58-1-24. Definitions related to genetic testing.
Terms used in §§58-1-25, 58-1-25.1, and 58-18-87 mean:
(1)"Genetic information," hereditary information obtained from an individual's genetic test or a genetic test of a family member. The term includes hereditary information obtained from genetic services and participation in genetic research, including any request for or receipt of genetic services or participation by an individual or family member in clinical research that includes genetic services. The term does not include information about an individual's sex or age;
(2)"Genetic test," an analysis of human DNA, RNA, chromosomes, proteins, or metabolites that detects genotypes, mutations, or chromosomal changes. Genetic test does not mean a routine physical measurement; a chemical, blood, or urine analysis; a test for drugs or HIV infection; or any test performed due to the presence of signs, symptoms, or other manifestations of a disease, illness, impairment, or other disorder;
(3)"Health carrier," any person who provides health insurance in this state. The term includes a licensed insurance company, a prepaid hospital or medical service plan, a health maintenance organization, a multiple employer welfare arrangement, a fraternal benefit contract, or any person providing a plan of health insurance subject to state insurance regulation;
(4)"Health insurance," insurance provided pursuant to chapters 58-17 (except disability income insurance), 58-17F, 58-17G, 58-17H, 58-17I, 58-18 (except disability income insurance), 58-18B, 58-38, 58-40, and 58-41;
(5)"Individual," an applicant for coverage or a person already covered by a health carrier;
(6)"Life insurer," an entity subject to regulation under chapter 58-15 or otherwise issuing contracts of life insurance and annuities under chapter 58-15;
(7)"Long-term care insurer," an insurer that issues long-term care insurance policies pursuant to chapter 58-17B.
Source: SL 2001, ch 267, §1; SL 2011, ch 219, §95; SL 2021, ch 209, § 1, eff. Jan. 1, 2022.
Structure South Dakota Codified Laws
Chapter 01 - Definitions And General Provisions
Section 58-1-1 - Citation of title.
Section 58-1-2 - Definition of terms.
Section 58-1-3 - Exemption from title of certain entities and transactions.
Section 58-1-3.1 - Application to business including medical, surgical, or hospital care benefits.
Section 58-1-3.2 - Direct response and mass marketing as insurance transaction.
Section 58-1-3.3 - Health care sharing ministries exempt from title.
Section 58-1-3.4 - Health benefit plan--Agricultural organization--Exemption.
Section 58-1-4 - Particular provisions prevail.
Section 58-1-5 - Compliance required.
Section 58-1-7 - Local licenses and taxes prohibited.
Section 58-1-10 - Existing licenses--Renewal, suspension, revocation or termination.
Section 58-1-11 - General saving clause.
Section 58-1-13 - Severability of provisions.
Section 58-1-14.1 - Notice of refusal to renew--Thirty-day delivery requirement--Exception.
Section 58-1-16.1 - Applicability of § 58-1-16.
Section 58-1-17 - Disclosure statement for issuance of charitable gift annuity.
Section 58-1-20 - Prescription drug information card to be issued upon enrollment--Reissuance.
Section 58-1-21 - "Health benefit plan" defined for purposes of §§58-1-19 to 58-1-23.
Section 58-1-22 - Applicability of §§58-1-19 to 58-1-23.
Section 58-1-23 - Director to enforce provisions--Promulgation of rules.
Section 58-1-24 - Definitions related to genetic testing.
Section 58-1-25 - Use of genetic tests in offer, sale, or renewal of insurance prohibited.
Section 58-1-26 - Retention of records.
Section 58-1-27 - Definitions regarding transmission of electronic documents.
Section 58-1-28 - Transmission and storage of electronic documents permitted.
Section 58-1-29 - Delivery by electronic transmission equivalent to other delivery methods.
Section 58-1-30 - Conditions for transmission of electronic documents.
Section 58-1-31 - Content and timing requirements unaffected.
Section 58-1-32 - Verification or acknowledgment of receipt.
Section 58-1-33 - Effect of failure to obtain electronic consent or confirmation.
Section 58-1-34 - Withdrawal of consent.
Section 58-1-35 - Documents delivered electronically before July 1, 2014.
Section 58-1-36 - Notice to parties consenting to electronic transmission before July 1, 2014.
Section 58-1-37 - Oral communications and recordings--Electronic signatures.
Section 58-1-39 - Products and documents to which §§58-1-27 to 58-1-39 apply.
Section 58-1-40 - English version of policy controls--Transactions in another language permitted.
Section 58-1-41 - Policies and advertising in language other than English permitted.
Section 58-1-43 - Policy statement that dispute resolved by English version.