ARSD 20:06:46:12. Creation or modification of an employment or coverage classification not permitted

Notwithstanding §§ 20:06:46:10 and 20:06:46:11, unless permitted under § 20:06:46:03, if the creation or modification of an employment or coverage classification is directed at individual participants or beneficiaries based on a health factor of the participants or beneficiaries, the classification is not permitted under §§ 20:06:46:09 to 20:06:46:12, inclusive.