{"data":{"id":"us-sd/sdcl-58-33-99","jurisdiction":"us-sd","citation":"SDCL § 58-33-99","heading":"Circumstances in which licensee should know product is unauthorized health insurance.","body":"Circumstances where a licensee reasonably should know that a product is unauthorized health insurance include the following:\n(1) The licensee knows that the product is represented to be a self-funded plan and that it is offered widely to the multiple employers or generally to individuals;\n(2) The licensee knows that the product is a professional employer organization self-funded plan and that it is offered widely to multiple client employers; or\n(3) The licensee knows that the plan is represented to be a self-funded plan established or maintained pursuant to a collective bargaining agreement and that the plan is offered widely to multiple employers, or generally to individuals, or both, through agents who are compensated on a commission or similar basis.\nA licensee may provide other evidence to the division to indicate that the licensee did not reasonably know that a product is unauthorized. In making its determination regarding whether a licensee should have known the product is unauthorized and the appropriateness of any penalty for failing to notify the division of such a product, the division shall consider the prior experience and the existence or lack of training of that licensee.","path":["TITLE 58. INSURANCE","CHAPTER 58-33. UNFAIR TRADE PRACTICES"],"source_url":"https://sdlegislature.gov/Statutes/58-33-99","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"ab95698b1977da554cc667bc60f48c492c68382fe14d43d820bda3dabaaf94a4","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-58-33-98","next":"us-sd/sdcl-58-33-100"},"notice":"GroundRules: Original legal text. Not legal advice."}