ARSD 20:06:36:01. Definitions

Terms used in this chapter mean: (1) "Adjusted RBC report," a RBC report that has been adjusted by the director in accordance with § 20:06:36:06; (2) "Corrective order," an order that has been issued by the director and which specifies the corrective actions; (3) "Domestic health organization," any health organization domiciled in this state; (4) "Domestic insurer," any insurance company domiciled in this state or any entity required to comply with RBC pursuant to SDCL 58-4-48; (5) "Foreign health organization," any health organization that is licensed to do business in this state but not domiciled in this state; (6) "Foreign insurer," any insurance company that is licensed to do business in this state but not domiciled in this state; (7) "Health organization," any health maintenance organization; limited health service organization; dental or vision plan; hospital, medical, and dental indemnity or service corporation; or other managed care organization licensed under SDCL title 58, except an organization that is: (a) Licensed as a life or health insurer or property and casualty insurer; and (b) Subject to either life or property and casualty RBC requirements; (8) "Life or health insurer," any: (a) Insurance company licensed under SDCL title 58 to write life or health insurance; or (b) Property and casualty insurer licensed to do business in this state writing only accident and health insurance; (9) "NAIC," the National Association of Insurance Commissioners; (10) "Negative trend," a negative trend in the level of RBC over a period of time; (11) "Property and casualty insurer," any insurance company licensed under SDCL title 58 to do business in this state, excluding monoline mortgage guaranty insurers, financial guaranty insurers, and title insurers; (12) "RBC," risk-based capital; (13) "RBC instructions," the 2025 editions of the NAIC RBC Forecasting and Instructions-Life/Fraternal, NAIC RBC Forecasting and Instructions-Property/Casualty, and NAIC RBC Forecasting and Instructions-Health; (14) "RBC plan," a comprehensive financial plan containing the elements specified in § 20:06:36:08; (15) "RBC report," the report required in §§ 20:06:36:03 to 20:06:36:06, inclusive; (16) "Revised RBC plan," a RBC plan rejected by the director, which is revised by the insurer or health organization, with or without the director's recommendation; and (17) "Total adjusted capital," the sum of an insurer's or health organization's statutory capital and surplus as determined in accordance with the statutory accounting applicable to the annual financial statements required to be filed under SDCL 58-6-75 and any other items required by the RBC instructions.