The contracts by any medical and surgical plan corporation with the subscribers for medical and surgical service shall be entered into only with physicians and surgeons regularly licensed to practice their profession by the State of South Dakota. All contracts issued by such corporation to the subscribers shall constitute direct obligations of the corporation and of the physician or surgeon with whom such corporation has contracted for medical and surgical service and shall provide for medical and surgical service to subscribers by the physician and surgeon chosen by the patient without regard to whether said physician and surgeon has a contract with said corporation, and at the same rate as provided in the contract of the corporation for service by other than contracting physicians and surgeons in case of emergency or expediency.

Terms Used In South Dakota Codified Laws 58-38-11

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • physicians and surgeons: as used in this chapter shall include all those persons who are licensed pursuant to chapters 36-4, 36-4A, and 36-9A. See South Dakota Codified Laws 58-38-2
  • State: when used in context signifying a jurisdiction other than the State of South Dakota, a state, the District of Columbia, a territory, commonwealth, or possession of the United States of America, or a province of the Dominion of Canada. See South Dakota Codified Laws 58-1-2

Source: SL 1966, ch 111, ch 21, § 5.

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