20:06:47:04. Initial benefit
determination. Any plan providing disability benefits shall notify a
covered person, or if applicable, the covered person's authorized
representative, of a benefit determination within a reasonable time period, but
not later than 45 days after receipt of the claim. This time period for making
a determination and notifying the covered person or their authorized
representative may be extended for up to 30 days when necessary due to matters
beyond the control of the plan. If the plan is unable to render a determination
within 45 days, the plan must notify the covered person in writing, prior to
the end of the initial 45-day period of that fact, and include the following:
standards used to determine benefit entitlement;
issues preventing benefit determination;
additional information or materials needed to complete the determination;
time period, which may not be less than 45 days, that the covered person or the
person's authorized representative has to submit additional information; and
date by which the plan expects to render determination.
the plan is unable to render a determination, due to matters beyond its
control, the time period may be extended for a second 30-day period, providing
the plan notifies the covered person in writing, prior to the end of the
initial 30-day extension and includes the notification requirements listed
above. The toll of the time periods begins at the time the claim is filed in
accordance with plan procedures without regard to whether all the information
necessary accompanies the filing. In regard to time period extensions, the time
is tolled from the date on which notice of the extension is sent to the covered
person until the date on which the covered person responds to the request for
Source: 30 SDR 39, effective September
28, 2003; 37 SDR 241, effective July 1, 2011.
General Authority: SDCL 58-17H-49.
Law Implemented: SDCL 58-17H-49.