58-17B-5. Grounds for termination and certain provisions prohibited.
No long-term care insurance policy may:
(1)Be cancelled, nonrenewed, or otherwise terminated on the grounds of the age or the deterioration of the mental or physical health of the insured individual or certificate holder; or
(2)Contain a provision establishing a new waiting period in the event existing coverage is converted to or replaced by a new or other form within the same company, except with respect to an increase in benefits voluntarily selected by the insured individual or group policyholder; or
(3)Provide coverage for skilled nursing care only or provide significantly more coverage for skilled care in a facility than coverage for lower levels of care.
Source: SL 1989, ch 440, §5; SL 1990, ch 398, §1.
Structure South Dakota Codified Laws
Chapter 17B - Standards For Long-Term Care Insurance
Section 58-17B-2 - Definition of terms.
Section 58-17B-3 - Minimum requirements for individual policy.
Section 58-17B-4 - Adoption of rules--Standards for disclosure.
Section 58-17B-5 - Grounds for termination and certain provisions prohibited.
Section 58-17B-5.1 - Replacement of policy--Waiver of time periods.
Section 58-17B-8 - Adoption of rules to establish loss ratio standards.
Section 58-17B-9 - Policyholder's right to return--Notice.
Section 58-17B-10 - Delivery of outline of coverage--Contents.
Section 58-17B-11 - Contents of certificate.
Section 58-17B-12 - Compliance with chapter prerequisite to advertisement, marketing, offer.
Section 58-17B-13 - Endorsement required--Cost-of-living adjustment not required.
Section 58-17B-13.1 - Establishment of standards and requirements for cost-of-living adjustment.