20:06:39:20.  Guaranteed issue -- Tolling of 63-day time frame. Any substantially completed application, whether an underwritten application or one specifically designed for guaranteed issue products, will toll the 63-day time frame for persons eligible pursuant to SDCL 58-17-85 not only for the carrier to which the application was submitted but also for any subsequent carriers from which the individual is seeking coverage.

          Source: 25 SDR 13, effective August 13, 1998.

          General Authority: SDCL 58-17-87(2)(14).

          Law Implemented: SDCL 58-17-85, 58-17-87(2)(14).

          20:06:39:20.05.  Effective date of guaranteed issue plan. Any eligible applicant that makes timely application pursuant to SDCL 58-17-85 and §§ 20:06:39:19 to 20:06:39:20.04, inclusive, must be issued coverage with an effective date consistent with the original application regardless of which carrier the application was made with or which type of benefit plan was applied for. If the original application was made prior to the date of loss of prior creditable coverage, the effective date of the guaranteed issue plan shall coincide with the date of loss of creditable coverage. For those making an initial timely application during the 63-day timeframe following loss of creditable coverage a guaranteed issue plan must be issued with an effective date that coincides with the date of the initial application. For those making application during the 63-day timeframe following loss of creditable coverage where an initial application is rejected and where a subsequent application is made within the 63-day timeframe, but more than 30 days following the rejection of the initial application, the date of the subsequent application is the effective date of the guaranteed issue plan. If the carrier and the applicant wish to make the plan's effective date other than what is required by this section, then any mutually agreeable effective date may be used.

          Source: 28 SDR 158, effective May 19, 2002.

          General Authority: SDCL 58-17-85, 58-17-87(2).

          Law Implemented: SDCL 58-17-85.