{"data":{"id":"us-sd/sdcl-58-33-103","jurisdiction":"us-sd","citation":"SDCL § 58-33-103","heading":"Due diligence investigation required of insurance producer before submitting stop loss policy application for health benefit plan.","body":"An insurance producer, prior to submitting an application for a stop loss policy to an insurer for a health benefit plan offered to employees, employee dependents, or a person located in this state, shall carry out appropriate due diligence to establish that the health benefit plan is not unauthorized health insurance, including measures reasonably appropriate to establish:\n(1) For any health benefit plan that is represented as established or maintained pursuant to a collective bargaining agreement, the health benefit plan is established or maintained under or pursuant to a collective bargaining agreement under the criteria provided under 29 CFR 2510.3-40 as of January 1, 2007;\n(2) The health benefit plan that is not offered by an employee leasing arrangement or professional employer organization to client employers; or\n(3) For any health benefit plan that is represented as established by a single employer, that the health benefit plan is covering solely employees, and dependents of employees, of the employer and the employer controls and directs the work of the employee.","path":["TITLE 58. INSURANCE","CHAPTER 58-33. UNFAIR TRADE PRACTICES"],"source_url":"https://sdlegislature.gov/Statutes/58-33-103","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"aad89bacdfa75f674c2d40d818c9826b9ebf05d7bd6de16a5c7603a1a58f0641","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-58-33-102","next":"us-sd/sdcl-58-33-104"},"notice":"GroundRules: Original legal text. Not legal advice."}