20:06:46:04Condition of enrollment or continued enrollment

may not require additional premium for similarly situated individuals. A carrier subject to this chapter may not require an individual, as a condition of enrollment or continued enrollment under the plan, to pay a premium or contribution rate that is greater than the premium or contribution rate for a similarly situated individual enrolled in the plan based on any health factor that relates to the individual or a dependent of the individual. In determining an individual's premium or contribution rate, discounts, rebates, payments-in-kind, and any other premium differential mechanisms shall be taken into account. Nothing in this section restricts the aggregate amount that a carrier subject to this chapter may charge an employer for coverage under a plan, except that a carrier subject to this chapter may not quote or charge an employer a different premium than that quoted or charged an individual in a group of similarly situated individuals based on a health factor unless permitted under SDCL chapter 58-18B.

Source: 29 SDR 48, effective October 10, 2002.