South Dakota Administrative Rules
Title 20 - PUBLIC SAFETY
Article 20:06 - INSURANCE
Chapter 20:06:39 - Individual plans
Section 20:06:39:51 - Incidental collection exception

Universal Citation: SD Admin Rules 20:06:39:51
Current through Register Vol. 50, page 114, March 25, 2024

If an issuer offering health insurance coverage in the individual market obtains genetic information incidental to the collection of other information concerning any individual, the collection is not a violation of § 20:06:39:50, as long as the collection is not for underwriting purposes in violation of §§ 20:06:39:48 and 20:06:39:49. The incidental collection exception in this section does not apply to any collection where it is reasonable to anticipate that health information will be received, unless the issuer explicitly provides that genetic information should not be provided to the issuer.

General Authority: SDCL 58-17-87.

Law Implemented: SDCL 58-17-87.

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