In South Dakota, as in many other states, your health insurance options are somewhat dependent on your health status.  Even if you are sick, however, the laws protect you in the following ways.

• Coverage under your group health plan (if your employer offers one) cannot be denied or limited, nor can you be required to pay more, because of your health status. This is called nondiscrimination.
• All group health plans in South Dakota must limit exclusion of pre-existing conditions. There are rules concerning when a pre-existing condition exclusion period can be applied and how long you must wait before a new group health plan will begin to pay for care for that condition. Generally, if you join a new group health plan, your old coverage will be credited toward the pre-existing condition exclusion period, provided you did not have a long break in coverage.
• Your health insurance cannot be canceled because you get sick. Most health insurance is guaranteed renewable.
• If you are buying individual health insurance, there are limits on how much your premiums can vary due to your health status, age, and other characteristics. Even so, you can be charged significantly higher premiums due to these factors.
• If you leave your job, you may be able to remain in your old group health plan for a certain length of time. This is called COBRA continuation coverage or state continuation coverage. It can help when you are between jobs or waiting for a new health plan to cover your pre-existing condition. There are limits on what you can be charged for this coverage.

• If you lose coverage, because of divorce, under a fully insured group health plan in South Dakota, you may be able to buy a conversion policy. This is an individual policy you buy from the company that insured your employer’s group plan. You will not face a new pre-existing condition exclusion period.

• If you lose your group health plan and meet other qualifications, you will be HIPAA eligible. If so, you can buy individual health insurance from the South Dakota Risk Pool. You will not face a new pre-existing condition exclusion period. There are limits on what you can be charged for a South Dakota Risk Pool policy.
• If you have had at least 12 months of creditable coverage and then lose it, you may be guaranteed the right to buy a policy from the South Dakota Risk Pool. You will not face a new pre-existing condition exclusion period. There are limits on what you can be charged for a high-risk pool policy.
• If you are a small employer buying a group health insurance policy, you cannot be turned down because of the health status, age, or any factor that might predict the use of health services of those in your group. All health plans for small employers must be sold on a guaranteed issue basis.
• If you have low or modest household income, you may be eligible for free or subsidized health coverage for yourself or members of your family. The South Dakota Medicaid program offers free health coverage for pregnant women, families with children, elderly and disabled individuals with very low incomes.
• If your children are 18 years old or younger, do not have health insurance and meet other qualifications, you may be able to buy insurance for them through the Children’s Health Insurance Program (CHIP).
• If you believe you may be at risk for cancer but are uninsured or underinsured, you may be eligible for free screening and treatment. South Dakota’s All Women Count! program provides free cancer screening for qualified female residents. Some women diagnosed with breast or cervical cancer through this program may be eligible for medical care through the South Dakota Medicaid Program.
• If you have lost your health insurance and are receiving benefits from the Trade Adjustment Assistance (TAA) Program then you may be eligible for a federal income tax credit to help pay for new health coverage. This credit is called the Health Coverage Tax Credit (HCTC), and it is equal to 65% of the cost of qualified health coverage.
• If you are a retiree aged 55-65 and receiving pension benefits from Pension Benefit Guarantee Corporation (PBGC), then you may also be eligible for the HCTC.