A person who provides health care commits abuse of health insurance, if, as a regular business practice, he knowingly accepts from any thirdparty payor, as payment in full for services rendered, the amount the thirdparty payor covers, or submits a fee to a thirdparty payor which is higher than the fee he has agreed to accept from the insured with the understanding of waiving the required deductible or copayment, if the effect of either business practice is to eliminate the need for payment by the insured of any required deductible or copayment applicable in the insured’s health benefit plan. Abuse of health insurance is a Class 1 misdemeanor.

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 1 misdemeanorup to 1 yearup to $2,00
For details, see § 22-6-2

Terms Used In South Dakota Codified Laws 58-17-57

  • insured: as used in this chapter , shall not be construed as preventing a person other than the insured with a proper insurable interest from making application for and owning a policy covering the insured or from being entitled under such a policy to any indemnities, benefits, and rights provided therein. See South Dakota Codified Laws 58-17-43
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

Source: SL 1989, ch 429, § 1.