ENTITLED, An Act to regulate certain market activity in a health exchange.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Any qualified health plan as defined by the Patient Protection and Affordable Care Act
of 2010 sold in South Dakota through a public health care exchange, as mandated by the Patient
Protection and Affordable Care Act of 2010, shall provide for placement through a licensed
insurance producer upon enrollment. Any commission paid by a health insurance carrier for the sale
of a qualified health plan through a public health exchange shall be the same as a commission paid
by the same health insurance carrier outside the public exchange for a similar plan.
Section 2. That § 58-18B-40 be amended to read as follows:
58-18B-40. No small employer carrier may, directly or indirectly, enter into any contract,
agreement, or arrangement with an insurance producer that provides for or results in the
compensation paid to an agent for the sale of a health benefit plan to be varied because of the health
status, claims experience, industry, occupation, or geographic location of the small employer.
Any qualified health plan sold in South Dakota through a health care exchange, as mandated by
the Patient Protection and Affordable Care Act of 2010, shall provide for placement through a
licensed insurance producer upon enrollment. Any commission paid by a health insurance carrier for
the sale of a health insurance plan through a health exchange shall be the same as commission paid
by the same health insurance carrier outside the exchange for a similar plan.
Section 3. That chapter 58-33A be amended by adding thereto a NEW SECTION to read as
follows:
No multi-state plan as described in Section 1334 of the Patient Protection and Affordable Care
Act, Pub. L. No. 111-148, 124 Stat. 119 (2010), as amended by the Health Care and Education
Reconciliation Act of 2010, Pub. L. No. 111-152, 124 Stat. 1029 (2010) may sell, solicit, negotiate,
or otherwise transact health insurance in this state outside of any public exchange which may be
operating in this state.
An Act to regulate certain market activity in a health exchange.
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I certify that the attached Act
originated in the
SENATE as Bill No. 139
____________________________
Secretary of the Senate
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____________________________
President of the Senate
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
Chief Clerk
Senate Bill No. 139
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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