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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 |
| 20:06:53:66 | Remove the $25 filings fee paid by a consumer when seeking an external review of an adverse determination made by a health carrier. |
November 28, 2023 |
| 20:06:09:48, 20:06:12:07, 20:06:18:04.01, 20:06:19:04, 20:06:25:01.01, 20:06:25:01.02, 20:06:25:02, 20:06:26:01, 20:06:34:12, 20:06:36:01, and 20:06:59:01 | Updates sources referenced in rule, cleans up a broken web address, and repealing rule associated with statute repealed in 2023 Legislative Session | August 10, 2023 |
| 20:06:13:36 Appendix D | Updates the Division's Medicare Supplement to incorporate 2023 Medicare Supplement coverage amounts set by the federal government. | July 4, 2023 |
| 20:06:12:07, 20:06:19:04, 20:06:25:01, 20:06:25:01.01, 20:06:25:01.02, 20:06:25:02, 20:06:26:01, 20:06:30:01, 20:06:30:13 to 20:06:30:20, 20:06:36:01, and 20:06:59:01 | Updates the sources referenced in rule and clarify credit claimed when companies purchase reinsurance | August 9, 2022 |
| 20:06:13 Appendix D | Updates the Division's Medicare Supplement to incorporate 2022 Medicare Supplement coverage amounts set by the federal government. | May 24, 2022 |
| 20:06:31:27 and 20:06:31:30 | Updates the Certified Reinsurer rating factor and filing requirement for audited financial statements. | October 4, 2021 |
| 20:06:12:07, 20:06:19:04, 20:06:25:01, 20:06:25:01.01 & :01.02, 20:06:25:02, 20:06:26:01, 20:06:36:01, 20:06:59:01, and 20:06:13:36 | Updates sources referenced in rule and incorporates 2021 Medicare Supplement coverage amounts set by the federal government. | June 28, 2021 |
| 20:06:10, 20:06:39, 20:06:40, and 20:08:07 | Clarifies the duration of short term limited duration and short term major medical plans as provided by the federal government and SB 181, respectively. Creates an exemption for a secondary sale of offerings that comply with Regulation A Tier 2 of federal law. | December 6, 2020 |
| 20:06:12, 20:06:13, 20:06:19, 20:06:25, 20:06:26, 20:06:36, 20:06:59, and 20:06:60 | Updates the sources referenced in rule; incorporates 2020 Medicare Supplement coverage amounts set by federal government; and clarifies information required when completing the Corporate Governance Annual Disclosure. | July 1, 2020 |
| 20:06:18:07 and 20:06:18:08 | Updates continuing education (CE) course requirements for insurance producers. | November 25, 2019 |
| 20:06:07, 20:06:12, 20:06:19, 20:06:22, 20:06:25, 20:06:26, 20:06:36, and 20:06:59 | Remove outdated reference to NASD and insert reference to FINRA; update sources referenced in rule; and fix outdated statutory references. | September 4, 2019 |
| 20:06:42, 20:06:57, and 20:08:07 | Expand the availability of fully-insured and self-funded association health plans while maintaining consumer protections and to repeal securities regulation Rule 505 and amend the requirements for certain hearings where the Division reviews a proposed transaction for fairness. | June 27, 2019 |
| 20:06:09, 20:06:18, 20:06:22, 20:06:39, 20:06:54, and 20:06:55 | Update ORSA Manual referenced in rule, change term "qualification" to "line of authority" and update rating standards for health issuers and the standards for the sale of individual health insurance and update references to preventive services. | October 10, 2018 |
| 20:06:12, 20:06:19, 20:06:25, 20:06:26, 20:06:36 & 20:06:59 | Updates sources referenced in rule and updates the definition of "health organization" to include "hospital." | August 2, 2018 |
| 20:06:13, 20:06:21, 20:06:22 & 20:08 | Rules to amend medicare supplement, long-term care, rating area rules, and Securities Regulation definition of qualified custodian. | June 25, 2018 |
| 20:08:03 & 20:08:07 | Corrects outdated references, establishes notice filing requirements for Reg A-Tier 2 offerings and crowdfunding offerings, and adds two manuals that may be used when determining if a transaction is exempt from certain registration requirements. | December 11, 2017 |
| 20:06:09 & 20:06:31 | Adoption of NAIC ORSA Guidance Manual and update the credit for reinsurance rules for domestic insurance companies | October 22, 2017 |
| 20:06 | Require continuing education courses to renew approval every two years; 2017 Medicare coverage amounts; and update sources referenced in rule. | July 6, 2017 |
| 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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*Bulletins and memorandums are provided in Adobe PDF format.
2023 Division of Insurance Regulatory Bulletins
23-01 2024 Product Filing Deadlines
2022 Division of Insurance Regulatory Bulletins
22-01 Extension of Transition Policies
22-02 2023 Product Filing Deadlines
22-03 Annuity Best Interest Standards (replaces Bulletin 08-05)
22-04 Blanket Student Accident-Type Coverage
2021 Division of Insurance Regulatory Bulletins
21-01 Extension of Transition Policies
21-02 2022 Product Filing Deadlines
2020 Division of Insurance Regulatory Bulletins
20-01 Extension of Transition Policies
20-02 COVID-19 and Health Benefit Plans
20-03 Temporary Insurance Producer Licenses During COVID-19 Emergency
20-04 2021 Product Filing Deadlines
20-05 Termination of Temporary Insurance Producer Licenses
2019 Division of Insurance Regulatory Bulletins
19-01 Extension of Transition Policies
19-02 2020 Product Filing Deadlines
19-03 Limited Duration Long-Term Care Products
2018 Division of Insurance Regulatory Bulletins
18-01 Defense Within Limits
18-02 2019 Product Filing Deadlines
18-03 Extension of Transition Policies
2017 Division of Insurance Regulatory Bulletins
17-01 Extension of Transition Policies
17-02 2018 Product Filing Deadlines
2016 Division of Insurance Regulatory Bulletins
16-01 Assignment of Life Insurance to Funeral Homes
16-02 2017 Product Filing Deadlines
16-03 Extension of Transition Policies
16-04 Market Conduct Annual Statement
16-05 Dissolution and Wind-down of NIMA
16-06 Gramm Leach Bliley Act Annual Privacy Notices
2015 Division of Insurance Regulatory Bulletins
15-01 2016 Product Filing Deadlines
15-02 Limited Health Benefit Plans
15-03 Composite Premium Billing
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
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
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
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
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
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
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 (replaced by Bulletin 22-03)
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
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
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
06-04 Countersignature Bulletin
06-05 Continuation Requirements
06-06 Rebates/Fees/Commissions (replaced by Bulletin 13-04)
06-07 Flood Insurance Training Requirements
06-08 Guide for Employers and the Insurance Industry on Workers' Compensation First Aid
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
2004 Division of Insurance Regulatory Bulletins
04-01 Marketing of Crop/Hail Insurance in South Dakota (replaces all previous crop hail insurance bulletins)
04-02 Workers' Compensation Insurance Policy Fee
04-03 Prospective Loss Cost Filing Procedures (replaced Bulletin 94-3)
04-04 HIPAA Health Insurance Access
04-05 Workers' Comp Classification of Adjustment Training Centers
2003 Division of Insurance Regulatory Bulletins
03-01 Insurance for returning military personnel
03-02 Loss of Value or Diminution of Value Claims (replaces and supercedes Bulletin 98-2)
03-03 Annual Rates and/or Loss Cost Filings
03-04 Unrepaired Auto Hail Damage Claims and Definition of Local Market Value (supercedes any prior bulletins and Director letter of November 1993 on hail claims)
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
2001 Division of Insurance Regulatory Bulletins
01-01 Financial Privacy Rules
01-02 Guarantee issue special exemptions and 2% cap calculations
2000 Division of Insurance Regulatory Bulletins
00-01 Contributory Negligence
00-02 Mental Health Parity/Exclusionary Riders
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
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 (replaced by Bulletin 03-02)
98-03 Paintless Dent Repair for Hail Claims (replaces Bulletin 96-3)
98-04 Use of Trusts in Marketing Life and Health Insurance (Replaced by Bulletin 98-06)
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
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
1995 Division of Insurance Regulatory Bulletins
95-01 Crop Hail Insurance Guidelines (replaces all previous crop hail insurance bulletins)
95-02 Long Term Care Insurance
1994 Division of Insurance Regulatory Bulletins
94-02 Treatment of reimbursement for covered services to dentists and other licensees
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
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
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
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
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
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
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
1984 Division of Insurance Regulatory Bulletins
84-02 Premium tax payable on annuity considerations
1981 Division of Insurance Regulatory Bulletins
1979 Division of Insurance Regulatory Bulletins
May 14, 1979 Credit life and health insurance — ARSD 20:06:06
1978 Division of Insurance Regulatory Bulletins
September 20, 1978 Improper depositing of funds as an inducement
1974 Division of Insurance Regulatory Bulletins
74-01 Industries eligible for group insurance
74-02 Replacement of life insurance
1973 Division of Insurance Regulatory Bulletins
March 1, 1973 Health and accident insurance, concerning SDCL 58-17-10
1972 Division of Insurance Regulatory Bulletins
72-01 Life insurance for college students under a premium financing arrangement, advisory bulletin