58-38-42. Policies to provide coverage for diabetes supplies, equipment and education--Exceptions--Conditions and limitations.
Every service or indemnity-type contract issued by a nonprofit medical and surgical service plan corporation delivered, issued for delivery, or renewed in this state, except for policies that provide coverage for specified disease or other limited benefit coverage, shall provide, in writing, coverage for equipment, supplies, and self-management training and education, including medical nutrition therapy, for treatment of persons diagnosed with diabetes if prescribed by a physician or other licensed health care provider legally authorized to prescribe such treatment. Medical nutrition therapy does not include any food items or nonprescription drugs.
Coverage for medically necessary equipment and supplies shall include blood glucose monitors, blood glucose monitors for the legally blind, test strips for glucose monitors, urine testing strips, insulin, injection aids, lancets, lancet devices, syringes, insulin pumps and all supplies for the pump, insulin infusion devices, prescribed oral agents for controlling blood sugars, glucose agents, glucagon kits, insulin measurement and administration aids for the visually impaired, and other medical devices for treatment of diabetes.
Diabetes self-management training and education shall be covered if: (a) the service is provided by a physician, nurse, dietitian, pharmacist, or other licensed health care provider who satisfies the current academic eligibility requirements of the National Certification Board for Diabetic Educators and has completed a course in diabetes education and training or has been certified as a diabetes educator; and (b) the training and education is based upon a diabetes program recognized by the American Diabetes Association or a diabetes program with a curriculum approved by the American Diabetes Association or the South Dakota Department of Health.
Coverage of diabetes self-management training is limited to (a) persons who are newly diagnosed with diabetes or have received no prior diabetes education; (b) persons who require a change in current therapy; (c) persons who have a co-morbid condition such as heart disease or renal failure; or (d) persons whose diabetes condition is unstable. Under these circumstances, no more than two comprehensive education programs per lifetime and up to eight follow-up visits per year need be covered. Coverage is limited to the closest available qualified education program that provides the necessary management training to accomplish the prescribed treatment.
The benefits provided in this section are subject to the same dollar limits, deductibles, coinsurance, and other restrictions established for all other benefits covered in the contract.
Source: SL 1999, ch 252, ยง7.
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.