Rule 20:06:21:40 Applications -- Health and medication questions.
20:06:21:40. Applications -- Health and medication questions.
All applications for long-term care insurance policies or certificates, except
those which are guaranteed issue, must contain clear and unambiguous questions
designed to ascertain the health condition of the applicant. If an application
for long-term care insurance contains a question which asks whether the
applicant has had medication prescribed by a physician, it must also ask the
applicant to list the medication that has been prescribed. If the medications
listed in the application were known, or should have been known, by the insurer
at the time of application to be directly related to a medical condition for
which coverage would otherwise be denied, the policy or certificate may not be
rescinded for that condition.
23 SDR 55, effective October 20, 1996.
Authority: SDCL 58-17B-4.
Implemented: SDCL 58-17B-4, 58-17B-6.
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