CHAPTER 261

(HB 1111)

Third party administrators must provide claims experience
to employers if requested.


         ENTITLED, An Act to  require certain third party administrators to provide reports of claims experience upon request.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That chapter 58-29D be amended by adding thereto a NEW SECTION to read as follows:

     Any administrator for an employer self-funded health benefit plan shall provide, at the written request of the employer, annual reports of the claims experience of that employer for the immediate past policy period and for any time frame that is not more than three years prior to the policy period in which the request was made. No administrator is required to provide any claims information that pertains to a prior administrator's experience with that employer. The claims report shall be of sufficient detail so as to provide the employer with the data necessary to assess the employer's future health benefit coverage needs and shall be provided to the employer within thirty days of receipt of the written request of the employer.

     Signed February 22, 2006
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