South Dakota Administrative Rules
Title 20 - PUBLIC SAFETY
Article 20:06 - INSURANCE
Chapter 20:06:46 - HIPAA rules - Nondiscrimination in the group market
Section 20:06:46:11 - Beneficiaries treated as two or more distinct groups
Current through Register Vol. 50, page 114, March 25, 2024
Subject to § 20:06:46:12, § 20:06:46:03 does not prohibit a carrier subject to this chapter from treating beneficiaries as two or more distinct groups of similarly situated individuals if the distinction made between or among the groups of beneficiaries is based on any of the following factors:
(1) A bona fide employment-based classification of the participant through whom the beneficiary is receiving coverage;
(2) Relationship to the participant (e.g., as spouse or as a dependent child);
(3) Marital status;
(4) With respect to a child of the participant, age or student status; or
(5) Any other factor, if the factor is not a health factor.
This section may not be construed to prevent a carrier subject to this chapter from providing more favorable treatment of individuals under the plan with adverse health factors in accordance with § 20:06:46:03.
General Authority: SDCL 58-18-79.
Law Implemented: SDCL 58-18-79.
