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Topic Summary
South Dakota State Statute:
opens new window South Dakota: SDCL §§58-1-24
and 58-18B-27
Health Insurance Nondiscrimination A health carrier may not require or request an individual or his/her blood relative to take a genetic test or consider the fact that a genetic test was refused in determining eligibility for coverage, establishing premiums, limiting coverage, renewing coverage, or any other underwriting decision in connection with the offer, sale, or renewal of health insurance. The insurance director may promulgate rules concerning genetic information and group health benefit plans. In individual, group and blanket health insurance plans, genetic information may not be treated as a pre-existing condition in the absence of a diagnosis. Small employer carriers may not establish rules for eligibility or continued eligibility based on a health status-related factor, including genetic information.

Last Reviewed: May 25, 2018