20:06:39:06.  College plans -- Bona fide association plans. A college plan is an association plan that provides coverage to students of a college or university. A college plan that is a limited benefit plan or contains excepted benefits as specified in 45 C.F.R. § 148.220 as published on 62 Fed. Reg. 17,004 (April 8, 1997) is not subject to the provisions of SDCL 58-17-66 to 58-17-87, inclusive, and is not considered creditable coverage under SDCL 58-17-69 and 58-18-44. Other college plans are subject to the provisions of SDCL 58-17-69 to 58-17-87, inclusive, and are considered creditable coverage as provided for in SDCL 58-17-69 and 58-18-44. However, a college plan that is a bona fide association plan under SDCL 58-18B-48 is not required to renew coverage once the covered individual is no longer a student and is not required to issue coverage pursuant to SDCL 58-17-85.

          Source: 24 SDR 35, effective September 29, 1997.

          General Authority: SDCL 58-17-87(1),(2),(3),(4).

          Law Implemented: SDCL 58-17-69, 58-17-70, 58-17-82, 58-17-85, 58-17-87.