{"data":{"id":"us-sd/sdcl-58-41-17","jurisdiction":"us-sd","citation":"SDCL § 58-41-17","heading":"Issuance or denial of certificate--Fee--Conditions for issuance.","body":"The director of the Division of Insurance shall issue or deny a certificate of authority to any person filing an application pursuant to this chapter. Issuance of a certificate of authority shall be granted upon payment of the application fee prescribed in § 58-41-26 if the director is satisfied that the following conditions are met:\n(1) The persons responsible for the conduct of the affairs of the applicant are competent, trustworthy, and possess good reputations;\n(2) The health maintenance organization's proposed plan of operation meets the requirements of § 58-41-12;\n(3) The health maintenance contract constitutes an appropriate mechanism whereby the health maintenance organization will effectively provide or arrange for the provision of comprehensive health maintenance services on a prepaid basis, through insurance or otherwise, except to the extent of reasonable requirements for copayments;\n(4) The health maintenance organization is financially responsible and may reasonably be expected to meet its obligations to enrollees and prospective enrollees;\n(5) The health maintenance organization will assume full financial risk on a prospective basis for the provision of comprehensive health maintenance services, including hospital care;\n(6) The enrollees will be afforded an opportunity to participate in matters of policy and operation pursuant to §§ 58-41-23 and 58-41-24; and\n(7) Nothing in the proposed method of operation, as shown by the information submitted pursuant to §§ 58-41-4 to 58-41-10, inclusive, or by independent investigation, is contrary to the public interest.\nA certificate of authority may be denied only after compliance with the requirements of §§ 58-41-87 to 58-41-90, inclusive.","path":["TITLE 58. INSURANCE","CHAPTER 58-41. HEALTH MAINTENANCE ORGANIZATIONS"],"source_url":"https://sdlegislature.gov/Statutes/58-41-17","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"3151064f6d08635329c4aece82debda08bc238eba698680201eccdddb4825851","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-58-41-16","next":"us-sd/sdcl-58-41-18"},"notice":"GroundRules: Original legal text. Not legal advice."}