58-17-97. Provisions covering preexisting conditions.
Any accident and sickness policy or certificate subject to the provisions of this chapter, other than credit health insurance as defined in subdivision 58-19-2(1) and a health benefit plan as defined in §58-17-66, shall comply with the following provisions:
(1)No policy or certificate may deny, exclude, or limit benefits for a covered individual for claims incurred more than twelve months following the effective date of the person's coverage due to a preexisting condition;
(2)No policy or certificate may define a preexisting condition more restrictively than:
(a)A condition that would have caused an ordinarily prudent person to seek medical advice, diagnosis, care, or treatment during the twelve months immediately preceding the effective date of coverage;
(b)A condition for which medical advice, diagnosis, care, or treatment was recommended or received during the twelve months immediately preceding the effective date of coverage; or
(c)A pregnancy existing on the effective date of coverage.
Source: SL 1997, ch 288, §2; SL 2001, ch 275, §4; SL 2013, ch 248, §1.