South Dakota Codified Laws
Chapter 04A - Insurance Fraud
Section 58-4A-1 - Definition of terms.

58-4A-1. Definition of terms.
Terms used in §§58-4A-1 to 58-4A-17, inclusive, mean:
(1)"Insurer," in addition to those persons defined under subdivision 58-1-2(12), any person or entity transacting insurance with or without a certificate of authority issued by the director of insurance. The term also means health maintenance organizations, legal service insurance corporations, prepaid limited health service organizations, dental and other similar health service plans, and, notwithstanding subdivision 58-1-3(1), fraternal benefit societies;
(2)"Statement," includes any application for insurance, notice, statement, proof of loss, denial, bill of lading, receipt for payment, invoice, account, estimate of property damages, bill for services, diagnosis, prescription, hospital or medical records, X-rays, test results, or other evidence of loss, injury, or expense, whether oral, written, or computer-generated; and
(3)"Designee," the Department of Labor and Regulation, the attorney general, any state's attorney, any duly constituted criminal investigative department or agency of the State of South Dakota or of the United States, any county or municipal law enforcement agency having investigative jurisdiction, and any other person whose services are contracted for by the insurance fraud prevention unit.

Source: SL 1999, ch 241, §1; SL 2003, ch 272 (Ex. Ord. 03-1), §20; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 58 - Insurance

Chapter 04A - Insurance Fraud

Section 58-4A-1 - Definition of terms.

Section 58-4A-2 - Fraudulent insurance acts--Certain violations as misdemeanor--Certain violations as felony.

Section 58-4A-3 - Powers of insurance fraud prevention unit.

Section 58-4A-4 - Insurance fraud prevention unit--Purpose--Composition.

Section 58-4A-5 - Criminal and civil prosecutions--Unit attorney appointed assistant attorney general--Costs of prosecution.

Section 58-4A-6 - Unit investigators--Qualifications--Powers--Costs of investigation.

Section 58-4A-7 - Civil penalties--Disposition of penalties collected--Civil action in lieu of criminal prosecution.

Section 58-4A-8 - Operational costs of unit.

Section 58-4A-9 - Expenses recoverable--Disposition of recovered costs--Compensation to person in interest.

Section 58-4A-10 - Consent agreement not prohibited.

Section 58-4A-11 - Unit governed by chapter.

Section 58-4A-12 - Records and files confidential--Investigator not subject to subpoena in civil matter--Exceptions.

Section 58-4A-13 - Immunity for persons furnishing information in good faith--Costs assessed against person acting not in good faith--Other privileges and immunities not abrogated.

Section 58-4A-14 - Insurance fraud prevention unit fund--Assessment of insurers--Conditions--Failure to pay as grounds for administrative action.

Section 58-4A-15 - Limitations of chapter.

Section 58-4A-16 - Annual report to Legislature--Contents.

Section 58-4A-17 - Insurer to reevaluate rates for possible reduction in light of impact of fraud prevention.