No person may make or permit any unfair discrimination between individuals of the same class and of essentially the same hazard in the amount of premium, policy fees, or rates charged for any policy or contract of health insurance or in the benefits payable thereunder, or in any of the terms or conditions of such contract, or in any other manner whatever. Violation of this section is a Class 2 misdemeanor. Nothing in this section prohibits different rates charged, or benefits payable, or different underwriting procedures used for individuals insured under a franchise plan or provided discounts based upon administrative savings or incentives for additional family members to purchase insurance.
S.D. Codified Laws § 58-33-13
Unfair discrimination as misdemeanor--Health insurance
Known as the Unauthorized Insurers False Advertising Process Act
The act spans §§ 58–58 (145 sections).
Applied in 1 court decision — leading case State, Division of Human Rights Ex Rel. Ewing v. Prudential Insurance Co. of America (1978)
Most recently applied in State, Division of Human Rights Ex Rel. Ewing v. Prudential Insurance Co. of America (November 1978)
Source: SL 1966, ch 111, ch 13, § 12 (2); SL 1978, ch 359, § 2; SL 2000, ch 241, § 3.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.