ARSD 20:06:46:05. Premium or contribution differential based on completion of a bona fide wellness program

Notwithstanding § 20:06:46:04, a carrier subject to this chapter may establish a premium or contribution differential based on whether an individual has complied with the requirements of a bona fide wellness program. A carrier subject to this chapter with a cost-sharing mechanism, such as a deductible, payment, or coinsurance, that requires a higher payment from an individual, based on a health factor of that individual or dependent of that individual, than for a similarly situated individual under the plan, does not violate §§ 20:06:46:06 and 20:06:46:07, if the payment differential is based on whether the individual has complied with the requirements of a bona fide wellness program.