20:06:53:02.  Applicability. Except as otherwise provided in this section, this chapter applies to any plan of individual health coverage, including any health benefit plans subject to the provisions of SDCL 58-17-66 to 58-17-87, inclusive, that is not an excepted benefit pursuant to SDCL 58-17-69(13) and any employer based health plan, including health benefit plans subject to the provisions of SDCL 58-18-42. This chapter does not apply to self funded plans preempted from state regulation pursuant to the Employee Retirement Income Security Act of 1974. Nothing in §§ 20:06:53:01 to 20:06:53:67 applies to grandfathered plans pursuant to 75 Fed. Reg. 116 (2010) to be codified as 26 C.F.R. § 54 and 602, 29 C.F.R. § 2590, and 45 C.F.R. § 147.

          Source: 37 SDR 48, effective September 22, 2010; 37 SDR 241, effective July 1, 2011.

          General Authority: SDCL 58-18-87.

          Law Implemented: SDCL 58-18-42, 58-18-51.1.