58-41-94. Summary proceeding to reorganize organization--Grounds.
The director may apply for an order directing him to rehabilitate, liquidate, or conserve a health maintenance organization upon any one or more of the grounds set out in chapter 58-29B, or when in his opinion the continued operation of the health maintenance organization would be hazardous either to the enrollees or the people of this state.
Source: SL 1974, ch 321, ยง40.
Structure South Dakota Codified Laws
Chapter 41 - Health Maintenance Organizations
Section 58-41-1 - Definition of terms.
Section 58-41-2 - Organizations subject to chapter.
Section 58-41-4 - Application for certificate of authority required.
Section 58-41-6 - Verification and form of application--Contents.
Section 58-41-7 - Financial statements required with application.
Section 58-41-8 - Copies of forms required with application.
Section 58-41-9 - Marketing, charges, and financial plans required with application.
Section 58-41-10 - Appointment to receive process required of foreign applicant.
Section 58-41-11 - Surety bond or deposit required--Waiver.
Section 58-41-12 - Determination of health care qualifications.
Section 58-41-13 - Coordination with federal professional standards review.
Section 58-41-15 - Health maintenance not considered practice of healing arts.
Section 58-41-17 - Issuance or denial of certificate--Fee--Conditions for issuance.
Section 58-41-18 - Factors considered in determining financial responsibility.
Section 58-41-19 - Insurance arrangements permitted.
Section 58-41-20 - Corporation operating after certification.
Section 58-41-21 - Foreign corporations qualifying--Exemption from other requirements.
Section 58-41-23 - Composition of governing body--Consumer representation.
Section 58-41-24 - Mechanisms for enrollee participation in policy and operation of governing body.
Section 58-41-25 - Fiduciary responsibilities to enrollees.
Section 58-41-25.1 - Investments.
Section 58-41-26 - Exemption from insurance laws--Exceptions--Taxation.
Section 58-41-28 - Solicitation of enrollment not deemed professional advertising.
Section 58-41-29 - Contracts and necessary activities.
Section 58-41-31 - Direct payments to enrollees prohibited.
Section 58-41-33 - Trade practice laws applicable.
Section 58-41-34 - Evidence of coverage issued to enrollees.
Section 58-41-35 - Contents required in evidence of coverage.
Section 58-41-35.1 - Alcoholism coverage to be offered at time contract is negotiated.
Section 58-41-35.7 - Contracts required to cover occult breast cancer screening.
Section 58-41-36 - Unfair and misleading information in evidence of coverage as misdemeanor.
Section 58-41-37 - Deceptive advertising or evidence of coverage as misdemeanor.
Section 58-41-38 - Statements deemed untrue.
Section 58-41-39 - Statements deemed misleading.
Section 58-41-40 - Evidence of coverage deemed deceptive.
Section 58-41-41 - Issuance to enrollees of change in evidence of coverage.
Section 58-41-42 - Evidence of coverage to be approved before use--Violation as misdemeanor.
Section 58-41-43 - Filing and approval requirements applicable.
Section 58-41-44 - Charges to enrollees--Fairness--Actuary's certificate.
Section 58-41-45 - Discrimination as misdemeanor.
Section 58-41-50 - Authorized expenses.
Section 58-41-51.2 - Conversion privileges of insured's spouse upon divorce.
Section 58-41-51.3 - Continuation and conversion coverage to be offered.
Section 58-41-52 - Contracts with providers of health care services.
Section 58-41-52.1 - Collection for covered services prohibited.
Section 58-41-52.2 - Contracts--Hold harmless provision.
Section 58-41-52.3 - Hold harmless provision--Language of provision.
Section 58-41-55 - Insurance contracts authorized--Group coverage--Benefit payments.
Section 58-41-56 - Contracts for management and administrative services authorized.
Section 58-41-57 - Payment of unreasonably high expenses as misdemeanor.
Section 58-41-63 - General annual report required--Form and contents.
Section 58-41-65 - Applications, filings and reports as public documents.
Section 58-41-66 - Annual summary for enrollees required--Contents.
Section 58-41-67 - Promulgation of rules.
Section 58-41-73 - Physician-patient privileges.
Section 58-41-74 - Confidential data--Exceptions.
Section 58-41-78 - Cease and desist orders.
Section 58-41-79 - Hearing on cease and desist order--Procedure--Judicial review.
Section 58-41-80 - Injunctive relief against violations--Venue.
Section 58-41-81 - Suspension or revocation of certificate of authority on findings by director.
Section 58-41-82 - Additional grounds for suspension or revocation.
Section 58-41-83 - Voluntary conference before commencing actions for violation.
Section 58-41-84 - Informality in voluntary conferences.
Section 58-41-85 - Money penalty in lieu of suspension or revocation.
Section 58-41-86 - Requirements for suspension or revocation.
Section 58-41-86.1 - Suspension without notice or hearing.
Section 58-41-88 - Administrative procedure and rules.
Section 58-41-90 - Action of director after hearing--Written findings.
Section 58-41-91 - Judicial review.
Section 58-41-92 - Activities prohibited during suspension of certificate.
Section 58-41-94 - Summary proceeding to reorganize organization--Grounds.
Section 58-41-95 - Rehabilitation, liquidation, or conservation under insurance company laws.
Section 58-41-96 - Severability of provisions.
Section 58-41-97 - Citation of chapter.
Section 58-41-98 - Coverage for phenylketonuria.
Section 58-41-99 - Formation of voluntary health insurance purchasing organizations.
Section 58-41-100 - Membership of voluntary health insurance purchasing organizations.
Section 58-41-101 - Purchasing organization's responsibility for negotiating terms and conditions.
Section 58-41-102 - Purchasing organization's notice of premium charge.
Section 58-41-103 - Additional chapters applicable to purchasing organization.
Section 58-41-104 - Approval of purchasing organization by Division of Insurance.
Section 58-41-105 - Premiums held in trust by purchasing organization.
Section 58-41-106 - Rates for group health insurance issued to purchasing organizations.
Section 58-41-108 - Purchasing organizations exempt from antitrust provisions.
Section 58-41-109 - Promulgation of rules for purchasing organizations.
Section 58-41-110 - Application of chapter to provider contracting with state.
Section 58-41-112 - Minimum inpatient care coverage following delivery.
Section 58-41-114 - Notice to enrollees--Disclosures.
Section 58-41-116 - Application--Exemptions.
Section 58-41-118 - Diabetes coverage not required of certain plans and policies.
Section 58-41-119 - Contracts to provide coverage for prostate cancer screening.
Section 58-41-120 - Annual report on risk bearing entities.
Section 58-41-121 - Documents provided to risk bearing entity by health maintenance organization.
Section 58-41-122 - Documents provided to health maintenance organization by risk bearing entity.
Section 58-41-123 - Notice by risk bearing entity of change in conditions--Assignment of contract.
Section 58-41-125 - Confidentiality of information.
Section 58-41-126 - Nontransferable responsibilities of health maintenance organization.
Section 58-41-127 - Coverage for treatment of hearing impairment for persons under age nineteen.