Public-domain · open source

S.D. Codified Laws § 58-33-110

Circumstances mitigating violation of §§ 58-33-102 to 58-33-108

Known as the Unauthorized Insurers False Advertising Process Act

The act spans §§ 58-33-1–58-33-99 (145 sections).

Source: SL 2007, ch 292, § 18.

Any violation of §§ 58-33-102 to 58-33-108, inclusive, is mitigated, and the division shall reduce or eliminate any sanction otherwise applicable, if a licensee or other person demonstrates all of the following:

(1) The licensee or other person maintained supervisory procedures and controls that complied with § 58-33-112;

(2) The violation occurred despite the maintenance of those procedures and controls;

(3) The licensee or other person promptly reported the health benefit plan to the MEWA contact once the licensee or other person had actual knowledge that it was unauthorized health insurance; and

(4) The licensee or other person took prompt corrective action.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.