reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 18B - Regulation Of Small Businesses' Group And Blanket Health Insurance › Section 58-18B-40 - Agent compensation based on characteristics of small employer prohibited--Commission on sale of health insurance plan through exchange.

58-18B-40. Agent compensation based on characteristics of small employer prohibited--Commission on sale of health insurance plan through exchange.
No small employer carrier may, directly or indirectly, enter into any contract, agreement, or arrangement with an insurance producer that provides for or results in the compensation paid to an agent for the sale of a health benefit plan to be varied because of the health status, claims experience, industry, occupation, or geographic location of the small employer.
Any qualified health plan sold in South Dakota through a health care exchange, as mandated by the Patient Protection and Affordable Care Act of 2010, shall provide for placement through a licensed insurance producer upon enrollment. Any commission paid by a health insurance carrier for the sale of a health insurance plan through a health exchange shall be the same as commission paid by the same health insurance carrier outside the exchange for a similar plan.
Source:
SL 1995, ch 281, §35; SL 2001, ch 286, §125; SL 2013, ch 249, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 18B - Regulation Of Small Businesses' Group And Blanket Health Insurance › Section 58-18B-41 - Compensation of insurance producer based on percentage of premium.

58-18B-41. Compensation of insurance producer based on percentage of premium.
The provisions of §58-18B-40 do not apply with respect to a compensation arrangement that provides compensation to an insurance producer on the basis of percentage of premium, if the percentage does not vary because of the health status, claims experience, industry, occupation, or geographic area of the small employer.
Source:
SL 1995, ch 281, §36; SL 2001, ch 286, §126.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 18B - Regulation Of Small Businesses' Group And Blanket Health Insurance › Section 58-18B-43 - Status of insurance producer's employment may not be affected by health status, claims experience, occupation, or location of small employer placed with carrier.

58-18B-43. Status of insurance producer's employment may not be affected by health status, claims experience, occupation, or location of small employer placed with carrier.
No small employer carrier may terminate, fail to renew, or limit its contract or agreement of representation with an insurance producer for any reason related to the health status, claims experience, occupation, or geographic location of the small employers placed by the agent with the small employer carrier.
Source:
SL 1995, ch 281, §38; SL 2001, ch 286, §128.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 18B - Regulation Of Small Businesses' Group And Blanket Health Insurance › Section 58-18B-44 - Carrier or agent not to induce or encourage employer to exclude employee from coverage.

58-18B-44. Carrier or agent not to induce or encourage employer to exclude employee from coverage.
No small employer carrier or agent may induce or otherwise encourage a small employer to separate or otherwise exclude an employee from health coverage or benefits provided in connection with the employee's employment.
Source:
SL 1995, ch 281, §39.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 18B - Regulation Of Small Businesses' Group And Blanket Health Insurance › Section 58-18B-45 - Reasons for denial of coverage to be in writing.

58-18B-45. Reasons for denial of coverage to be in writing.
If a small employer carrier denies an application for coverage from a small employer, the denial shall be in writing and shall state the reason or reasons for the denial.
Source:
SL 1995, ch 281, §40.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 18B - Regulation Of Small Businesses' Group And Blanket Health Insurance › Section 58-18B-46 - Rules for additional standards for fair marketing and broad availability of benefit plans to small employers--Penalties.

58-18B-46. Rules for additional standards for fair marketing and broad availability of benefit plans to small employers--Penalties.
The director may promulgate rules pursuant to chapter 1-26 setting forth additional standards to provide for the fair marketing and broad availability of health benefit plans to small employers in the state. Any violation of §§58-18B-37 to 58-18B-48, inclusive, by a small employer carrier or an insurance producer constitutes an unfair trade practice under chapter 58-33. Nothing in this section limits or excludes other penalties which are otherwise authorized by law.
Source:
SL 1995, ch 281, §41; SL 2001, ch 286, §129.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 18B - Regulation Of Small Businesses' Group And Blanket Health Insurance › Section 58-18B-47 - Third-party administrator treated as small employer carrier.

58-18B-47. Third-party administrator treated as small employer carrier.
If a small employer carrier enters into a contract, agreement, or other arrangement with a third-party administrator to provide administrative, marketing, or other services related to the offering of health benefit plans to small employers in the state, the third-party administrator is subject to §§58-18B-37 to 58-18B-48, inclusive, as if it were a small employer carrier.
Source:
SL 1995, ch 281, §42.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 18B - Regulation Of Small Businesses' Group And Blanket Health Insurance › Section 58-18B-48 - Chapter not applicable to certain group health insurance plans.

58-18B-48. Chapter not applicable to certain group health insurance plans.
Unless the carrier otherwise subjects itself to this chapter, this chapter does not apply to any bona fide association insurance plan or to the insurance carrier underwriting the group plan if the bona fide association meets the following criteria:
(1)The association has been actively in existence for at least five years;
(2)The association has been formed and maintained in good faith for purposes other than obtaining insurance;
(3)The association does not condition membership in the association on any health status- related factor relating to an individual, including an employee of an employer or a dependent of an employee;
(4)Health insurance coverage offered through the association is available to all members regardless of any health status-related factor relating to such members or individual eligible for coverage through a member;
(5)The association does not make health insurance coverage offered through the association available other than in connection with a member of the association;
(6)The association and any plan issued through the association are complying with any applicable provisions of Title 47 and §§58-18-42 to 58-18-62, inclusive.
Source:
SL 1995, ch 281, §43; SL 1997, ch 289, §23.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 18B - Regulation Of Small Businesses' Group And Blanket Health Insurance › Section 58-18B-49 - Establishing risk adjusters.

58-18B-49. Establishing risk adjusters.
The director may establish a payment mechanism to adjust for the amount of risk covered by each small employer carrier. The director may appoint an advisory committee composed of individuals that have risk adjustment and actuarial expertise to help establish the risk adjusters.
Source:
SL 1995, ch 281, §44.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 18B - Regulation Of Small Businesses' Group And Blanket Health Insurance › Section 58-18B-50 - Minimum inpatient care coverage following delivery.

58-18B-50. Minimum inpatient care coverage following delivery.
If a health benefit plan of a small employer carrier that is issued or renewed on or after July 1, 1996, provides maternity coverage, the plan shall provide coverage for a minimum of forty-eight hours of inpatient care following a vaginal delivery and a minimum of ninety-six hours of inpatient care following delivery by cesarean section for a mother and her newborn child in a health care facility licensed pursuant to chapter 34-12, except as otherwise provided in §58-18B-51. Any policy issued to employers with less than fifteen employees that provides coverage for complications of pregnancy, and does not provide other maternity benefits, is not required to comply with this section.
Source:
SL 1996, ch 292, §7; SL 1998, ch 290, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 18B - Regulation Of Small Businesses' Group And Blanket Health Insurance › Section 58-18B-51 - Shorter hospital stay permitted--Follow-up visit within forty-eight hours required.

58-18B-51. Shorter hospital stay permitted--Follow-up visit within forty-eight hours required.
If the treating physician determines that the mother and the newborn meet medical criteria contained in Guidelines for Perinatal Care, Third Edition, of the American Academy of Pediatrics and the American College of Obstetricians and Gynecologists as in effect on January 1, 1996, a health benefit plan may provide coverage for a shorter length of hospital inpatient stay for services related to maternity and newborn care than is required in §58-18B-50 if the coverage includes one follow-up visit in the first forty-eight hours after discharge to verify the condition of the mother and newborn.
Source:
SL 1996, ch 292, §8.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 18B - Regulation Of Small Businesses' Group And Blanket Health Insurance › Section 58-18B-52 - Notice to employees--Disclosures.

58-18B-52. Notice to employees--Disclosures.
The small employer carrier shall provide notice to employees regarding the coverage required by §§58-18B-50 and 58-18B-51 in accordance with rules adopted by the director of the Division of Insurance pursuant to chapter 1-26. The notice shall be in writing and prominently positioned in any literature or correspondence. The notice shall be transmitted to employees in the next mailing to employees, in the yearly informational packet sent to employees, or by January 1, 1997, whichever is earliest.
Source:
SL 1996, ch 292, §9.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 18B - Regulation Of Small Businesses' Group And Blanket Health Insurance › Section 58-18B-53 - Health insurance policies to provide coverage for biologically-based mental illnesses.

58-18B-53. Health insurance policies to provide coverage for biologically-based mental illnesses.
Every small employer health benefit plan that is delivered, issued for delivery, or renewed in this state, except for policies that provide coverage for specified disease or other limited benefit coverage, shall provide, in writing, coverage for the treatment and diagnosis of biologically-based mental illnesses with the same dollar limits, deductibles, coinsurance factors, and restrictions as for other covered illnesses.
The term, biologically-based mental illness, means schizophrenia and other psychotic disorders, bipolar disorder, major depression, and obsessive-compulsive disorder.
Source:
SL 1998, ch 291, §3; SL 1999, ch 251, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 18B - Regulation Of Small Businesses' Group And Blanket Health Insurance › Section 58-18B-54 - Application--Exemptions.

58-18B-54. Application--Exemptions.
The provisions of §58-18B-53 do not apply to any plan, policy, or contract that provides coverage only for:
(1)Specified disease;
(2)Hospital indemnity;
(3)Fixed indemnity;
(4)Accident-only;
(5)Credit;
(6)Dental;
(7)Vision;
(8)Prescription drug;
(9)Medicare supplement;
(10)Long-term care;
(11)Disability income insurance;
(12)Coverage issued as a supplement to liability insurance;
(13)Workers' compensation or similar insurance;
(14)Automobile medical payment insurance; or
(15)Individual health benefit plans of six-months duration or less that are not renewable.
Source:
SL 1998, ch 291, §7.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 18B - Regulation Of Small Businesses' Group And Blanket Health Insurance › Section 58-18B-55 - Supplemental or short term individual health benefit plans exempt from provisions of chapter--Conditions.

58-18B-55. Supplemental or short term individual health benefit plans exempt from provisions of chapter--Conditions.
Any policy or certificate of specified disease, short-term hospital-surgical care of six months or less duration, hospital confinement indemnity, limited benefit health insurance, or other policy or certificate that provide benefits less than that of a major medical plan that is offered to a small employer in this state is exempt from the provisions of this chapter only if the carrier offering the policy or certificate at the time of filing for policy form approval, submits a statement certifying that policies or certificates described in this section are being offered and marketed as supplemental health insurance or as individual health benefit plans of six-month duration or less and not renewable, and not as a substitute for hospital or medical expense insurance or major medical insurance. For policy forms approved prior to July 1, 1998, the carrier shall submit such a statement with the director.
For purposes of this section a major medical policy is any policy which provides benefits which are actuarially equivalent to or exceed the basic plan as was approved and adopted by rule by the director pursuant to chapter 1-26. Policies which are not certified pursuant to this section and which are not major medical policies may not be used as a substitute for major medical policies and must provide for adequate disclosure of the scope of the benefits contained therein.
Source:
SL 1998, ch 289, §21; SL 2001, ch 279, §8.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 18B - Regulation Of Small Businesses' Group And Blanket Health Insurance › Section 58-18B-56 - Policies to provide coverage for diabetes supplies, equipment and education--Exceptions--Conditions and limitations.

58-18B-56. Policies to provide coverage for diabetes supplies, equipment and education--Exceptions--Conditions and limitations.
Every small employer health benefit plan delivered, issued for delivery, or renewed in this state, except for policies that provide coverage for specified disease or other limited benefit coverage, shall provide, in writing, coverage for equipment, supplies, and self-management training and education, including medical nutrition therapy, for treatment of persons diagnosed with diabetes if prescribed by a physician or other licensed health care provider legally authorized to prescribe such treatment. Medical nutrition therapy does not include any food items or nonprescription drugs.
Coverage for medically necessary equipment and supplies shall include blood glucose monitors, blood glucose monitors for the legally blind, test strips for glucose monitors, urine testing strips, insulin, injection aids, lancets, lancet devices, syringes, insulin pumps and all supplies for the pump, insulin infusion devices, prescribed oral agents for controlling blood sugars, glucose agents, glucagon kits, insulin measurement and administration aids for the visually impaired, and other medical devices for treatment of diabetes.
Diabetes self-management training and education shall be covered if: (a) the service is provided by a physician, nurse, dietitian, pharmacist, or other licensed health care provider who satisfies the current academic eligibility requirements of the National Certification Board for Diabetic Educators and has completed a course in diabetes education and training or has been certified as a diabetes educator; and (b) the training and education is based upon a diabetes program recognized by the American Diabetes Association or a diabetes program with a curriculum approved by the American Diabetes Association or the South Dakota Department of Health.
Coverage of diabetes self-management training is limited to (a) persons who are newly diagnosed with diabetes or have received no prior diabetes education; (b) persons who require a change in current therapy; (c) persons who have a co-morbid condition such as heart disease or renal failure; or (d) persons whose diabetes condition is unstable. Under these circumstances, no more than two comprehensive education programs per lifetime and up to eight follow-up visits per year need be covered. Coverage is limited to the closest available qualified education program that provides the necessary management training to accomplish the prescribed treatment.
The benefits provided in this section are subject to the same dollar limits, deductibles, coinsurance, and other restrictions established for all other benefits covered in the plan.
Source:
SL 1999, ch 252, §5.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 18B - Regulation Of Small Businesses' Group And Blanket Health Insurance › Section 58-18B-57 - Diabetes coverage not required of certain plans.

58-18B-57. Diabetes coverage not required of certain plans.
The provisions of §58-18B-56 do not apply to any plan, policy, or contract that provides coverage only for:
(1)Specified disease;
(2)Hospital indemnity;
(3)Fixed indemnity;
(4)Accident-only;
(5)Credit;
(6)Dental;
(7)Vision;
(8)Prescription drug;
(9)Medicare supplement;
(10)Long-term care;
(11)Disability income insurance;
(12)Coverage issued as a supplement to liability insurance;
(13)Workers' compensation or similar insurance;
(14)Automobile medical payment insurance;
(15)Individual health benefit plans of six-months duration or less that are not renewable; or
(16)Individual nonmajor medical insurance.
Source:
SL 1999, ch 252, §6.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 18B - Regulation Of Small Businesses' Group And Blanket Health Insurance › Section 58-18B-58 - Health benefit plans to provide coverage for prostate cancer screening.

58-18B-58. Health benefit plans to provide coverage for prostate cancer screening.
Every health benefit plan of a small employer carrier that covers a male and that is delivered, issued for delivery, or renewed in this state shall provide the following coverage for diagnostic screening for prostate cancer:
(1)An annual medically recognized diagnostic examination, including a digital rectal examination and a prostate-specific antigen test, as follows:
(a)For asymptomatic men aged fifty and over; and
(b)For men aged forty-five and over at high risk for prostate cancer; and
(2)For males of any age who have a prior history of prostate cancer, medically indicated diagnostic testing at intervals recommended by a physician, including the digital rectal examination, prostate-specific antigen test, and bone scan.
Source:
SL 2001, ch 277, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 18B - Regulation Of Small Businesses' Group And Blanket Health Insurance › Section 58-18B-60 - Coverage for treatment of hearing impairment for persons under age nineteen.

58-18B-60. Coverage for treatment of hearing impairment for persons under age nineteen.
Any qualified health plan issued on or after January 1, 2015, that offers coverage for professional audiology services shall include coverage for medically necessary physician services appropriate for the treatment of hearing impairment to a person under the age of nineteen. This shall include professional services rendered by an audiologist licensed pursuant to chapter 36-24.
The benefits provided shall be subject to the same dollar limits, deductibles, coinsurance and other limitations provided for other covered benefits in the policy.
Nothing in this section requires the payment by the health plan of hearing aids, devices, or equipment to correct hearing impairment or loss.
Source:
SL 2014, ch 237, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 18C - Continuation Of Health Care Coverage › Section 58-18C-1 - Continuation of coverage after employer ceases operations, fails to pay premiums, or cancels coverage--Persons covered--Time.

58-18C-1. Continuation of coverage after employer ceases operations, fails to pay premiums, or cancels coverage--Persons covered--Time.
Every policy of group health insurance providing benefits for hospital or medical expenses delivered or issued for delivery in this state, by a commercial health insurance company, by a nonprofit medical and surgical service plan corporation, by a nonprofit hospital service plan corporation, by a health maintenance organization, or by any other similar mechanism shall, in addition to the provisions required by law, include the right of each employee, upon their employer ceasing operations and the termination of the policy or contract, to have the coverage continue for themselves and their eligible dependents, effective as of the date of loss of the previous group coverage, for a period of twelve months for which the employee shall be financially responsible. In addition, if an employer either fails to submit premium payment to the insurance company resulting in loss of coverage to its employees or cancels the coverage and does not notify the employees of such loss of coverage, the employees and their dependents are then eligible for continuation pursuant to this section if election is made within sixty days of the date of their being notified of the loss of coverage. The employer shall provide notice of any nonpayment of premiums or cancellation of coverage to employees as soon as reasonably possible but no later than ten days after the date of cancellation. If the employer fails to notify the employees and their dependents of the termination of coverage within ten days, the employees and dependents may not be denied coverage by the insurer provided timely election is made after actual receipt of notice. Whether notice is provided or not, the election period for continuation of coverage may expire ninety days from the date the group coverage terminated. Any premiums due for the continuation of coverage may be required to be paid by the employee or dependent as a condition of providing continuation coverage.
Any former employee who is under continuation coverage at the time an employer ceases operation and terminates the policy, or fails to make premium payments resulting in loss of coverage, or cancels the insurance without notice, is eligible to remain on continuation coverage for the remainder of the continuation term or twelve months, whichever is less, if timely election is made and continuation payments received.
For purposes of this section, the phrase, employer ceasing operations, means that the business has closed or discontinued its business operations or, in the case of a sole proprietorship or an owner-operated business, the sale of such business that results in the purchaser establishing its own taxpayer identification number.
Source:
SL 1998, ch 294, §1; SL 2001, ch 280, §1; SL 2005, ch 270, §10; SL 2008, ch 267, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 18C - Continuation Of Health Care Coverage › Section 58-18C-3 - Eligibility requirements.

58-18C-3. Eligibility requirements.
Continuation is only available to an employee who has been continuously insured under the group policy or under any creditable coverage which it replaced during the entire six-month period ending with such termination.
Source:
SL 1998, ch 294, §3; SL 2005, ch 270, §2; SL 2008, ch 268, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 18C - Continuation Of Health Care Coverage › Section 58-18C-4 - Notice of termination required.

58-18C-4. Notice of termination required.
Written notice of termination of group coverage shall be provided by the employer to each employee having coverage within ten days of termination. The notice shall contain such information as required by the director.
Source:
SL 1998, ch 294, §4.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 18C - Continuation Of Health Care Coverage › Section 58-18C-5 - Exercising continuation rights--Option to decrease benefits.

58-18C-5. Exercising continuation rights--Option to decrease benefits.
Any employee may exercise the right to continuation within thirty days of receipt of due notice of termination of coverage of the group and upon payment of premiums from the date of termination.
Any insurer providing continuation coverage pursuant to §58-18C-1 shall offer to all beneficiaries who are eligible to elect to continue coverage the option to decrease benefits of the continued coverage. The options shall include, at a minimum, those coverage options that would have been otherwise available to employees or dependents who initially enrolled into the coverage if the options decrease coverage or a carrier may offer a standardized plan to all those eligible for continuation that contains similar benefits to the beneficiaries prior coverage but at a higher deductible or other reduced benefit features.
Source:
SL 1998, ch 294, §5; SL 2005, ch 270, §3; SL 2008, ch 266, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 18C - Continuation Of Health Care Coverage › Section 58-18C-7 - Continuation policy not required in certain circumstances.

58-18C-7. Continuation policy not required in certain circumstances.
No insurer may be required to offer or renew a continuation policy covering any person if:
(1)The person is covered for similar benefits by another individual or group policy;
(2)Similar benefits are provided for or available to such person, by reason of any state or federal law;
(3)The benefits under sources of the kind referred to in subdivision (1) for such person or benefits provided or available under sources of the kind referred to in subdivision (2) for such person, together with the continued policy's benefits, would result in overinsurance according to the insurer's standards for overinsurance;
(4)There has been fraud or material misrepresentation in applying for any benefits under continued or converted policy;
(5)The person failed to pay any required contribution; or
(6)Cancellation of all similar insurance policies in the entire state.
Source:
SL 1998, ch 294, §7; SL 2005, ch 270, §4.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 18C - Continuation Of Health Care Coverage › Section 58-18C-8 - Premiums for continuation policies.

58-18C-8. Premiums for continuation policies.
The premium for a continuation policy may not be greater than one hundred twenty-five percent of the group rate under which a person is covered.
Source:
SL 1998, ch 294, §8; SL 2005, ch 270, §5.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 18C - Continuation Of Health Care Coverage › Section 58-18C-9 - Notification of continuation rights.

58-18C-9. Notification of continuation rights.
A notification of the continuation rights shall be included in each certificate of coverage.
Source:
SL 1998, ch 294, §9; SL 2005, ch 270, §6.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 18C - Continuation Of Health Care Coverage › Section 58-18C-11 - Enforceability of chapter under Employee Retirement Income Security Act.

58-18C-11. Enforceability of chapter under Employee Retirement Income Security Act.
Nothing in this chapter is enforceable to the extent such enforcement violates the Employee Retirement Income Security Act.
Source:
SL 1998, ch 294, §11.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-1 - Purpose of chapter.

58-19-1. Purpose of chapter.
The purpose of this chapter is to promote the public welfare by regulating credit life insurance, credit health insurance, credit unemployment insurance, and credit property including group personal property coverages authorized through credit cards. Nothing in this chapter is intended to prohibit or discourage reasonable competition. The provisions of this chapter shall be liberally construed.
Source:
SL 1966, ch 111, ch 27, §1; SL 1987, ch 380, §9; SL 2001, ch 281, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-2 - Definition of terms.

58-19-2. Definition of terms.
Terms used in this chapter mean:
(1)"Credit health insurance," insurance on a debtor to provide indemnity for payments becoming due on a specific loan, lease, or other credit transaction while the debtor is disabled as defined in the policy;
(2)"Credit life insurance," insurance on the life of a debtor pursuant to or in connection with a specific loan, lease, or other credit transaction;
(3)"Creditor," the lender of money or vendor or lessor of goods, services, or property, rights or privileges, for which payment is arranged through a credit transaction, or any successor to the right, title, or interest of any such lender, vendor, or lessor, and an affiliate, associate, or subsidiary of any of them or any director, officer, or employee of any of them or any other person in any way associated with any of them;
(4)"Debtor," a borrower of money or a purchaser or lessee of goods, services, property, rights, or privileges for which payment is arranged through a credit transaction;
(5)"Indebtedness," the total amount payable by a debtor to a creditor in connection with a loan, lease, or other credit transaction;
(6)"Group property insurance authorized by credit card," forms of property insurance issued on a group basis covering:
(a)Loss of or damage to personal property, other than loss of use or loss resulting from a defect in materials or workmanship, where such personal property is purchased using a credit card;
(b)Loss of, damage to or loss of use of personal property resulting from a defect in materials or workmanship, where the personal property is purchased using a credit card and is under warranty;
(c)Loss of or damage to a lease or rented motor vehicle, that is intended to be rented or leased for a period of ninety consecutive days or less, where the lease or rental fee is paid using a credit card;
(d)Loss of, or damage to or loss of use of baggage and its contents while in transit, where the cost of travel or accommodations is paid using a credit card;
(e)Loss of damage to or loss of use of personal property occurring in connection with use of a leased or rented motor vehicle, which motor vehicle is intended to be rented or leased for a period of ninety consecutive days or less, where the lease or rental fee is paid using a credit card;
(f)Loss incurred in connection with the unauthorized use of a credit card; or
(g)Such other forms of property insurance that are authorized by the director of the Division of Insurance by rule promulgated pursuant to chapter 1-26 and determined to be appropriate for issuance on a group basis.
Source:
SL 1966, ch 111, ch 27, §2 (3); SL 1998, ch 295, §1; SL 2001, ch 281, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-3 - Life and health insurance connected with credit transactions subject to chapter--Exceptions.

58-19-3. Life and health insurance connected with credit transactions subject to chapter--Exceptions.
All life insurance and all health insurance in connection with loans or other credit transactions shall be subject to the provisions of this chapter, except such insurance in connection with a loan or other credit transaction of more than ten years' duration; nor shall insurance be subject to the provisions of this chapter where the issuance of such insurance is an isolated transaction on the part of the insurer not related to an agreement or a plan for insuring debtors of the creditor.
Source:
SL 1966, ch 111, ch 27, §2 (2); SL 1970, ch 271.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-4 - Forms of credit life insurance and credit health insurance.

58-19-4. Forms of credit life insurance and credit health insurance.
Credit life insurance and credit health insurance shall be issued only in the following forms:
(1)Individual policies of life insurance issued to debtors on the term plan;
(2)Individual policies of health insurance issued to debtors on a term plan or disability benefit provisions in individual policies of credit life insurance;
(3)Group policies of life insurance issued to creditors providing insurance upon the lives of debtors on the term plan;
(4)Group policies of health insurance issued to creditors on a term plan insuring debtors or disability benefit provisions in group credit life insurance policies to provide such coverage.
Source:
SL 1966, ch 111, ch 27, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-5 - Existing insurance--Choice of insurer.

58-19-5. Existing insurance--Choice of insurer.
When credit life insurance or credit health insurance is required as additional security for any indebtedness, the debtor shall, upon request to the creditor, have the option of furnishing the required amount of insurance through existing policies of insurance owned or controlled by him or of procuring and furnishing the required coverage through any insurer authorized to transact an insurance business within this state.
Source:
SL 1966, ch 111, ch 27, §11.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-5.1 - Credit insurance not to be required for lease.

58-19-5.1. Credit insurance not to be required for lease.
No lessor may require a lessee to purchase credit insurance as a term or condition of the lease.
Source:
SL 1998, ch 295, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-6 - Maximum amount of credit life insurance.

58-19-6. Maximum amount of credit life insurance.
The initial amount of credit life insurance shall not exceed the total amount repayable under the contract of indebtedness and, where an indebtedness is repayable in substantially equal installments, the amount of insurance shall at no time exceed the scheduled or actual amount of unpaid indebtedness, whichever is greater.
Source:
SL 1966, ch 111, ch 27, §4 (1).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-7 - Agricultural credit transaction commitments--Amount of insurance.

58-19-7. Agricultural credit transaction commitments--Amount of insurance.
Notwithstanding the provisions of §58-19-6, insurance on agricultural credit transaction commitments may be written for the amount of the portion of such commitment that has not been advanced by the creditor.
Source:
SL 1966, ch 111, ch 27, §4 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-8 - Indemnity payable by credit health insurance--Maximum amount.

58-19-8. Indemnity payable by credit health insurance--Maximum amount.
The total amount of periodic indemnity payable by credit health insurance in the event of disability, as defined in the policy, shall not exceed the aggregate of the periodic scheduled unpaid installments of the indebtedness; and the amount of each periodic indemnity payment shall not exceed the original indebtedness divided by the number of periodic installments.
Source:
SL 1966, ch 111, ch 27, §4 (3).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-9 - Term of insurance--Commencement.

58-19-9. Term of insurance--Commencement.
The term of any credit life insurance or credit health insurance shall, subject to acceptance by the insurer, commence on the date when the debtor becomes obligated to the creditor, except that, where a group policy provides coverage with respect to existing obligations, the insurance on a debtor with respect to such indebtedness shall commence on the effective date of the policy.
Source:
SL 1966, ch 111, ch 27, §5.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-10 - Commencement of insurance when evidence of insurability required.

58-19-10. Commencement of insurance when evidence of insurability required.
Where evidence of insurability is required and such evidence is furnished more than thirty days after the date when the debtor becomes obligated to the creditor, the term of credit life insurance or credit health insurance may commence on the date on which the insurance company determines the evidence to be satisfactory, and in such event there shall be an appropriate refund or adjustment of any charge to the debtor for insurance.
Source:
SL 1966, ch 111, ch 27, §5.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-11 - Duration of term of insurance--Extension--Renewal or refinancing.

58-19-11. Duration of term of insurance--Extension--Renewal or refinancing.
The term of credit life insurance or credit health insurance shall not extend more than fifteen days beyond the scheduled maturity date of the indebtedness except when extended without additional cost to the debtor. If the indebtedness is discharged due to renewal or refinancing prior to the scheduled maturity date, the insurance in force shall be terminated before any new insurance may be issued in connection with the renewed or refinanced indebtedness. In all cases of termination prior to scheduled maturity, a refund shall be paid or credited as provided in §58-19-15.
Source:
SL 1966, ch 111, ch 27, §5.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-12 - Revision of premium schedule--Filing.

58-19-12. Revision of premium schedule--Filing.
Any insurer may revise its schedules of premium rates from time to time, and shall file such revised schedules with the director.
Source:
SL 1966, ch 111, ch 27, §8 (1).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-13 - Premium rate not to exceed scheduled rate--Misdemeanor.

58-19-13. Premium rate not to exceed scheduled rate--Misdemeanor.
No insurer shall issue any credit life insurance policy or credit health insurance policy for which the premium rate exceeds that determined by the schedules of such insurer as then on file with the director. Violation of this section is a Class 2 misdemeanor.
Source:
SL 1966, ch 111, ch 27, §8 (1); SL 1978, ch 359, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-14 - Amount charged debtor not to exceed premium charged by insurer--Misdemeanor.

58-19-14. Amount charged debtor not to exceed premium charged by insurer--Misdemeanor.
The amount charged to a debtor for any credit life or credit health insurance shall not exceed the premiums charged by the insurer, as computed at the time the charge to the debtor is determined. Violation of this section is a Class 2 misdemeanor.
Source:
SL 1966, ch 111, ch 27, §8 (4); SL 1978, ch 359, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-15 - Termination of insurance prior to maturity date--Refund of amount paid by debtor.

58-19-15. Termination of insurance prior to maturity date--Refund of amount paid by debtor.
Each individual policy, or group certificate shall provide that in the event of termination of the insurance prior to the scheduled maturity date of the indebtedness, any refund of an amount paid by the debtor for insurance shall be paid or credited promptly to the person entitled thereto; provided, however, that the director shall prescribe a minimum refund and no refund which would be less than such minimum need be made. The formula to be used in computing such refund shall be promulgated in a rule by the director.
Source:
SL 1966, ch 111, ch 27, §8 (2); SL 1986, ch 22, §30.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-16 - Creditor requiring debtor to pay for insurance--Notice to debtor--Credit to account.

58-19-16. Creditor requiring debtor to pay for insurance--Notice to debtor--Credit to account.
If a creditor requires a debtor to make any payment for credit life insurance or credit health insurance and an individual policy or group certificate of insurance is not issued, the creditor shall immediately give written notice to such debtor and shall promptly make an appropriate credit to the account.
Source:
SL 1966, ch 111, ch 27, §8 (3).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-17 - Issuance of policies.

58-19-17. Issuance of policies.
All policies of credit life insurance and credit health insurance shall be delivered or issued for delivery in this state only by an insurer authorized to do an insurance business therein, and shall be issued only through holders of licenses or authorizations issued by the director.
Source:
SL 1966, ch 111, ch 27, §9.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-18 - Individual policy or group certificate delivered to debtor.

58-19-18. Individual policy or group certificate delivered to debtor.
All credit life insurance and credit health insurance sold shall be evidenced by an individual policy, or in the case of group insurance by a certificate of insurance, which individual policy, or group certificate of insurance shall be delivered to the debtor.
Source:
SL 1966, ch 111, ch 27, §6 (1).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-19 - Contents of individual policy or group certificate.

58-19-19. Contents of individual policy or group certificate.
Each individual policy or group certificate of credit life insurance, or credit health insurance shall, in addition to other requirements of law, set forth the name and home office address of the insurer, the name or names of the debtor or in the case of a certificate under a group policy, the identity by name or otherwise of the debtor, the premium or amount of payment, if any, by the debtor separately for credit life insurance and credit health insurance, a description of the coverage including the amount and term thereof, and any exceptions, limitations and restrictions, and shall state that the benefits shall be paid to the creditor to reduce or extinguish the unpaid indebtedness and, wherever the amount of insurance may exceed the unpaid indebtedness, that any such excess shall be payable to a beneficiary, other than the creditor, named by the debtor or to his estate.
Source:
SL 1966, ch 111, ch 27, §6 (2).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-20 - Time of delivery of individual policy or group certificate.

58-19-20. Time of delivery of individual policy or group certificate.
Each individual policy or group certificate of credit life insurance or credit health insurance shall be delivered to the insured debtor at the time the indebtedness is incurred except as provided in §§58-19-21 to 58-19-23, inclusive.
Source:
SL 1966, ch 111, ch 27, §6 (3).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-21 - Application or notice delivered to debtor in lieu of policy or certificate.

58-19-21. Application or notice delivered to debtor in lieu of policy or certificate.
If said individual policy or group certificate of insurance is not delivered to the debtor at the time the indebtedness is incurred, a copy of the application for such policy or a notice of proposed insurance, signed by the debtor and setting forth the name and home office address of the insurer, the name of the debtor, the premium or amount of payment by the debtor, if any, separately for credit life insurance and credit health insurance, the amount, term and a brief description of the coverage provided, shall be delivered to the debtor at the time such indebtedness is incurred. Said application or notice of proposed insurance shall state that upon acceptance by the insurer, the insurance shall become effective as provided in §§58-19-9 and 58-19-10. The copy of the application for, or notice of proposed insurance, shall also refer exclusively to insurance coverage, and shall be separate and apart from the loan, sale, or other credit statement of account, instrument, or agreement, unless the information required by this section is prominently set forth therein.
Source:
SL 1966, ch 111, ch 27, §6 (4).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-22 - Delivery to debtor of policy or certificate after acceptance of insurance.

58-19-22. Delivery to debtor of policy or certificate after acceptance of insurance.
Upon acceptance of the insurance by the insurer and within thirty days of the date upon which the indebtedness is incurred, the insurer shall cause the individual policy or group certificate of insurance to be delivered to the debtor.
Source:
SL 1966, ch 111, ch 27, §6 (4).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-23 - Policy received by debtor on nonacceptance of risk by named insurer--Description of substitute insurance.

58-19-23. Policy received by debtor on nonacceptance of risk by named insurer--Description of substitute insurance.
If the named insurer does not accept the risk, then and in such event the debtor shall receive a policy or certificate of insurance setting forth the name and home office address of the substituted insurer and the amount of the premium to be charged, and if the amount of premium is less than that set forth in the notice of proposed insurance an appropriate refund shall be made.
Source:
SL 1966, ch 111, ch 27, §6 (5).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-24 - Forms--Filing with director.

58-19-24. Forms--Filing with director.
All policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements, and riders delivered or issued for delivery in this state and the schedules of premium rates pertaining thereto shall be filed with the director.
Source:
SL 1966, ch 111, ch 27, §7 (1).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 19 - Credit Life, Health, Unemployment And Group Property Insurance › Section 58-19-25 - Prior policies--Group certificate and notice of proposed insurance, filing and approval by director--Schedules of premium rates.

58-19-25. Prior policies--Group certificate and notice of proposed insurance, filing and approval by director--Schedules of premium rates.
If a group policy of credit life insurance or credit health insurance has been delivered in this state before July 1, 1966, or has been or is delivered in another state before or after said date, the insurer shall be required to file only the group certificate and notice of proposed insurance delivered or issued for delivery in this state as specified in §§58-19-19, 58-19-21, and 58-19-22, and such forms shall be approved by the director if they conform with the requirements specified in said sections and if the schedules of premium rates applicable to the insurance evidenced by such certificate or notice are not in excess of the insurer's schedules of premium rates filed with the director.
Source:
SL 1966, ch 111, ch 27, §7 (6).