S.D. Admin. R. 20:06:21:104
The requirements of §§ 20:06:21:87 to 20:06:21:103, inclusive, apply to a benefit trigger request made after December 31, 2010, under a long-term care insurance policy.
"Benefit trigger," for purposes of independent review, means a contractual provision in the insureds long-term care insurance conditioning the payment of benefits on a determination of the insureds ability to perform activities of daily living and on cognitive impairment. For purposes of a tax-qualified long term care insurance contract as defined in Section 7702B of the Internal Revenue Code of 1986, as amended, "benefit trigger" shall include a determination by a licensed health care practitioner that an insured is a chronically ill individual.
S.D. Admin. R. 20:06:21:104
General Authority: SDCL 58-17B-4.
Law Implemented: SDCL 58-17B-4.