South Dakota § 58-33-99 Circumstances in which licensee should know product is unauthorized health insurance.

South Dakota Statutes

§ 58-33-99 — Circumstances in which licensee should know product is unauthorized health insurance.

South Dakota § 58-33-99

Title 58INSURANCE

Ch. 58-32UNFAIR TRADE PRACTICES

This text of South Dakota § 58-33-99 (Circumstances in which licensee should know product is unauthorized health insurance.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 58-33-99 (2026).

Text

Circumstances where a licensee reasonably should know that a product is unauthorized health insurance include the following:

(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;

(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 (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. A licensee may provide oth

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Circumstances where a licensee reasonably should know that a product is unauthorized health insurance include the following: (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; (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 (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. A 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.