Marcia Hultman

Cabinet Secretary

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Division of Insurance - Laws, Rules, & Bulletins

 

 

The Insurance Code

The South Dakota Insurance Code was officially established in Title 58 of South Dakota Codified Law in 1966. A comprehensive codification, consolidation, and revision of state law relating to insurance and the insurance business gathered existing insurance law spread throughout the South Dakota Code into Title 58.

 

Administrative Rules

Supporting Administrative Rules for the Insurance Code can be found in ARSD 20:06. If authorized by the South Dakota Legislature, administrative agencies such as the Division of Insurance can promulgate and adopt rules necessary to carry out legislative mandates. The authority to adopt rules is usually granted to utilize the special expertise of an agency when implementing laws passed, to complete frequent changes or updates that need to be made - such as date or source references, or to provide clarification when general law needs to be more specific.

The administrative agency rulemaking notices and proposed changes prepared by each agency for its rulemaking proceedings are available through Open SD.

 

Public Hearing Notices and Proposed Rules

Scheduled Public Hearing Notices and the rules text for any proposed rule packages promulgated by the Division of Insurance can be accessed here.

 

Recent Administrative Rules Adopted Related to Insurance


Recent Administrative Rules
Copy of Rules Text Description Effective Date
20:06:59:01 Principle-Based Reserving - Valuation Manual operative date. December 5, 2016
20:06 2016 Medicare Coverage Amounts and Updates Sources Referenced in Rule June 28, 2016
20:06 Updates Rules regarding Holding Company Reporting Requirements and Certificates of Creditable Coverage December 3, 2015
20:06 2015 Medicare Coverage Amounts and Updates Sources Referenced in Rule October 13, 2015
47:03:10 Independent Contractor Exempt Status Affidavit and Fact Sheet July 1, 2015
20:06 Update Rules to Follow NAIC Model and Federal Guidelines December 3, 2014
20:06 Update Source References in Administrative Code, an Appendix, and Definition September 17, 2014

 

Bulletins & Memorandums

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2016 Division of Insurance Regulatory Bulletins

16-06 Gramm Leach Bliley Act Annual Privacy Notices

16-05 Dissolution and Wind-down of NIMA

16-04 Market Conduct Annual Statement

16-03 Extension of Transition Policies

16-02 2017 Product Filing Deadlines

16-01 Assignment of Life Insurance to Funeral Homes

2015 Division of Insurance Regulatory Bulletins

15-01 2016 Product Filing Deadlines

15-02 Limited Health Benefit Plans

15-03 Composite Premium Billing

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2014 Division of Insurance Regulatory Bulletins

14-01 Agent Signature

14-02 2015 Product Filing Deadlines

14-03 Health Insurance Market

14-04 Audiology

14-05 Independent Contractors, Premium Collection

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2013 Division of Insurance Regulatory Bulletins

13-01 Personal Umbrella Policy UM/UIM Coverage

13-02 Health Rate, Form and Binder Filings

13-03 Health Insurance Market Regulations

13-04 Rebates, Fees, & Commissions

13-05 Health Insurance Market

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2012 Division of Insurance Regulatory Bulletins

12-01 Preexisting Condition Exclusions for Credit Disability

12-02 Auto Policies with Permissive User

12-03 Surplus Lines Agents and Independently Procured Insurance Filers

12-04 Annuity Contracts that Provide Access to Benefit Guarantees or Values Based on Long-Term Care Type of Triggers

12-05 Summary of Benefits and Comparisons (SBC) Requirement/Outline of Coverage

12-06 Surplus Lines Agents and Independently Procured Insurance (IPC) Filers

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2011 Division of Insurance Regulatory Bulletins

11-01 Notice Requirements in ARSD 20:06:55:25

11-02 Volunteer Firefighters - Workers' Compensation Rating Rules

11-03 Automobile Insurance Discounts for Drivers age 55 and over

11-04 Temporary Property Coverage Requirements

11-05 and Order - Temporary Suspension of Cancellation and Nonrenewals for Displaced Insureds

Federal Disaster Designated Counties

Federal Disaster Designated Counties and Corresponding Zip Codes

11-06 Children's Health Insurance Program (CHIP)

11-07 Small Group Association and Trust Health Insurance Rate Filings

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2010 Division of Insurance Regulatory Bulletins

10-01 Certificates of Insurance/Evidence of Insurance

10-02 Medicare Supplement Policies

10-03 Medical Payments in Automobile Policies

Memorandum - Medicare Supplement Discontinuance

2010 Medigap Plans and 5 Year Prohibition after Discontinuance

10-04 SD Schedule Rating Program

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2009 Division of Insurance Regulatory Bulletins

09-01 Rebating Laws

09-02 Lead Cards

09-03 Personal Automobile Medical Payments Coverage

09-04 Medical Malpractice Claim Reporting

09-05 Certificates of Insurance

09-06 Certificates of Insurance

Memorandum — Notice of Delayed Implementation of Bulletins 09-05 and 09-06

Memorandum — Notice of Extension to Comply with Bulletins 09-05 and 09-06

09-07 Notice of Rate Increases in Individual Health Insurance Policy Forms

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2008 Division of Insurance Regulatory Bulletins

08-01 State and Federal Rebating Enforcement Initiative

08-02 Filing Procedures for Compliance with the Provisions of the Terrorism Risk Insurance Program Reauthorization Act of 2007

08-03 Use of Approved Forms

08-04 Health Policy Rate & Form Filing

08-05 New Annuity Suitability Requirements

08-06 Annuities with Long Term Care Features

08-07 Building Partnerships with Insurers to Improve the Lives of Children

08-08 House Bill 1318 - An act to provide options for those who elect continuation of health insurance

08-09 Electronic Funds Transfer in SERFF filings (Please note: This does not apply to premium tax.)

08-10 Long Term Care Daily Benefit Rule

08-11 Bulletin 88-2 Reaffirmed

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2007 Division of Insurance Regulatory Bulletins

07-01 Rate and Form Filings

07-02 Defense within Limits of Liability & Professional Liability Products

07-03 Voiding Coverage Upon Failure to Pay Initial Premium

07-04 Long-Term Care Insurance

07-05 Electronic Annuity Transactions

07-06 Exempt Commercial Lines

07-07 Long Term Care Training

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2006 Division of Insurance Regulatory Bulletins

06-01 Voluntary expedited filing procedures for Compliance with the Provisions of the Terrorism Risk Insurance Extension Act of 2005

06-02 Certificate of Insurance

06-03 SD Workers' Compensation Schedule Rating Program

Schedule Rating Worksheet

06-04 Countersignature Bulletin

06-05 Continuation Requirements

06-06 Rebates/Fees/Commissions (Replaced - Please see Bulletin 13-04)

06-07 Flood Insurance Training Requirements

06-08 Guide for Employers and the Insurance Industry on Workers' Compensation First Aid

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2005 Division of Insurance Regulatory Bulletins

05-01 Repeal of Group Conversion

05-02 Ins Producer Lic for Medicare Advantage & Medicare Part D plans

05-03 Residual Market Expiration List and Take-Out Program

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2004 Division of Insurance Regulatory Bulletins

04-01 Marketing of Crop/Hail Insurance in South Dakota

04-02 Workers' Compensation Insurance Policy Fee

04-03 Prospective Loss Cost Filing Procedures

04-04 HIPAA Health Insurance Access

04-05 Workers' Comp Classification of Adjustment Training Centers

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2003 Division of Insurance Regulatory Bulletins

03-01 Insurance for returning military personnel

03-02 Loss of Value or Diminution of Value Claims

03-03 Annual Rates and/or Loss Cost Filings

03-04 Unrepaired Auto Hail Damage Claims and Definition of Local Market Value

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2002 Division of Insurance Regulatory Bulletins

02-01 USA Patriot Act of 2001

02-02 60 days notice ~ nonrenewing commercial lines policies

02-03 Credit Scoring

02-04 Terrorism

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2001 Division of Insurance Regulatory Bulletins

01-01 Financial Privacy Rules

01-02 Guarantee issue special exemptions and 2% cap calculations

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2000 Division of Insurance Regulatory Bulletins

00-01 Contributory Negligence

00-02 Mental Health Parity/Exclusionary Riders

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1999 Division of Insurance Regulatory Bulletins

99-01 Credit Insurance Filing and Solicitation Requirements

99-02 Mental Health Parity Requirements

99-03 Managed Care Legislation

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1998 Division of Insurance Regulatory Bulletins

98-01 Waiting Period Provisions for All Health Policies

98-02 Claims for Loss of Market Value of Repaired Vehicle

98-03 Paintless Dent Repair for Hail Claims (replaces Bulletin 96-3)

98-04 Use of Trusts in Marketing Life and Health Insurance

98-05 Arbitration Clauses in Insurance Policies

98-06 Use of Trusts in Marketing Life and Health Insurance (replaces 98-4)

98-07 Betterment on Automobile Claims

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1997 Division of Insurance Regulatory Bulletins

97-01 Insurance Coverage for Punitive Damages

1996 Division of Insurance Regulatory Bulletins

96-01 Disclosure requirements for health insurance policies sold to Medicare recipients

96-02 Uninsured Motorist Coverage - SDCL 58-11-9

96-04 Changes in long-term care rules

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1995 Division of Insurance Regulatory Bulletins

95-01 Crop Hail Insurance Guidelines

95-02 Long Term Care Insurance

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1994 Division of Insurance Regulatory Bulletins

94-02 Treatment of reimbursement for covered services to dentists and other licensees

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1993 Division of Insurance Regulatory Bulletins

93-02 (revised) SDCL 58-28-31 Variable Contracts

93-03 Coverage for uninsured and hit-and-run and underinsured

93-04 Adherence to most NAIC manuals for filing annual statements

93-05 Adherence to most recent NAIC manual for filing annual actuarial opinions

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1992 Division of Insurance Regulatory Bulletins

92-01 Reduction in commissions constitutes rebating

92-02 June 1, 1992, Workers' Compensation Filing Revision

92-03 Medicare Supplement Outline of coverage requirement

92-04 Household personal property replacement cost endorsements homeowners and farmowners insurance

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1991 Division of Insurance Regulatory Bulletins

91-03 Minimum settlement amount which may be offered in adjustments of hail claims on vehicles

91-04 Refusal to insure if supplemental coverages rejected — automobile liability

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1990 Division of Insurance Regulatory Bulletins

90-01 Workers' compensation — classification code

90-02 Medicare supplement policies

October 5, 1990 Pollution carrier exemptions for government funds

90-03 Medicare supplement policies — leveling commissions

November 28, 1990 Change to required deposit calculation and form
doc-ins-766-10/89

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1989 Division of Insurance Regulatory Bulletins

January 27, 1989 Notice - automobile policy

89-01 Automobile policies - coverage disclosure

89-02 Automobile policies - supplemental coverages

April 24, 1989 Notice - automobile policy

89-03 Long-term care policies - cola endorsements

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1988 Division of Insurance Regulatory Bulletins

88-01 Contributory negligence

88-02 Computer estimate for motor vehicle repairs

88-03 Filing Fee

July 25, 1988 (A) Large premium modifiers

July 25, 1988 (B) Continuation and conversion of policies

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1987 Division of Insurance Regulatory Bulletins

87-01 Medical/lifestyle questions on applications and underwriting guidelines affecting AIDS and ARC

87-02 Life insurance solicitation

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1984 Division of Insurance Regulatory Bulletins

84-02 Premium tax payable on annuity considerations

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1981 Division of Insurance Regulatory Bulletins

May 18, 1981 Premium Taxes

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1979 Division of Insurance Regulatory Bulletins

May 14, 1979 Credit life and health insurance — ARSD 20:06:06

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1978 Division of Insurance Regulatory Bulletins

September 20, 1978 Improper depositing of funds as an inducement

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1974 Division of Insurance Regulatory Bulletins

74-01 Industries eligible for group insurance

74-02 Replacement of life insurance

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1973 Division of Insurance Regulatory Bulletins

March 1, 1973 Health and accident insurance, concerning SDCL 58-17-10

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1972 Division of Insurance Regulatory Bulletins

72-01 Life insurance for college students under a premium financing arrangement, advisory bulletin

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