20:06:39:08.01.  Active marketing required. No health insurance issuer may employ marketing practices or benefit designs that will have the effect of discouraging applicants from exercising their open enrollment rights under § 20:06:39:59. No health insurance issuer may, in any manner penalize agents for submitting applications for those qualifying for open enrollment under § 20:06:39:59. If a health insurance issuer in the individual market offers health insurance coverage in any level of coverage specified under section 1302(d)(1) of PPACA as defined in § 20:06:55:32, the issuer must offer coverage in that level to individuals who, as of the beginning of a plan year, have not attained the age of 21.

          Source: 39 SDR 203, adopted June 10, 2013, effective January 1, 2014.

          General Authority: SDCL 58-17-87(6).

          Law Implemented: SDCL 58-17-87(6).