State of South Dakota

South Dakota Legislature

Administrative Rules

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Rule 20:06:39:04 Certificates required upon loss of coverage.

          20:06:39:04.  Certificates required upon loss of coverage (repealed January 1, 2014). A carrier must automatically provide a certificate containing language that is substantially similar to the language contained in Appendix A at the end of this chapter to any individual losing coverage. At any time within 24 months after coverage ceases, a carrier must also provide additional certificates pursuant to requests by or on behalf of an individual. Each certificate must be provided in a reasonable and prompt fashion. A separate fee may not be charged for the provision of a certificate, but the cost of this service may be factored into the policy premium.

 

          After July 1, 1998, a carrier must provide certificates as required in this section for dependents as well as the individual to whom the coverage was issued. Before July 1, 1998, a carrier may satisfy the requirement for certificates identifying coverage for dependents by providing the name of the policyholder and specifying that family coverage is in force. Before July 1, 1998, if the carrier is requested to provide a certificate for a dependent, the carrier must make reasonable efforts to obtain and provide the name of the dependent.

 

          If a carrier provides coverage in connection with another type of creditable coverage, the carrier must provide a certificate as required by this section. A carrier may, for an individual with at least 12 months of creditable coverage without a break in coverage exceeding 63 days, simply certify that the individual has 12 months of creditable coverage.

 

          Source: 24 SDR 35, effective September 29, 1997; 39 SDR 203, effective June 10, 2013, repealed January 1, 2014.

          General Authority: SDCL 58-17-87(2).

          Law Implemented: SDCL 58-11-1, 58-17-85, 58-17-87, 58-33-36.

 


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