HB 1292 South Dakota House · 2026 Regular Session

limit the ability of a health carrier to recoup, recover, or retroactively deny previously paid claims.

HB 1292 limits South Dakota health insurance companies' ability to take back payments they've already made for medical services. It requires insurers to provide written notice at least 30 days in advance if they seek to recoup a payment, and restricts such actions to claims paid within the previous 18 months (with exceptions for fraud, Medicare/Medicaid, workers' compensation, or duplicate payments). The bill establishes a dispute resolution process through the Division of Insurance for disagreements, preventing insurers from withholding future payments during the review. This directly affects healthcare providers (like doctors and clinics) who receive payments from insurers and the insurers themselves, applying to claims for services provided on or after July 1, 2026.
Bill status signed all 5 stages cleared
Introduction
Feb 2026
Committee Review
Mar 2026
House Passage
Feb 2026
Senate Passage
Mar 2026
Signed into Law
Mar 2026
Introduced Feb 4, 2026 Signed Mar 30, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

House Commerce and Energy Engrossed Enrolled · 8 edits · Mar 5, 2026
MODERATE
This bill establishes a 18-month time limit for health insurance companies to recoup or deny previously paid medical claims, unless specific exceptions apply. It also prohibits carriers from adding fees, penalties, or interest when collecting such payments. The bill applies to medical services (excluding dental, pharmaceuticals, and prescription drugs) and takes effect on July 1, 2026.
Scope change
The bill creates a new statutory framework for claim recoupment limitations that did not previously exist in this form, establishing both a general time limit and specific exemptions.
REQUIREMENT

Added an 18-month time limit for health carriers to recoup, recover, or retroactively deny previously paid claims

Added requirement that health carriers must provide written notice explaining the reason for recouping a claim

Added prohibition on health carriers charging additional fees, penalties, or interest when collecting recouped payments

EXCEPTIONS

Created seven specific exceptions where the 18-month limit does not apply, including fraudulent claims, ERISA plans, Medicare/Medicaid, workers' compensation, and duplicate payments

DEFINITION

Defined 'medical services' to explicitly exclude dental services, pharmaceutical services, and prescription drug products

Defined 'retroactively deny a previously paid claim' to include repayment requirements, payment reductions, and withholding of future payments

ENFORCEMENT

Established that violations are subject to enforcement by the Division of Insurance under title 58

TIMELINE

Set the effective date of the Act as July 1, 2026

Floor votes · House Feb 20, 2026

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
15
Key actions
9
Committee
4
Amendments
1
Mar 30, 2026
Signed into law
Signed by the Governor on 2026-03-30 H.J. 579
executive
Mar 9, 2026
Upper · Passed
Signed by the President S.J. 506
upper
Mar 5, 2026
Upper · Passed
Signed by the Speaker H.J. 529
upper
Mar 4, 2026
Upper · Passed
Senate Do Pass Amended , Passed, YEAS 34, NAYS 0 S.J. 461
upper
Mar 2, 2026
Upper · Passed
Certified uncontested, placed on consent , Passed, S.J. 25
upper
Mar 2, 2026
Upper · Passed
Health and Human Services Do Pass , Passed, YEAS 7, NAYS 0 S.J. 25
upper
Feb 23, 2026
Introduced
First read in Senate and referred to Senate Health and Human Services S.J. 357
upper
Feb 20, 2026
Lower · Passed
House of Representatives Do Pass Amended , Passed, YEAS 67, NAYS 0 H.J. 390
lower
Feb 20, 2026
House · Passed
House Vote: pass (67-0-3)
house
Feb 18, 2026
Lower · Passed
Commerce and Energy Do Pass Amended , Passed, YEAS 12, NAYS 1
lower
Feb 18, 2026
Introduced
Commerce and Energy Motion to amend , Passed, Amendment 1292B
lower
Feb 4, 2026
Introduced
First read in House and referred to House Commerce and Energy H.J. 218
lower
8 primary · 0 co-sponsors

Sponsors