58-38-16. Foreign corporation--Transaction of business in state.
A nonprofit medical and surgical service plan corporation organized under the laws of another state or any territory may, with the approval of the director, and under the rules as may be promulgated, consistent with the provisions of this chapter, transact and carry on its business in this state, provided it shall first file with the director:
(1)A duly certified copy of its charter or articles of incorporation;
(2)A verified statement of the condition of its affairs for the next preceding calendar year;
(3)A duly certified and authenticated appointment of the director as its true and lawful agent in and for this state, upon whom all lawful process in any action or proceeding against the insurer may be served with the same effect as if a domestic insurer served in this state, such appointment to stipulate that any lawful process against such insurer served on such agent shall be of the same legal force and validity as if served on the insurer, and that the authority shall continue in force as long as any liability remains outstanding against such insurer in this state. Such service may be made on the director in the manner provided by statute for service of process, or may be made by filing a copy of such process in the office of the director. Whenever any such process is served upon the director, he shall forthwith forward a copy thereof by mail, postpaid, directed to the secretary of the insurer; or in case of insurers in foreign countries, to the resident manager thereof, in this country, and to its general agent in this state; and
(4)Evidence satisfactory to the director that such corporation has existing contracts for the rendering of medical and surgical service to the subscribers with at least twenty physicians and surgeons licensed to practice their profession in the State of South Dakota, approved for participation by the director.
Any such foreign corporation shall be subject to the laws of this state pertaining to reciprocal relations imposed upon foreign insurers transacting or doing business in this state.
Source: SL 1966, ch 111, ch 21, §11; SL 1986, ch 22, §40.
Structure South Dakota Codified Laws
Chapter 38 - Nonprofit Medical And Surgical Plans
Section 58-38-1 - Incorporators, number required--Purpose of incorporation.
Section 58-38-2 - "Physicians and surgeons" defined.
Section 58-38-4 - Members and directors.
Section 58-38-5 - Board of directors--Minimum number--Qualifications--Selection--Term of office.
Section 58-38-6 - License to issue contracts required--Violation as misdemeanor.
Section 58-38-7 - Application for license--Form and contents--Documents accompanying.
Section 58-38-8 - Issuance of license--Matters considered by director.
Section 58-38-9 - Contracts with subscribers.
Section 58-38-10 - Rates charged for services--Approval by director.
Section 58-38-11 - Contracts with subscribers--Required provisions.
Section 58-38-11.1 - Coverage for inpatient treatment of alcoholism to be offered in contracts.
Section 58-38-11.3 - Plans not within alcoholism coverage requirement.
Section 58-38-11.5 - Conversion privileges of insured's spouse upon divorce.
Section 58-38-11.6 - Coordination, integration, or lessening of benefits restricted.
Section 58-38-12 - Care provided by noncontracting physicians--Contracting physician unavailable.
Section 58-38-13 - Practice of medicine not authorized by chapter.
Section 58-38-14 - Expenses of acquisition and administration--Control by director.
Section 58-38-15 - Permitted investments.
Section 58-38-16 - Foreign corporation--Transaction of business in state.
Section 58-38-17 - Annual statement of financial condition--Filing--Verification--Form and contents.
Section 58-38-18 - Investigation and examination by director--Cost borne by corporation.
Section 58-38-19 - Exemption from other insurance laws--Exceptions.
Section 58-38-20 - Citation of chapter.
Section 58-38-21 - Notice required by medical and surgical plan corporation for rate increase.
Section 58-38-23 - Coverage for phenylketonuria.
Section 58-38-24 - Hospital service plan authorized.
Section 58-38-25 - Formation of voluntary health insurance purchasing organizations.
Section 58-38-26 - Membership of voluntary health insurance purchasing organizations.
Section 58-38-27 - Purchasing organization's responsibility for negotiating terms and conditions.
Section 58-38-28 - Purchasing organization's notice of premium charge.
Section 58-38-29 - Additional chapters applicable to purchasing organization.
Section 58-38-30 - Approval of purchasing organization by Division of Insurance.
Section 58-38-31 - Premiums held in trust by purchasing organization.
Section 58-38-32 - Rates for group health insurance issued to purchasing organizations.
Section 58-38-34 - Purchasing organizations exempt from antitrust provisions.
Section 58-38-35 - Promulgation of rules for purchasing organizations.
Section 58-38-36 - Minimum loss ratio for small employer health benefit plans.
Section 58-38-37 - Minimum inpatient care coverage following delivery.
Section 58-38-39 - Notice to subscribers--Disclosures.
Section 58-38-41 - Application--Exemptions.
Section 58-38-43 - Diabetes coverage not required of certain plans and policies.
Section 58-38-44 - Contracts to provide coverage for prostate cancer screening.