Any insurer subject to this chapter, including any group health plan, as defined in section 607(1) of the Employee Retirement Income Security Act of 1974, as amended to January 1, 1994, who are engaged in the business of health insurance is prohibited from denying enrollment of a dependent child under the health insurance coverage of either the child’s natural, adoptive, or stepparents for any of the following reasons:

(1) The child was born out of wedlock; or

Terms Used In South Dakota Codified Laws 58-33-85

  • Dependent: A person dependent for support upon another.

(2) The child is not claimed as a dependent on the parent’s federal income tax return; or

(3) The child does not reside with the parent or in the insurer’s service area.

Source: SL 1994, ch 387, § 1; SL 2001, ch 274, § 3.