South Dakota § 58-33A-7 - Director authorized to promulgate rules--Scope of rules.

§ 58-33A-7. Director authorized to promulgate rules--Scope of rules.

The director may promulgate rules pursuant to chapter 1-26 to establish specific standards consistent with § 58-33A-2. The rules may include standards of full and fair disclosure, that set forth the manner, content, and required disclosure. Except for conversion policies issued pursuant to a contractual conversion privilege under a group, the rules may apply to the sale of individual and group health insurance subject to this chapter and shall be in addition to and in accordance with applicable laws of this state. The rules may include:

(1)    Terms of renewability;

(2)    Initial and subsequent conditions of eligibility;

(3)    Nonduplication of coverage provisions;

(4)    Coverage of dependents;

(5)    Preexisting conditions;

(6)    Termination of insurance;

(7)    Probationary periods;

(8)    Limitations, exceptions, and reductions;

(9)    Elimination periods;

(10)    Requirements for replacement;

(11)    Recurrent conditions;

(12)    Prohibitions on the use of terms, information, phrases, or implied affiliations in advertising;

(13)    Prominence, form, and style of any advertisement;

(14)    Information to be disclosed on advertising or solicitation materials;

(15)    Use of testimonials;

(16)    Special offers or enrollment periods;

(17)    Coverage comparisons;

(18)    Identification of insurers, representatives of the insurers and insurance producers;

(19)    Prearrangements or preneed funeral contracts; and

(20)    The definition of terms including the following: hospital, accident, sickness, injury, physician, accidental means, total disability, partial disability, nervous disorder, guaranteed renewable and noncancellable.

Source: SL 1999, ch 240, § 7; SL 2000, ch 251, § 6; SL 2001, ch 286, § 215.