South Dakota § 58-33-136 - Value-added products or services not discriminatory--Description.

§ 58-33-136. Value-added products or services not discriminatory--Description.

Nothing in this chapter may be construed as including within the definition of discrimination or rebates, the offer or provision by insurers or producers, by or through employees, affiliates, or third-party representatives, of value-added products or services at no or reduced cost when the products or services are not specified in the policy of insurance if the value-added product or service:

(1)    Relates to the policy of insurance;

(2)    Is primarily designed to satisfy one or more of the following:

(a)    Provide loss mitigation or loss control;

(b)    Reduce claim costs or claim settlement costs;

(c)    Provide education about liability risks or risk of loss to persons or property;

(d)    Monitor or assess risk, identify sources of risk, or develop strategies for eliminating or reducing risk;

(e)    Enhance health;

(f)    Enhance financial wellness through items such as education or financial planning services;

(g)    Provide post-loss services;

(h)    Incent behavioral changes to improve the health or reduce the risk of death or disability of a consumer; or

(i)    Assist in the administration of the employee or retiree benefit insurance coverage;

(3)    Has a cost to the insurer or producer offering the value-added product or service that is reasonable compared to the consumer's premiums or insurance coverage for the contract class;

(4)    Is accompanied with contact information regarding the value-added product or service at the time of offering or enrollment to assist the consumer with questions; and

(5)    Is based on documented objective criteria and offered in a manner that is not unfairly discriminatory, the documentation criteria of which is maintained by the insurer or producer and available upon request by the division.

Source: SL 2023, ch 167, § 1.