S.D. Admin. R. 20:06:46:05
Notwithstanding § 20:06:46:04, a carrier subject to this chapter may establish a premium or contribution differential based on whether an individual has complied with the requirements of a bona fide wellness program.
A carrier subject to this chapter with a cost-sharing mechanism, such as a deductible, payment, or coinsurance, that requires a higher payment from an individual, based on a health factor of that individual or dependent of that individual, than for a similarly situated individual under the plan, does not violate §§ 20:06:46:06 and 20:06:46:07, if the payment differential is based on whether the individual has complied with the requirements of a bona fide wellness program.
S.D. Admin. R. 20:06:46:05
General Authority: SDCL 58-18-79.
Law Implemented: SDCL 58-18-79.