South Dakota
Explore the South Dakota records currently included in this collection. Coverage is not complete.
State Laws Database: 0 records
NHGRI database archive: 10 records
Status: 5 enacted or approved; 0 proposed or pending
Most common mapped topics: Health Insurance Nondiscrimination (6) · Privacy (4) · Other Lines of Insurance Nondiscrimination (2)
Records in South Dakota
Showing 10 of 10; State Laws Database records appear first.
| Jurisdiction | Law or policy | Topics | Status | Summary |
|---|---|---|---|---|
| South Dakota | 2021 State Bills South Dakota 2021 SB 178NHGRI archive2021 legislative sessionPrimary source | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination, Privacy | Enacted | Existing law prohibits health carriers, in determining eligibility for coverage, establishing premiums, limiting coverage, renewing coverage, or any other underwriting decision from, in connection with the offer, sale, or renewal of insurance: (1) requiring or requesting an individual or a blood relative of the individual to take a genetic test; or (2) taking into consideration the fact that a genetic test was refused by an individual or a blood relative of the individual. Amends existing law by adding life insurers and long-term care insurers to covered entities. Prohibits any company providing genetic testing directly to a consumer from sharing any genetic test, genetic information, or other personally identifiable information of a consumer with any health carrier, life insurer, or long-term care insurer without written consent from the consumer. A company that provides genetic testing may communicate with a health carrier for the purposes of payment, coordination of medical treatment, or patient care so long as such communication is compliant with the Health Insurance Portability and Accountability Act and only used for the purposes permitted. 3/29/2021 Signed by the Governor. Effective 1/1/2022. |
| South Dakota | 2015 State Bills South Dakota 2015 SB 187NHGRI archive2015 legislative sessionPrimary source | Privacy | Died | This bill establishes certain rights of parents regarding the upbringing, education, health care, and mental health care of their children and provides certain penalties for the violation of those rights. Rights set forth include the right to consent in writing before any record of a minor child's blood or deoxyribonucleic acid is created, stored, or shared. Died. |
| South Dakota | 2013 State Bills South Dakota 2013 HB 1238NHGRI archive2013 legislative sessionPrimary source | Health Insurance Coverage | Died | Every policy of group or individual health insurance, each service or indemnity-type contract issued by a nonprofit medical or surgical service plan corporation and each health maintenance contract that covers a female, that is delivered, issued for delivery, or renewed in South Dakota, and that provides coverage for occult breast cancer screening must provide additional benefits for (1) comprehensive ultrasound screening if a mammogram demonstrates heterogeneous or dense breast tissue based on the Breast Imaging Reporting and Data System established by the American College of Radiology or if a woman is believed to be at an increased risk for breast cancer due to family history or prior personal history of breast cancer, positive genetic testing, or other indications as determined by a woman's physician or advanced practice registered nurse; and (2) magnetic resonance imaging in accordance with guidelines established by the American Cancer Society or the American College of Radiology or if a woman is believed to be at an increased risk for breast cancer due to family history or prior personal history of breast cancer, positive genetic testing, or other indications as determined by a woman's physician or advanced practice registered nurse. Died. |
| South Dakota | 2012 State Bills South Dakota 2012 HB 1260NHGRI archive2012 legislative sessionPrimary source | Health Insurance Nondiscrimination | Died | This bill repeals the authority of the director of the Division of Insurance to promulgate rules governing use of genetic information and enacts certain provisions regarding the use of genetic information. Measure failed. |
| South Dakota | 2011 State Bills South Dakota 2011 SB 38NHGRI archive2011 legislative sessionPrimary source | Health Insurance Nondiscrimination | Enacted | This bill amends the definitions used in the health_insurance_nondiscrimination law. Signed by the Governor March 8, 2011. |
| South Dakota | 2007 State Bills South Dakota 2007 HB 1166NHGRI archive2007 legislative sessionPrimary source | Health Insurance Nondiscrimination | Died | This bill prohibits pre-existing condition exclusions based on genetic information in the absence of a diagnosis. Measure failed. |
| South Dakota | 2007 State Bills South Dakota 2007 SB 132NHGRI archive2007 legislative sessionPrimary source | Health Insurance Nondiscrimination | Died | As introduced, this bill included a provision that prohibited pre-existing condition exclusions based on genetic information in the absence of a diagnosis. Measure failed. |
| South Dakota | State StatuteSouth Dakota: SDCL 34-14-21 et seq.NHGRI archiveDate not stated in source labelPrimary source | Privacy | Statute | Informed written consent consisting of the information specified in the statute is required prior to ordering a predictive genetic test. The person to be tested must receive a signed copy of the form, which also must be placed in the medical record. Tests performed per a court order or for a criminal investigation are exempt. |
| South Dakota | State StatuteSouth Dakota: SDCL 58-1-24, 58-1-25, 58-17-84, 58-18-45, 58-18-87,…NHGRI archiveDate not stated in source labelPrimary source | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination, Privacy | Statute | A health carrier, long-term care insurer or life insurer from requiring or requesting an individual or his/her blood relative to take a genetic test or consider the fact that a genetic test was refused in determining eligibility for coverage, establishing premiums, limiting coverage, renewing coverage, or any other underwriting decision in connection with the offer, sale, or renewal of health insurance. The insurance director may promulgate rules concerning genetic information and group health benefit plans. In individual, group and blanket health insurance plans, genetic information may not be treated as a pre-existing condition in the absence of a diagnosis. Small employer carriers may not establish rules for eligibility or continued eligibility based on a health status-related factor, including genetic information. Prohibits any company providing genetic testing directly to a consumer from sharing any genetic test, genetic information, or other personally identifiable information of a consumer with any health carrier, life insurer, or long-term care insurer without written consent from the consumer. A company that provides genetic testing may communicate with a health carrier for the purposes of payment, coordination of medical treatment, or patient care so long as such communication is compliant with the Health Insurance Portability and Accountability Act and only used for the purposes permitted. |
| South Dakota | State StatuteSouth Dakota: SDCL 60-2-20 and 21NHGRI archiveDate not stated in source labelPrimary source | Employment Nondiscrimination | Statute | An employer may not to seek to obtain, obtain, or use genetic information of a current or prospective employee discriminate or restrict any right or benefit otherwise due or available to an employee or a prospective employee. A few exceptions are provided such as if the employer uses the test results for the limited purpose of taking disciplinary action against the employee based only on alleged misconduct. Any employee or prospective employee claiming to be aggrieved by an unlawful employment practice may bring a civil suit. |