South Dakota § 58-18B-40 - Agent compensation based on characteristics of small employer prohibited--Commission on sale of health insurance plan through exchange.
Full text of South Dakota South Dakota Codified Laws § 58-18B-40 — Agent compensation based on characteristics of small employer prohibited--Commission on sale of health insurance plan through exchange., with citation guidance and answers to common questions.
§ 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.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 58-18B-40
What does South Dakota Codified Laws § 58-18B-40 cover?
Section 58-18B-40 ("Agent compensation based on characteristics of small employer prohibited--Commission on sale of health insurance plan through exchange.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 58-18B-40?
A common citation format is "South Dakota Codified Laws § 58-18B-40" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 58-18B-40 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.