58-18C-7. Continuation policy not required in certain circumstances.
No insurer may be required to offer or renew a continuation policy covering any person if:
(1)The person is covered for similar benefits by another individual or group policy;
(2)Similar benefits are provided for or available to such person, by reason of any state or federal law;
(3)The benefits under sources of the kind referred to in subdivision (1) for such person or benefits provided or available under sources of the kind referred to in subdivision (2) for such person, together with the continued policy's benefits, would result in overinsurance according to the insurer's standards for overinsurance;
(4)There has been fraud or material misrepresentation in applying for any benefits under continued or converted policy;
(5)The person failed to pay any required contribution; or
(6)Cancellation of all similar insurance policies in the entire state.
Source: SL 1998, ch 294, §7; SL 2005, ch 270, §4.
Structure South Dakota Codified Laws
Chapter 18C - Continuation Of Health Care Coverage
Section 58-18C-3 - Eligibility requirements.
Section 58-18C-4 - Notice of termination required.
Section 58-18C-5 - Exercising continuation rights--Option to decrease benefits.
Section 58-18C-7 - Continuation policy not required in certain circumstances.
Section 58-18C-8 - Premiums for continuation policies.
Section 58-18C-9 - Notification of continuation rights.
Section 58-18C-11 - Enforceability of chapter under Employee Retirement Income Security Act.