Key Takeaways

  • South Dakota Division of Insurance regulates health insurance
  • South Dakota uses the federally-facilitated exchange (HealthCare.gov)
  • Pre-existing condition exclusions are prohibited in ACA-compliant plans
  • Essential health benefits are required in individual and small group markets
  • Health insurance policies are governed by Title 58, Chapter 17
Last updated: January 2026

South Dakota Health Insurance Policy Requirements

South Dakota has health insurance regulations under Title 58 of the South Dakota Codified Laws.

Regulatory Structure

South Dakota health coverage is regulated by:

AgencyResponsibility
Division of InsurancePart of Dept. of Labor and Regulation
HealthCare.govFederal marketplace for individual enrollment

Division of Insurance

The Division of Insurance:

  • Reviews and approves policy forms and rates
  • Licenses insurance producers and companies
  • Handles consumer complaints
  • Enforces insurance laws and regulations

Health Insurance Marketplace

South Dakota uses the federally-facilitated exchange (HealthCare.gov):

Key Features

  • Federal marketplace for individual health insurance
  • Premium tax credits available for qualifying applicants
  • Qualified Health Plans (QHPs) certified by federal government
  • Multiple private insurers participate

Enrollment Periods

  • Annual open enrollment each fall
  • Special enrollment for qualifying life events
  • Financial assistance based on income

Required Policy Provisions

Under Section 58-17-15, health insurance policies must include an incontestability clause:

  • Time limit on certain defenses
  • Misstatements by applicant addressed
  • Similar to life insurance incontestability

Required Coverage

South Dakota ACA-compliant plans must cover Essential Health Benefits:

Essential Health Benefits

  1. Ambulatory patient services
  2. Emergency services
  3. Hospitalization
  4. Maternity and newborn care
  5. Mental health and substance use disorders
  6. Prescription drugs
  7. Rehabilitative services
  8. Laboratory services
  9. Preventive and wellness services
  10. Pediatric services (including dental and vision)

Pre-Existing Condition Protections

For ACA-compliant plans:

Market SegmentPre-Existing Condition Exclusions
IndividualProhibited
Small GroupProhibited
Large GroupLimited

Guaranteed Issue and Renewal

ACA requirements provide:

Guaranteed Issue

  • Insurers must accept all applicants during open enrollment
  • Cannot deny coverage based on health status

Guaranteed Renewal

  • Cannot cancel coverage except for non-payment or fraud
  • Plan discontinuation requires advance notice

Mental Health Parity

Federal mental health parity requirements apply:

  • Mental health benefits must equal medical benefits
  • Same copays, deductibles, and limits
  • Coverage for substance use disorders required
Test Your Knowledge

Which marketplace does South Dakota use for individual health insurance enrollment?

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Test Your Knowledge

Are pre-existing condition exclusions prohibited in South Dakota ACA-compliant individual health plans?

A
B
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D