S.D. Admin. R. 20:06:39:20.05
Any eligible applicant that makes timely application pursuant to SDCL 58-17-85 and §§ 20:06:39:19 to 20:06:39:20.04, inclusive, must be issued coverage with an effective date consistent with the original application regardless of which carrier the application was made with or which type of benefit plan was applied for. If the original application was made prior to the date of loss of prior creditable coverage, the effective date of the guaranteed issue plan shall coincide with the date of loss of creditable coverage. For those making an initial timely application during the 63-day timeframe following loss of creditable coverage a guaranteed issue plan must be issued with an effective date that coincides with the date of the initial application. For those making application during the 63-day timeframe following loss of creditable coverage where an initial application is rejected and where a subsequent application is made within the 63-day timeframe, but more than 30 days following the rejection of the initial application, the date of the subsequent application is the effective date of the guaranteed issue plan. If the carrier and the applicant wish to make the plan's effective date other than what is required by this section, then any mutually agreeable effective date may be used.
S.D. Admin. R. 20:06:39:20.05
General Authority: SDCL 58-17-85, 58-17-87(2).
Law Implemented: SDCL 58-17-85.