A plan or issuer must provide coverage pursuant to §§ 20:06:54:01 to 20:06:54:05, inclusive, for the group market for plan years and in the individual market policy years, beginning after September 22, 2010. Nothing in §§ 20:06:54:01 to 20:06:54:05, inclusive, applies to grandfathered plans pursuant to 75 Fed. Reg. 116 (2010) to be codified at 26 C.F.R. § 54 and 602, 29 C.F.R. § 2590, and 45 C.F.R. § 147. This chapter applies 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) and 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 58-17-1.1 , 58-17-1.2 , 58-17-62 , 58-17-87 , 58-17-98 , 58-18-36 , 58-18-41 , 58-18-51.1 , 58-18-79 , 58-18-80 , 58-18-83.