58-17E-39. Disclosure that product is not insurance--Advertisements--Rules--Revocation of registration--Agents.
Any person subject to registration pursuant to §58-17E-9 shall prominently and boldly disclose that the product is not insurance. Any advertisements or solicitations made by such a person are subject to the provisions of §§58-33A-2 to 58-33A-4, inclusive, and §§58-33A-7 to 58-33A-8, inclusive, and §§58-33A-10 to 58-33A-12, inclusive. Any administrative rule promulgated pursuant to §58-33A-7 does not apply to those registered pursuant to the provisions of §§58-17E-9, 58-17E-39, 58-17E-41, and 58-17E-45, inclusive, unless specifically referenced in the rule. If any person fails to comply with these provisions or the provisions of §§58-17E-9, 58-17E-39, 58-17E-41, and 58-17E-45, inclusive, the director may issue an order to cease and desist pursuant to the provisions of chapter 58-4 and may revoke the registration. Any such action by the director is subject to notice and hearing as provided pursuant to chapter 1-26 and §58-4-7. A person acting as an agent as defined in chapter 58-30 who sells, solicits, or negotiates a plan or program containing insurance benefits shall meet the licensing and appointment requirements of that chapter if the person is otherwise required to be licensed pursuant to the provisions of chapter 58-30.
Source: SL 2005, ch 269, §2; SDCL §58-17C-105; SL 2015, ch 260, §7.
Structure South Dakota Codified Laws
Chapter 17E - Discount Medical Plans
Section 58-17E-1 - Affiliate defined.
Section 58-17E-2 - Discount medical plan defined.
Section 58-17E-3 - Discount prescription drug plan defined.
Section 58-17E-4 - Discount medical plan organization defined.
Section 58-17E-5 - Definitions.
Section 58-17E-6 - Application of chapter.
Section 58-17E-9 - Registration of discount medical plan organization.
Section 58-17E-10 - Review of application.
Section 58-17E-11 - Internet website to be established.
Section 58-17E-12 - Duration of registration--Renewal applications.
Section 58-17E-13 - Renewal of registration.
Section 58-17E-14 - Nonrenewal, suspension, or revocation of registration.
Section 58-17E-15 - Notice of grounds for nonrenewal, suspension, or revocation--Hearing.
Section 58-17E-16 - Winding up of affairs.
Section 58-17E-17 - Duration of suspension--Conditions for reinstatement.
Section 58-17E-18 - Consent orders.
Section 58-17E-19 - Registration exception for providers giving discounts to own patients.
Section 58-17E-20 - Surety bond.
Section 58-17E-21 - Deposit in lieu of surety bond.
Section 58-17E-22 - Surety bonds and deposits not subject to levy by claimants.
Section 58-17E-23 - Examination or investigation of discount medical organization--Expenses.
Section 58-17E-24 - Pro rata reimbursement of charges upon cancellation of membership.
Section 58-17E-25 - Written materials on member benefits.
Section 58-17E-26 - Services to be provided in accordance with written agreement.
Section 58-17E-27 - Contents of provider agreement.
Section 58-17E-28 - Contents of provider network agreement.
Section 58-17E-29 - Agreements with entity contracting with provider network.
Section 58-17E-30 - Copies of agreements to be maintained.
Section 58-17E-31 - Internet website requirements.
Section 58-17E-32 - Application of provider agreement requirements.
Section 58-17E-33 - Marketing of product--Agreement.
Section 58-17E-34 - Contents of marketing agreement.
Section 58-17E-35 - Liability for conduct of marketer.
Section 58-17E-36 - Approval of advertisements and marketing materials.
Section 58-17E-37 - Submission of advertising and marketing materials to director.
Section 58-17E-38 - Advertisements to be truthful and not misleading.
Section 58-17E-40 - Prohibited conduct.
Section 58-17E-42 - Disclosures required for telephone contacts.
Section 58-17E-43 - Member to be provided written copy of terms of plan.
Section 58-17E-44 - Contents of written materials.
Section 58-17E-45 - Consumer's right to return plan or program--Refund.
Section 58-17E-46 - Notice to director of change in plan.
Section 58-17E-47 - Construction with trade practices statute.