Rule 20:06:21:37 Reinstatement.
20:06:21:37. Reinstatement. In addition to the notice
requirement in § 20:06:21:20, a long-term care insurance policy or
certificate must include a provision for reinstatement of coverage in the event
of lapse if the insurer is provided proof of cognitive impairment or the loss
of functional capacity. This option must be available to the insured if it is
requested within five months after termination and must allow for the
collection of any past due premium. The standard of proof of cognitive
impairment or loss of functional capacity may not be more stringent than the
benefit eligibility criteria on cognitive impairment or the loss of functional
capacity, if any, contained in the policy or certificate.
23 SDR 55, effective October 20, 1996.
Authority: SDCL 58-17B-4.
Implemented: SDCL 58-17B-4.
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