ENTITLED, An Act to exempt health care sharing ministries from the provisions of the health
insurance code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. A health care sharing ministry may not be considered to be engaging in the business
of insurance under Title 58.
Section 2. For purposes of this Act, a health care sharing ministry is a faith-based, nonprofit
organization that is tax exempt under the Internal Revenue Code and:
(1) Limits its participants to those who are of a similar faith;
(2) Acts as a facilitator among participants who have financial or medical needs and matches
those participants with other participants with the present ability to assist those with
financial or medical needs in accordance with criteria established by the health care
sharing ministry;
(3) Provides for the financial or medical needs of a participant through contributions from
one participant to another;
(4) Provides amounts that participants may contribute with no assumption of risk or promise
to pay among the participants and no assumption of risk or promise to pay by the health
care sharing ministry to the participants;
(5) Provides a written monthly statement to all participants that lists the total dollar amount
of qualified needs submitted to the health care sharing ministry, as well as the amount
actually published or assigned to participants for their contribution; and
(6) Provides a written disclaimer on or accompanying all applications and guideline materials
distributed by or on behalf of the organization that reads, in substance:
"Notice: The organization facilitating the sharing of medical expenses is not an insurance
company, and neither its guidelines nor plan of operation is an insurance policy. Whether
anyone chooses to assist you with your medical bills will be totally voluntary because no
other participant will be compelled by law to contribute toward your medical bills. As
such, participation in the organization or a subscription to any of its documents should
never be considered to be insurance. Regardless of whether you receive any payments for
medical expenses or whether this organization continues to operate, you are always
personally responsible for the payment of your own medical bills."
An Act to exempt health care sharing ministries from the provisions of the health insurance code.
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I certify that the attached Act
originated in the
HOUSE as Bill No. 1187
____________________________
Chief Clerk
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____________________________
Speaker of the House
____________________________
Chief Clerk
____________________________
President of the Senate
____________________________
Secretary of the Senate
House Bill No. 1187
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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