58-33-97. Exclusions from unauthorized health insurance.Unauthorized health insurance does not include:(1)Health care benefits or coverage under an employee welfare benefit plan of the employees of two or more employers (including one or more self-employed individuals), that is established or maintained under or pursuant to a collective bargaining agreement under the criteria provided under 29 CFR 2510.3-40 as of January 1, 2007;(2)Health care benefits or coverage under an employee welfare benefit plan established or maintained by a rural electric cooperative or a rural telephone cooperative as defined under 29 U.S.C. §1002(40)(B) as of January 1, 2007;(3)Health care benefits or coverage under an employee welfare benefit plan of the employees of two or more employers but only if the employers are within the same control group so the plan is deemed to be a single employer plan under 29 U.S.C. §1002(40)(B) as of January 1, 2007; or(4)Health care benefits or coverage under a church plan as defined under 29 U.S.C §1002(33) as of January 1, 2007. Source: SL 2007, ch 292, §5.
South Dakota Legal Code