58-17A-17. Conditional or discriminatory policy or certificate prohibited.
No issuer may deny or condition the issuance or effectiveness of any medicare supplement policy or certificate available for sale in this state, nor discriminate in the pricing of a policy or certificate because of the health status, claims experience, receipt of health care, or medical condition of an applicant if an application for a policy or certificate is submitted prior to or during the six-month period beginning with the first day of the month in which an individual is sixty-five years of age or older and is enrolled for benefits under medicare part B. Each medicare supplement policy and certificate currently available from an issuer shall be made available to all applicants who qualify under this section without regard to age.
This does not prevent the exclusion of benefits under a policy or certificate during the first six months based on a preexisting condition for which the policyholder or certificate holder received treatment or was otherwise diagnosed during the six months before the policy or certificate became effective.
Source: SL 1992, ch 347, §17; SL 1996, ch 293, §3.
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.