Department of Labor and Regulation

Title - Division of Insurance email the Division of Insurance

Requirements for Self-funded or ERISA Plans

Although state law does not impose any requirements directly on private employer self funded plans, these plans are subject to the federal law and therefore must obey the portability, nondiscrimination and other HIPAA requirements that fully insured plans do.

Public self funded plans are subject to state Health Insurance Portability and Accountability Act (HIPAA) requirements affecting employer plans such as portability and nondiscrimination.

Your individual situation may influence the availability and terms of any coverage covered by Employee Retirement Income Security Act (ERISA) laws.

Federal Law preempts state jurisdiction over self-insured plans through a law referred to as ERISA. You may contact the United States Department of Labor at:

United States Department of Labor
City Center Square
1100 Main Suite 1200
Kansas City, MO 64105
Telephone: 816.426.5131
Fax: 816.426.5321

Division of Insurance
124 S. Euclid Ave., 2nd Floor
Pierre, SD 57501
Tel. 605.773.3563
Fax. 605.773.5369