South Dakota Codified Laws
Chapter 17E - Discount Medical Plans
Section 58-17E-5 - Definitions.

58-17E-5. Definitions.
Terms used in this chapter mean:
(1)"Ancillary services," includes audiology, dental, vision, mental health, substance abuse, chiropractic, and podiatry services;
(2)"Facility," an institution providing medical or ancillary services or a health care setting. The term includes:
(a)A hospital or other licensed inpatient center;
(b)An ambulatory surgical or treatment center;
(c)A skilled nursing center;
(d)A residential treatment center;
(e)A rehabilitation center; and
(f)A diagnostic, laboratory or imaging center;
(3)"Health care professional," a physician, pharmacist, or other health care practitioner who is licensed, accredited, or certified to perform specified medical or ancillary services within the scope of his or her license, accreditation, certification, or other appropriate authority consistent with state law;
(4)"Marketer," a person or entity that markets, promotes, sells, or distributes a discount medical plan, including a private label entity that places its name on and markets or distributes a discount medical plan pursuant to a marketing agreement with a discount medical plan organization;
(5)"Medical services," any maintenance care of, or preventive care for, the human body, or care, service, or treatment of an illness or dysfunction of, or injury to, the human body. The term includes physician care, inpatient care, hospital surgical services, emergency services, ambulance services, dental care services, vision care services, mental health services, substance abuse services, chiropractic services, podiatric services, laboratory services, medical equipment and supplies, pharmacy services or ancillary services;
(6)"Medicare prescription drug plan," a plan that provides Medicare Part D prescription drug benefit in accordance with the requirements of the federal Medicare Prescription Drug, Improvement and Modernization Act of 2003;
(7)"Member," any individual who pays fees, dues, charges, or other consideration for the right to receive the benefits of a discount medical plan. Member does not include any individual who enrolls in a patient access program;
(8)"Patient access program," a voluntary program sponsored by a pharmaceutical manufacturer or a consortium of pharmaceutical manufacturers, that provide free or discounted health care products directly to low-income or uninsured individuals either through a discount card or direct shipment;
(9)"Provider," any health care professional or facility that has contracted, directly or indirectly, with a discount medical plan organization to provide medical or ancillary services to members;
(10)"Provider network," an entity that negotiates directly or indirectly with a discount medical plan organization on behalf of more than one provider to provide medical or ancillary services to members.

Source: SL 2006, ch 257, ยง5.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 58 - Insurance

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-7 - Registration exception and compliance requirements for otherwise registered health carriers.

Section 58-17E-8 - Notification of director required where discount medical plan organization loses registration or is subject to disciplinary proceeding in another state.

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-39 - Disclosure that product is not insurance--Advertisements--Rules--Revocation of registration--Agents.

Section 58-17E-40 - Prohibited conduct.

Section 58-17E-41 - Signature on contract required prior to receipt of consideration--Disclosure of information--Exception.

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.