Nothing in §§ 20:06:53:68 to 20:06:53:76, inclusive, applies to grandfathered plans pursuant to 26 C.F.R. 54.9815-2719T, 29 C.F.R. 2590.715-27109, or 45 C.F.R. 147.36. Sections 20:06:53:68 to 20:06:53:76, inclusive, apply to any plan of individual health coverage, including any health benefit plans subject to the provisions of SDCL 58-17-66 to 58-17-87, inclusive, that is not an excepted benefit pursuant to SDCL subdivision 58-17-69(13). Sections 20:06:53:68 to 20:06:53:74, inclusive, apply to any employer based health plan, including health benefit plans subject to the provisions of SDCL 58-18-42. This chapter does not apply to self-funded plans preempted from state regulation pursuant to the Employee Retirement Income Security Act of 1974.

Source: 37 SDR 63, effective September 23, 2010; 37 SDR 111, effective December 7, 2010.

General Authority: SDCL 58-17-87 , 58-18-79.

Law Implemented: SDCL 58-17-87 , 58-18-51.1 , 58-18-79.