reglab/housing_qa huggingface dataset:
SD Codified L § 58-29D-22 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-22 - Application by administrator--Contents--Fee.

58-29D-22. Application by administrator--Contents--Fee.An administrator shall apply to the director upon a form to be furnished by the director. The application shall include or be accompanied by the following information and documents:(1)All basic organizational documents of the administrator, including any articles of incorporation, articles of association, partnership agreement, trade name certificate, trust agreement, shareholder agreement, and other applicable documents, and all amendments to such documents;(2)The bylaws, rules, regulations, or similar documents regulating the internal affairs of the administrator;(3)The names, addresses, official positions, and professional qualifications of the individuals who are responsible for the conduct of affairs of the administrator; including all members of the board of directors, board of trustees, executive committee, or other governing board or committee; the principal officers in the case of a corporation or the partners or members in the case of a partnership or association; shareholders holding directly or indirectly ten percent or more of the voting securities of the administrator; and any other person who exercises control or influence over the affairs of the administrator;(4)Annual financial statements or reports for the two most recent years which prove that the applicant is solvent and such information as the director may require in order to review the current financial condition of the applicant;(5)A statement describing the business plan including information on staffing levels and activities proposed in this state and nationwide. The plan shall provide details setting forth the administrator's capability for providing a sufficient number of experienced and qualified personnel in the areas of claims processing, record keeping, and underwriting;(6)If the applicant will be managing the solicitation of new or renewal business, proof that it employs or has contracted with an insurance producer licensed by this state for solicitation and taking of applications. Any applicant shall provide proof that it has a license as a life and health insurance producer in this state; and(7)Information regarding administrative actions, criminal convictions, or guilty pleas.The director may request additional information if the information provided pursuant to this section is inaccurate, incomplete, or unclear. If an applicant fails to provide the requested information within thirty days of the receipt of the any written request pursuant to subdivisions (1) to (7), inclusive, it is grounds for denial of an application.Any material change in the above information shall be filed with the director within thirty days. A filing fee of five hundred dollars shall accompany the application. Source: SL 1992, ch 352, §22; SL 2001, ch 286, §153; SL 2013, ch 253, §2.
SD Codified L § 58-29D-22.1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-22.1 - Annual financial statement--Contents of application--Required audit.

  58-29D-22.1  .  Annual financial statement--Contents of application--Required audit.   Any annual financial statement or report required under §58-29D-22 must be audited. The applicant is presumed to be solvent if the applicant has a positive net worth.   If the applicant has been in existence for less than two fiscal years, the applicant shall include in the application all financial statements or reports, certified by an officer of the applicant and prepared in accordance with generally accepted accounting principles, for any completed fiscal year and for any month during the current fiscal year for which the financial statements or reports have been completed. If information provided pursuant to this section is prepared on a consolidated or combined basis, the applicant shall include a columnar consolidating or combining worksheet with the report or renewal and shall include in the worksheet the following:   (1) Amounts shown on the consolidated audited financial report or renewal;   (2) Amounts for each entity stated separately; and   (3) Explanations of consolidating and eliminating entries.     Source:  SL 2020, ch 211, § 1.
SD Codified L § 58-29D-23 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-23 - Inspection of applicant's contracts.

58-29D-23. Inspection of applicant's contracts.The applicant shall make available for inspection by the director copies of all contracts with insurers or other persons utilizing the services of the administrator. Source: SL 1992, ch 352, §23.
SD Codified L § 58-29D-24 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-24 - Denial of license.

58-29D-24. Denial of license.The director may not issue a license if the director determines that the administrator, or any individual responsible for the conduct of affairs of the administrator as defined in subdivision 58-29D-22(3), is not qualified for licensure by reason of §58-30-167. Source: SL 1992, ch 352, §24; SL 2002, ch 240, §1.
SD Codified L § 58-29D-25 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-25 - Validity of license.

58-29D-25. Validity of license.A license issued under this chapter shall remain valid, unless surrendered, suspended, or revoked by the director, for so long as the administrator continues in business in this state and remains in compliance with this chapter. Source: SL 1992, ch 352, §25.
SD Codified L § 58-29D-26 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-26 - Conditions not requiring license.

58-29D-26. Conditions not requiring license.An administrator is not required to hold a license as an administrator in this state if all of the following conditions are met:(1)The administrator has its principal place of business in another state;(2)The administrator is not soliciting business as an administrator in this state;(3)In the case of any group policy or plan of insurance serviced by the administrator and less than one hundred certificate holders reside in this state. Source: SL 1992, ch 352, §26.
SD Codified L § 58-29D-27 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-27 - Servicer of certain employee benefit plans--Exempt from licensure--Requirements.

58-29D-27. Servicer of certain employee benefit plans--Exempt from licensure--Requirements.A person is not required to hold a license as an administrator in this state if the person exclusively provides services to one or more bona fide employee benefit plans, each of which is established by an employer or an employee organization, or both, and for which the insurance laws of this state are preempted pursuant to the Employee Retirement Income Security Act of 1974. Any person not required to hold a license shall register with the director annually, verifying the person's status if the person directly or indirectly underwrites, collects charges or premiums from, or adjusts or settles claims of residents of this state in connection with a self-funded plan other than a governmental or church plan offering life, annuity, or health coverage. Source: SL 1992, ch 352, §27; SL 2020, ch 211, § 2.
SD Codified L § 58-29D-28 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-28 - Notice of administrator's change in circumstance.

58-29D-28. Notice of administrator's change in circumstance.An administrator shall immediately notify the director of any material change in its ownership, control, or other fact or circumstance affecting its qualification for a license in this state. Source: SL 1992, ch 352, §28.
SD Codified L § 58-29D-29 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-29 - Waiver of application requirements.

58-29D-29. Waiver of application requirements.Upon request from an administrator, the director may waive the application requirements of §58-29D-22 if the administrator has a valid license as an administrator issued in a state which has standards for administrators that are at least as stringent as those contained in this chapter. If waived, the administrator shall register with the director in this state. The waiver shall automatically lapse if the third party administrator granted a waiver is no longer licensed in the state for which the waiver was granted. Any waiver given by this section does not extend to any suspension or revocation of licensure or registration pursuant to §58-29D-31. Source: SL 1992, ch 352, §29; SL 2001, ch 285, §4.
SD Codified L § 58-29D-30 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-30 - Annual renewal of administrator--Fee--Lapse of license or registration.

58-29D-30. Annual renewal of administrator--Fee--Lapse of license or registration.Each administrator licensed or registered shall file an annual renewal for the preceding calendar year with the director on or before July first of each year, or within such extension of time as the director for good cause may grant. The renewal shall be in the form and contain such matters as the director prescribes and shall be verified by at least two officers of the administrator. The annual renewal shall include the complete names and addresses of all insurers with which the administrator had an agreement during the preceding fiscal year. At the time of filing its annual renewal, the administrator shall pay a filing fee of two hundred fifty dollars. Failure to file such renewal shall result in lapsing of the license or registration of the administrator. Source: SL 1992, ch 352, §30; SL 1999, ch 255, §1; SL 2012, ch 248, §1.
SD Codified L § 58-29D-31 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-31 - Grounds for denial, suspension, or revocation of license or registration.

58-29D-31. Grounds for denial, suspension, or revocation of license or registration.The application or annual renewal shall be denied and the license or registration of an administrator shall be suspended or revoked if the director finds that the administrator or applicant:(1)Is in an unsound financial condition;(2)Is using such methods or practices in the conduct of its business so as to render its further transaction of business in this state hazardous or injurious to insured persons or the public;(3)Has failed to pay any judgment rendered against it in this state within sixty days after the judgment has become final;(4)Has violated any lawful rule or order of the director or any provision of the insurance laws of this state;(5)Has refused to be examined or to produce its accounts, records, and files for examination, or if any of its officers has refused to give information with respect to its affairs or has refused to perform any other legal obligation as to such examination, if required by the director;(6)Has, without just cause, refused to pay proper claims or perform services arising under its contracts or has, without just cause, caused covered individuals to accept less than the amount due them or caused covered individuals to employ attorneys or bring suit against the administrator to secure full payment or settlement of such claims;(7)Is affiliated with or under the same general management or interlocking directorate or ownership as another administrator or insurer which unlawfully transacts business in this state without having a license;(8)At any time fails to meet any qualification for which issuance of the certificate could have been refused had such failure then existed and been known to the Division of Insurance;(9)Has been convicted of, or has entered a plea of guilty or nolo contendere to, a felony without regard to whether adjudication was withheld;(10)Is under suspension or revocation in another state; or(11)Has supplied false information to the director. Source: SL 1992, ch 352, §31; SL 2001, ch 285, §5; SL 2013, ch 253, §3.
SD Codified L § 58-29D-32 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-32 - Immediate suspension of license--No notice required.

58-29D-32. Immediate suspension of license--No notice required.The director may, in his discretion and without advance notice of hearing thereon, immediately suspend the certificate of any administrator if the director finds that one or more of the following circumstances exist:(1)The administrator is insolvent or impaired;(2)A proceeding for receivership, conservatorship, rehabilitation, or other delinquency proceeding regarding the administrator has been commenced in any state;(3)The financial condition or business practices of the administrator otherwise pose an imminent threat to the public health, safety, or welfare of the residents of this state. Source: SL 1992, ch 352, §32.
SD Codified L § 58-29D-32.1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-32.1 - Notice of denial of application or renewal--Request for hearing--Hearing on suspension or revocation--Notice.

58-29D-32.1. Notice of denial of application or renewal--Request for hearing--Hearing on suspension or revocation--Notice.If the director denies an application or annual renewal for a license or registration, the director shall notify the applicant or licensee and advise, in writing, the applicant or licensee of the reason for the denial. The applicant or licensee may make a written request to the director within thirty days of the date of the denial for a hearing to determine the reasonableness of the director's action. A notice of hearing shall be issued within thirty days of receipt of a written request.The director shall suspend for not more than twelve months, or may revoke or refuse to continue, any license or registration issued under this chapter after a hearing. Notice of such hearing and of the charges against the licensee or registrant pursuant to §58-29D-31 shall be given at least twenty days before a hearing. Notice of hearing shall be issued within twenty days of the director's suspension under §58-29D-32 which shall include the reasons for suspension and may include grounds for revocation under §58-29D-31. Any hearing under §58-29D-32 shall be held within thirty days of the date of the director's suspension.Any hearing under the provisions of this section shall be held pursuant to chapter 1-26. Nothing in this section or §58-29D-31 applies to a renewal which is lapsed pursuant to §58-29D-30. Source: SL 2013, ch 253, §4.
SD Codified L § 58-29D-33 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-33 - Money penalty in lieu of suspension or revocation.

58-29D-33. Money penalty in lieu of suspension or revocation.If the director finds that one or more grounds exist for the denial of an application, suspension, or revocation of a license issued under this chapter, the director may, in lieu of denial, suspension, or revocation, impose a money penalty pursuant to §58-4-28.1. Source: SL 1992, ch 352, §33; SL 2000, ch 235, §2.
SD Codified L § 58-29D-34 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29D - Regulation Of Life And Health Administrators|Section 58-29D-34 - Promulgation of rules.

58-29D-34. Promulgation of rules.The director may promulgate rules pursuant to chapter 1-26 to provide for the enforcement and administration necessary to administer this chapter. Source: SL 1992, ch 352, §34.
SD Codified L § 58-29E-2 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29E - Pharmacy Benefits Management|Section 58-29E-2 - Pharmacy benefits manager licensed as third party administrator.

58-29E-2. Pharmacy benefits manager licensed as third party administrator.No person or entity may perform or act as a pharmacy benefits manager in this state without a valid license to operate as a third party administrator pursuant to chapter 58-29D. Sections 58-29D-26 and 58-29D-29 do not apply to pharmacy benefits managers. Source: SL 2004, ch 311, §2; SL 2013, ch 253, §5.
SD Codified L § 58-29E-3 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29E - Pharmacy Benefits Management|Section 58-29E-3 - Manager to perform duties in good faith.

58-29E-3. Manager to perform duties in good faith.Each pharmacy benefits manager shall perform its duties exercising good faith and fair dealing toward the covered entity. Source: SL 2004, ch 311, §3.
SD Codified L § 58-29E-4 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29E - Pharmacy Benefits Management|Section 58-29E-4 - Disclosure by manager of revenues received from pharmaceutical manufacturer or labeler under contract with manager--Content--Fees.

58-29E-4. Disclosure by manager of revenues received from pharmaceutical manufacturer or labeler under contract with manager--Content--Fees.A covered entity may request that any pharmacy benefits manager with which it has a pharmacy benefits management services contract disclose to the covered entity, the amount of all rebate revenues and the nature, type, and amounts of all other revenues that the pharmacy benefits manager receives from each pharmaceutical manufacturer or labeler with whom the pharmacy benefits manager has a contract. The pharmacy benefits manager shall disclose in writing:(1)The aggregate amount, and for a list of drugs to be specified in the contract, the specific amount, of all rebates and other retrospective utilization discounts received by the pharmacy benefits manager directly or indirectly, from each pharmaceutical manufacturer or labeler that are earned in connection with the dispensing of prescription drugs to covered individuals of the health benefit plans issued by the covered entity or for which the covered entity is the designated administrator;(2)The nature, type, and amount of all other revenue received by the pharmacy benefits manager directly or indirectly from each pharmaceutical manufacturer or labeler for any other products or services provided to the pharmaceutical manufacturer or labeler by the pharmacy benefits manager with respect to programs that the covered entity offers or provides to its enrollees; and(3)Any prescription drug utilization information requested by the covered entity relating to covered individuals.A pharmacy benefits manager shall provide such information requested by the covered entity for such disclosure within thirty days of receipt of the request. If requested, the information shall be provided no less than once each year. The contract entered into between the pharmacy benefits manager and the covered entity shall set forth any fees to be charged for drug utilization reports requested by the covered entity. Source: SL 2004, ch 311, §4.
SD Codified L § 58-29E-5 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29E - Pharmacy Benefits Management|Section 58-29E-5 - Permission of entity required to contact covered individual--Exception.

58-29E-5. Permission of entity required to contact covered individual--Exception.A pharmacy benefits manager, unless authorized pursuant to the terms of its contract with a covered entity, may not contact any covered individual without express written permission of the covered entity. Source: SL 2004, ch 311, §5.
SD Codified L § 58-29E-6 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29E - Pharmacy Benefits Management|Section 58-29E-6 - Confidentiality of information--Injunction--Damages.

58-29E-6. Confidentiality of information--Injunction--Damages.Except for utilization information, a covered entity shall maintain any information disclosed in response to a request pursuant to §58-29E-4 as confidential and proprietary information, and may not use such information for any other purpose or disclose such information to any other person except as provided in this chapter or in the pharmacy benefits management services contract between the parties. Any covered entity who discloses information in violation of this section is subject to an action for injunctive relief and is liable for any damages which are the direct and proximate result of such disclosure. Nothing in this section prohibits a covered entity from disclosing confidential or proprietary information to the director, upon request. Any such information obtained by the director is confidential and privileged and is not open to public inspection or disclosure. Source: SL 2004, ch 311, §6.
SD Codified L § 58-29E-7 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 29E - Pharmacy Benefits Management|Section 58-29E-7 - Audits of manager's books and records .

58-29E-7. Audits of manager's books and records.The covered entity may have the pharmacy benefits manager's books and records related to the rebates or other information described in subdivisions 58-29E-4(1), (2), and (3), to the extent the information relates directly or indirectly to such covered entity's contract, audited in accordance with the terms of the pharmacy benefits management services contract between the parties. However, if the parties have not expressly provided for audit rights and the pharmacy benefits manager has advised the covered entity that other reasonable options are available and subject to negotiation, the covered entity may have such books and records audited as follows:(1)Such audits may be conducted no more frequently than once in each twelve-month period upon not less than thirty business days' written notice to the pharmacy benefits manager;(2)The covered entity may select an independent firm to conduct such audit, and such independent firm shall sign a confidentiality agreement with the covered entity and the pharmacy benefits manager ensuring that all information obtained during such audit will be treated as confidential. The firm may not use, disclose, or otherwise reveal any such information in any manner or form to any person or entity except as otherwise permitted under the confidentiality agreement. The covered entity shall treat all information obtained as a result of the audit as confidential, and may not use or disclose such information except as may be otherwise permitted under the terms of the contract between the covered entity and the pharmacy benefits manager or if ordered by a court of competent jurisdiction for good cause shown;(3)Any such audit shall be conducted at the pharmacy benefits manager's office where such records are located, during normal business hours, without undue interference with the pharmacy benefits manager's business activities, and in accordance with reasonable audit procedures. Source: SL 2004, ch 311, §7.