South Dakota § 58-18B-35 - Director to promulgate rules regulating sale of multiple employer trusts and welfare arrangements--Scope of rules.

§ 58-18B-35. Director to promulgate rules regulating sale of multiple employer trusts and welfare arrangements--Scope of rules.

The director shall promulgate rules pursuant to chapter 1-26 regulating the solicitation and sale of multiple employer trusts and multiple employer welfare arrangements. In considering the promulgation of rules pursuant to this section, the director shall take into consideration, the status of the small employer market, the impact such rules would have on the availability of health insurance and the impact such rules may have on the fair marketing of health insurance in this state. Rules promulgated pursuant to this section may not directly or indirectly affect stop loss or excess insurance covering health claims of employees arising from self-funded employee health programs. The rules may cover:

(1)    Suitability and eligibility of insureds for coverage;

(2)    Method of premium payments;

(3)    Contractual obligations and policy provisions of carriers;

(4)    Form filing requirements, including those for approval and disapproval;

(5)    Reporting and recordkeeping requirements;

(6)    Definition of terms; and

(7)    Eligibility of insurers.

Source: SL 1995, ch 281, § 30; SL 1997, ch 289, § 20; SL 1998, ch 293, § 1.