58-33-13. Unfair discrimination as misdemeanor--Health insurance.No person may make or permit any unfair discrimination between individuals of the same class and of essentially the same hazard in the amount of premium, policy fees, or rates charged for any policy or contract of health insurance or in the benefits payable thereunder, or in any of the terms or conditions of such contract, or in any other manner whatever. Violation of this section is a Class 2 misdemeanor. Nothing in this section prohibits different rates charged, or benefits payable, or different underwriting procedures used for individuals insured under a franchise plan or provided discounts based upon administrative savings or incentives for additional family members to purchase insurance. Source: SL 1966, ch 111, ch 13, §12 (2); SL 1978, ch 359, §2; SL 2000, ch 241, §3.
South Dakota Legal Code