South Dakota § 58-41-17 Issuance or denial of certificate--Fee--Conditions for issuance.

South Dakota Statutes

§ 58-41-17 — Issuance or denial of certificate--Fee--Conditions for issuance.

South Dakota § 58-41-17

Title 58INSURANCE

Ch. 58-39HEALTH MAINTENANCE ORGANIZATIONS

This text of South Dakota § 58-41-17 (Issuance or denial of certificate--Fee--Conditions for issuance.) 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 § 58-41-17 (2026).

Text

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:

(1)The persons responsible for the conduct of the affairs of the applicant are competent, trustworthy, and possess good reputations;

(2)The health maintenance organization's proposed plan of operation meets the requirements of § 58-41-12 ;

(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 servic

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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: (1) The persons responsible for the conduct of the affairs of the applicant are competent, trustworthy, and possess good reputations; (2) The health maintenance organization's proposed plan of operation meets the requirements of § 58-41-12 ; (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; (4) The health maintenance organization is financially responsible and may reasonably be expected to meet its obligations to enrollees and prospective enrollees; (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; (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 (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. A certificate of authority may be denied only after compliance with the requirements of §§ 58-41-87 to 58-41-90 , inclusive.