's license or registration required.

58-29D-21. Administrator's license or registration required.No person may act as, or offer to act as, or hold himself out to be an administrator in this state without a valid license or registration as an administrator issued by the director. Source: SL 1992, ch 352, §21; SL 2001, ch 285, §3.