(HB 1053)
Individual health insurance standards
provided for health maintenance organizations.
Section
1.
That
§
58-41-26
be amended to read as follows:
58-41-26.
Any health maintenance organization is exempt from all provisions of the insurance
laws of this state other than this chapter. However, the corporation is subject to the provisions of
this title on matters and procedures of mergers and licensure of insurance producers. The
corporation is also subject to fees and taxation as insurers under § 58-2-29 and chapter 10-44. The
corporation is also subject to §§ 58-17-53 and 58-17-54 if entering into a contract after July 1,
1990, with the State of South Dakota, counties, school districts, municipalities, and any other unit
of state government using public funds.
For any individual health insurance contracts or policies,
the health maintenance organization shall comply with the provisions of
§
§
58-17-2 to 58-17-47,
inclusive, 58-17-55 to 58-17-61, inclusive, 58-17-97, and 58-17-100 to 58-17-106, inclusive.
The
state, however, may not collect premium taxes for insurance written on individuals residing outside
this state or property located outside this state if no comparable tax is paid by the direct writing
health maintenance organization to any appropriate taxing authority.