58-17A-14. Requirements for replacement of policy.
An issuer replaces a medicare supplement policy if:
(1)The issuer discontinues or does not renew a medicare supplement policy and offers an alternative medicare supplement policy to its insured; or
(2)The newer policy has an effective date which coincides with or which is within thirty days after the date the older policy covering that same insured discontinued. An issuer does not violate medicare supplement replacement requirements unless that issuer or its representative knew or reasonably should have known of the older policy.
Source: SL 1989, ch 432, §2; SL 1992, ch 347, §14; SL 1993, ch 361; SL 1995, ch 279.
Structure South Dakota Codified Laws
Chapter 17A - Medicare Supplement Policies
Section 58-17A-1 - Definition of terms.
Section 58-17A-2 - Regulations to establish specific standards for policy provisions.
Section 58-17A-3 - Preexisting conditions--Policy provisions.
Section 58-17A-3.1 - Preexisting conditions provision prohibited in replacement policy--Exception.
Section 58-17A-5 - Outline of coverage delivered at time of application for insurance.
Section 58-17A-6 - Informational brochures.
Section 58-17A-9 - Regulations subject to Administrative Procedures Act.
Section 58-17A-13 - Review of advertisements of issuers providing medicare supplement insurance.
Section 58-17A-14 - Requirements for replacement of policy.
Section 58-17A-15 - Sale of second policy prohibited except as replacement--Liability of issuer.
Section 58-17A-16 - Additional penalties for violation of title.
Section 58-17A-17 - Conditional or discriminatory policy or certificate prohibited.