reglab/housing_qa huggingface dataset:
SD Codified L § 58-17A-3 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17A - Medicare Supplement Policies|Section 58-17A-3 - Preexisting conditions--Policy provisions.

58-17A-3. Preexisting conditions--Policy provisions.Notwithstanding any other provision of law, a medicare supplement policy or certificate may not exclude or limit benefits for losses incurred more than six months from the effective date of coverage for a preexisting condition. The policy or certificate may not define a preexisting condition more restrictively than a condition for which medical advice was given or treatment was recommended by or received from a physician within six months before the effective date of coverage. Source: SL 1982, ch 360, §3; SL 1992, ch 347, §3.
SD Codified L § 58-17A-3.1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17A - Medicare Supplement Policies|Section 58-17A-3.1 - Preexisting conditions provision prohibited in replacement policy--Exception.

58-17A-3.1. Preexisting conditions provision prohibited in replacement policy--Exception.A policy or certificate of insurance providing medicare supplement benefits which is sold to a consumer to replace an existing, in-force medicare supplement policy may not contain any provision limiting payment of benefits due to preexisting conditions of the insured except, if there is any time period remaining relating to the exclusion of coverage for preexisting conditions as specified in the underlying policy, that remaining waiting period for coverage of preexisting conditions shall apply to the new policy unless the policy otherwise provides a lesser waiting period. The waiver applies to all time periods applicable to preexisting conditions, waiting periods, elimination periods, and probationary periods in the new medicare supplement. Source: SL 1989, ch 432, §1; SL 1997, ch 291, §2.
SD Codified L § 58-17A-4 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17A - Medicare Supplement Policies|Section 58-17A-4 - Reasonable benefits required--Regulations to establish minimum standard from loss ratios--Policies issued through mail or mass media advertising.

58-17A-4. Reasonable benefits required--Regulations to establish minimum standard from loss ratios--Policies issued through mail or mass media advertising.Medicare supplement policies shall return to policyholders benefits which are reasonable in relation to the premium charged. The director shall issue regulations to establish minimum standards for loss ratios of medicare supplement policies on the basis of incurred claims experience or incurred health care expenses where coverage is provided by a health maintenance organization on a service rather than reimbursement basis and earned premiums and in accordance with accepted actuarial principles and practices. For purposes of regulations issued pursuant to this section, medicare supplement policies issued as a result of solicitations of individuals through the mail or mass media advertising, including both print and broadcast advertising, shall be treated as individual policies. Source: SL 1982, ch 360, §4; SL 1989, ch 431, §3; SL 1992, ch 347, §4.
SD Codified L § 58-17A-5 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17A - Medicare Supplement Policies|Section 58-17A-5 - Outline of coverage delivered at time of application for insurance.

58-17A-5. Outline of coverage delivered at time of application for insurance.To provide for full and fair disclosure in the sale of medicare supplement policies, no medicare supplement policy or certificate may be delivered or issued for delivery in this state and no certificate may be delivered pursuant to a group medicare supplement policy delivered or issued for delivery in this state unless an outline of coverage is delivered to the applicant at the time application is made. The director shall prescribe the format and content of the outline of coverage required by this section. For purposes of this section, "format" means style, arrangements, and overall appearance, including such items as size, color, and prominence of type and the arrangement of text and captions. The outline of coverage shall include:(1)A description of the principal benefits and coverage provided in the policy;(2)A statement of the exceptions, reductions and limitations contained in the policy;(3)A statement of the renewal provisions, including any reservation by the issuer of a right to change premiums and disclosure of the existence of any automatic renewal premium increases based on the policyholder's age; and(4)A statement that the outline of coverage is a summary of the policy issued or applied for and that the policy should be consulted to determine governing contractual provisions. Source: SL 1982, ch 360, §5; SL 1992, ch 347, §6.
SD Codified L § 58-17A-6 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17A - Medicare Supplement Policies|Section 58-17A-6 - Informational brochures.

58-17A-6. Informational brochures.The director may prescribe by regulation a standard form and the contents of an informational brochure for persons eligible for medicare which is intended to improve the buyer's ability to select the most appropriate coverage and improve the buyer's understanding of medicare. Except in the case of direct response insurance policies or certificates, the director may require by regulation that the information brochure be provided to any prospective insureds eligible for medicare concurrently with delivery of the outline of coverage. With respect to direct response insurance policies or certificates, the director may require by regulation that the prescribed brochure be provided upon request to any prospective insureds eligible for medicare but in no event later than the time of policy delivery. Source: SL 1982, ch 360, §6; SL 1992, ch 347, §7.
SD Codified L § 58-17A-7 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17A - Medicare Supplement Policies|Section 58-17A-7 - Health insurance policies--Requirements for information regarding medicare coverage.

58-17A-7. Health insurance policies--Requirements for information regarding medicare coverage.The director may promulgate rules pursuant to chapter 1-26 for captions or notice requirements determined to be in the public interest and designed to inform prospective insureds that particular insurance coverages are not medicare supplement coverages, for all health insurance policies sold to persons eligible for medicare other than medicare supplement policies and disability income policies.The director may promulgate rules pursuant to chapter 1-26 to govern the full and fair disclosure of information, marketing, and conduct of insurance producers in connection with the replacement of health insurance policies, subscriber contracts, and certificates by persons eligible for medicare. Source: SL 1982, ch 360, §7; SL 1989, ch 431, §7; SL 1992, ch 347, §8; SL 1996, ch 293, §2; SL 1997, ch 291, §1; SL 2001, ch 286, §119.
SD Codified L § 58-17A-8 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17A - Medicare Supplement Policies|Section 58-17A-8 - Notice of right to return and right to premium refund printed in medicare supplement policies and certificates--Payment of refund.

58-17A-8. Notice of right to return and right to premium refund printed in medicare supplement policies and certificates--Payment of refund.Medicare supplement policies and certificates shall have a notice prominently printed on the first page of the policy or attached thereto stating in substance that the applicant shall have the right to return the policy or certificate within thirty days of its delivery and to have the premium refunded if, after examination of the policy or certificate, the applicant is not satisfied for any reason.Any refund made pursuant to this section shall be paid directly to the applicant by the issuer within thirty days of receipt of the returned policy. Source: SL 1982, ch 360, §8; SL 1989, ch 431, §8; SL 1992, ch 347, §9.
SD Codified L § 58-17A-8.1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17A - Medicare Supplement Policies|Section 58-17A-8.1 - Issuance of policies by insurance company, nonprofit hospital service plan, medical service corporation, or fraternal benefit society--Delivery receipts--Certificates of mailing--Term of retention.

58-17A-8.1. Issuance of policies by insurance company, nonprofit hospital service plan, medical service corporation, or fraternal benefit society--Delivery receipts--Certificates of mailing--Term of retention.An issuer shall issue policies in this state for which an examination period is required in accordance with one of the following methods:(1)If the policy is delivered by an insurance producer, a receipt shall be signed by the policyowner acknowledging delivery of the policy. The receipt shall include the policy number and the date of the delivery;(2)If the policy is delivered by mail, it shall be sent by registered or certified mail, return receipt requested, or a certificate of mailing shall be obtained showing the date the policy was mailed to the policyowner. For policy issuances verified by a certificate of mailing, it is presumed that the policy is received by the policyowner ten days from the date of mailing.The receipts and the certificates of mailing described in this section shall be retained by the issuer for five years. If a producer obtains the delivery receipt, the producer shall forward the signed delivery receipt to the insurer. Source: SL 1982, ch 28, §18; SL 1987, ch 374, §4; SL 1992, ch 347, §10; SL 2001, ch 286, §120; SL 2003, ch 249, §1.
SD Codified L § 58-17A-9 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17A - Medicare Supplement Policies|Section 58-17A-9 - Regulations subject to Administrative Procedures Act.

58-17A-9. Regulations subject to Administrative Procedures Act.Regulations promulgated pursuant to this chapter shall be subject to the provisions of chapter 1-26. Source: SL 1982, ch 360, §9.
SD Codified L § 58-17A-10 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17A - Medicare Supplement Policies|Section 58-17A-10 - Filing requirements--Master policy--Rates, rating schedules, and supporting documentation--Riders or amendments to delete outpatient prescription drug benefits.

58-17A-10. Filing requirements--Master policy--Rates, rating schedules, and supporting documentation--Riders or amendments to delete outpatient prescription drug benefits.Every issuer providing group medicare supplement insurance benefits to a resident of this state shall file a copy of the master policy and any certificate used in this state in accordance with the filing requirements and procedures applicable to group medicare supplement policies issued in this state.Every issuer providing medicare supplement policies or certificates in this state shall annually file its rates, rating schedule, and supporting documentation demonstrating that it is in compliance with the applicable loss ratio standards of this state. All filings of rates and rating schedules shall demonstrate that the actual and expected losses in relation to premiums comply with the requirements of this chapter.An issuer shall file any riders or amendments to policy or certificate forms to delete outpatient prescription drug benefits as required by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 for any policy or certificate issued in this state. Source: SL 1989, ch 431, §4; SL 1992, ch 347, §11; SL 2005, ch 267, §2.
SD Codified L § 58-17A-11 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17A - Medicare Supplement Policies|Section 58-17A-11 - Premiums to be adjusted to produce a loss ratio conforming with minimum standards--Form of adjustments.

58-17A-11. Premiums to be adjusted to produce a loss ratio conforming with minimum standards--Form of adjustments.Every issuer providing medicare supplement insurance or benefits to a resident of this state shall make premium adjustments as are necessary to produce an expected loss ratio under a policy or certificate as will conform with minimum loss ratio standards for medicare supplement policies and certificates which is expected to result in a loss ratio at least as great as that originally anticipated in the rates used to produce current premiums by the issuer. No premium adjustment which would modify the loss ratio experience under the policy other than the adjustments described herein may be made with respect to a policy at any time other than upon its renewal date. Premium adjustments shall be in the form of refunds or premium credits and shall be made no later than upon renewal if a credit is given, or within sixty days of the renewal date if a refund is provided to the premium payer. Source: SL 1989, ch 431, §5; SL 1992, ch 347, §12.
SD Codified L § 58-17A-13 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17A - Medicare Supplement Policies|Section 58-17A-13 - Review of advertisements of issuers providing medicare supplement insurance.

58-17A-13. Review of advertisements of issuers providing medicare supplement insurance.Every issuer providing medicare supplement insurance policies or certificates in this state shall provide, prior to its use, a copy of any advertisement used in this state whether through written, radio, or television medium to the director for review. Source: SL 1989, ch 431, §9; SL 1992, ch 347, §13.
SD Codified L § 58-17A-14 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17A - Medicare Supplement Policies|Section 58-17A-14 - Requirements for replacement of policy.

58-17A-14. Requirements for replacement of policy.An issuer replaces a medicare supplement policy if:(1)The issuer discontinues or does not renew a medicare supplement policy and offers an alternative medicare supplement policy to its insured; or(2)The newer policy has an effective date which coincides with or which is within thirty days after the date the older policy covering that same insured discontinued. An issuer does not violate medicare supplement replacement requirements unless that issuer or its representative knew or reasonably should have known of the older policy. Source: SL 1989, ch 432, §2; SL 1992, ch 347, §14; SL 1993, ch 361; SL 1995, ch 279.
SD Codified L § 58-17A-15 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17A - Medicare Supplement Policies|Section 58-17A-15 - Sale of second policy prohibited except as replacement--Liability of issuer.

58-17A-15. Sale of second policy prohibited except as replacement--Liability of issuer.No issuer or insurance producer may sell a medicare supplement policy to a person who has an existing, in force medicare supplement policy unless the issuer or insurance producer is replacing the existing coverage. However, no issuer is liable beyond a refund of premium for the duplication of such medicare supplement coverage when a statement, signed by the insured, is obtained from the insured verifying that no other medicare supplement coverage is then in effect. Source: SL 1989, ch 432, §3; SL 1992, ch 347, §15; SL 2001, ch 286, §121.
SD Codified L § 58-17A-16 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17A - Medicare Supplement Policies|Section 58-17A-16 - Additional penalties for violation of title.

58-17A-16. Additional penalties for violation of title.In addition to any other applicable penalties or other administrative remedies for violations of this title, the director may require issuers violating any provision of this chapter or rules promulgated pursuant to this chapter to cease marketing any medicare supplement policy or certificate in this state which is related directly or indirectly to a violation, or may require such issuer to take such actions as are necessary to comply with the provisions of this chapter, or both. Source: SL 1992, ch 347, §16.
SD Codified L § 58-17A-17 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17A - Medicare Supplement Policies|Section 58-17A-17 - Conditional or discriminatory policy or certificate prohibited.

58-17A-17. Conditional or discriminatory policy or certificate prohibited.No issuer may deny or condition the issuance or effectiveness of any medicare supplement policy or certificate available for sale in this state, nor discriminate in the pricing of a policy or certificate because of the health status, claims experience, receipt of health care, or medical condition of an applicant if an application for a policy or certificate is submitted prior to or during the six-month period beginning with the first day of the month in which an individual is sixty-five years of age or older and is enrolled for benefits under medicare part B. Each medicare supplement policy and certificate currently available from an issuer shall be made available to all applicants who qualify under this section without regard to age.This does not prevent the exclusion of benefits under a policy or certificate during the first six months based on a preexisting condition for which the policyholder or certificate holder received treatment or was otherwise diagnosed during the six months before the policy or certificate became effective. Source: SL 1992, ch 347, §17; SL 1996, ch 293, §3.
SD Codified L § 58-17B-1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17B - Standards For Long-Term Care Insurance|Section 58-17B-1 - Scope.

58-17B-1. Scope.This chapter applies to policies delivered or issued for delivery in this state on or after July 1, 1989. This law does not supersede the obligations of entities subject to this chapter to comply with other applicable insurance laws insofar as they do not conflict with this chapter. Laws and rules designed and intended to apply to medicare supplement insurance policies may not be applied to long-term care insurance. A policy which is not advertised, marketed, or offered as long-term care insurance or nursing facility insurance need not meet the requirements of this chapter. Source: SL 1989, ch 440, §1.
SD Codified L § 58-17B-3 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17B - Standards For Long-Term Care Insurance|Section 58-17B-3 - Minimum requirements for individual policy.

58-17B-3. Minimum requirements for individual policy.An individual policy delivered or issued for delivery may not contain provisions less favorable to the insured than "guaranteed renewable" for life. Source: SL 1989, ch 440, §3.
SD Codified L § 58-17B-4 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17B - Standards For Long-Term Care Insurance|Section 58-17B-4 - Adoption of rules--Standards for disclosure.

58-17B-4. Adoption of rules--Standards for disclosure.The director may adopt rules, pursuant to chapter 1-26, that include standards for full and fair disclosure setting forth the manner, content, and required disclosures for the sale of long-term care insurance policies, terms of renewability, initial and subsequent conditions of eligibility, nonduplication of coverage provisions, coverage of dependents, preexisting conditions, termination of insurance, continuation or conversion, probationary periods, limitations, exceptions, reductions, elimination periods, requirements for replacement, recurrent conditions, marketing, and definitions of terms.The director shall develop minimum standards for benefits contained in the marketing and sale of long-term care coverage or other coverages containing long-term care benefits which do not provide institutional care benefits. The standards shall be established by rules promulgated pursuant to chapter 1-26. The standards shall take into consideration the special status of persons in the long-term care insurance market and be designed to afford protection of the public through disclosure and other informational requirements, minimum requirements for coverages and exclusions contained in such policies or certificates, prohibition or prescription of marketing or sales practices, financial and solvency requirements, disclosure and requirements relating to incontestability, and requirements for the continuity of coverage through continuation, conversion, or reinstatement. The director shall design standards to prohibit unjust, unfair, or discriminatory treatment of any person insured or proposed for coverage under this chapter. The director may adopt nationally developed standards to the extent that those standards are appropriate for the state considering the impact on the availability and cost of the insurance and the health care delivery system existing in South Dakota. The standards may include minimum amounts of coverage not otherwise specified in this chapter; the definitions; type, number, and use of benefit triggers such as activities of daily living, the types of facilities, and criteria for reimbursement for assisted living centers; requirements for home health care and home health agencies; the content and use of application forms; when and how coverage must be extended; and reports from insurers and others engaged in the business of long-term care insurance relating to how insureds have been treated and how compliance with this chapter has been achieved. Source: SL 1989, ch 440, §4; SL 1996, ch 294.
SD Codified L § 58-17B-5 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17B - Standards For Long-Term Care Insurance|Section 58-17B-5 - Grounds for termination and certain provisions prohibited.

58-17B-5. Grounds for termination and certain provisions prohibited.No long-term care insurance policy may:(1)Be cancelled, nonrenewed, or otherwise terminated on the grounds of the age or the deterioration of the mental or physical health of the insured individual or certificate holder; or(2)Contain a provision establishing a new waiting period in the event existing coverage is converted to or replaced by a new or other form within the same company, except with respect to an increase in benefits voluntarily selected by the insured individual or group policyholder; or(3)Provide coverage for skilled nursing care only or provide significantly more coverage for skilled care in a facility than coverage for lower levels of care. Source: SL 1989, ch 440, §5; SL 1990, ch 398, §1.
SD Codified L § 58-17B-5.1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 17B - Standards For Long-Term Care Insurance|Section 58-17B-5.1 - Replacement of policy--Waiver of time periods.

58-17B-5.1. Replacement of policy--Waiver of time periods.If a long-term care policy replaces another long-term care policy issued by the company or by an affiliated company, the insurer shall waive any time period applicable to preexisting conditions, waiting periods, elimination periods, and probationary periods in the new long-term care policy for similar benefits to the extent such time was spent under the original policy. Source: SL 1990, ch 398, §2.