SD LEG Patient Investigative Treatments

Updated on: Apr 1, 2025

Latest Event


  • Mar. 2025 SD LEG Governor Approval
  • On Mar. 27, 2025, SD LEG reported bill signed by governor, effective Jul. 1, 2025.

On Mar. 6, SD LEG passed bill on individual investigative treatments.

  • SD LEG passed HB 1139, amended SD codified laws SD LEG 34-51, on individualized investigative treatments for patients with life-threatening or debilitating diseases.
  • Legislative Changes
  • To receive general or individualized investigative treatment, eligible patient must give informed consent, which requires written statement with certain requirements.
  • Provides that patient's health insurance carrier is not obligated to pay for any care or treatments consequent to use of general or individualized investigative treatment.
  • If patient dies while receiving such treatment, manufacturer or eligible facility may not seek reimbursement for outstanding debt related to treatment, lack of insurance due.
  • Bill not require health plan, health carrier, third-party administrator provide coverage for cost of individualized investigative treatment, or other related costs of services.
  • Legislative History
  • On Jan. 30, 2025, bill introduced into House; on Feb. 12, 2025, bill passed the House.
  • On Feb. 13, 2025, bill introduced into Senate; on Mar. 6, 2025, bill passed the Senate.
  • Effectiveness
  • SD law sets the effective date of bills passed during regular session as Jul. 1, 2025.
  • Mar. 2025 SD LEG Governor Approval
  • On Mar. 27, 2025, SD LEG reported bill signed by governor, effective Jul. 1, 2025.
Regulators
SD LEG
Entity Types
CNSM; Ins
Reference
Bill HB1139, 3/27/2025; Bill HB1139, 3/6/2025; Citation: SD LEG 34-51;
Functions
Claims/Accelerated Benefits; Compliance; Legal
Countries
United States of America
Category
State
N/A
Products
Critical Illness; Insurance; Insurance-Health
Rule Type
Final
Regions
Am
Rule Date
Mar 6, 2025
Effective Date
Jul 1, 2025
Rule ID
246239
Linked to
N/A
Reg. Last Update
Mar 27, 2025
Report Section
US Insurance