Louisiana 2010 Regular Session

Louisiana House Bill HB1360

Introduced
4/20/10  
Refer
4/21/10  

Caption

Amends provisions of law regarding insurance fraud

Impact

The proposed changes have the potential to significantly affect how insurance fraud cases are prosecuted within the state. By establishing clear parameters for what constitutes improper conduct in billing, law enforcement agencies and legal bodies may find it easier to assess and address fraudulent claims. The introduction of consistent patterns of improper behavior will allow for more significant scrutiny of claims, potentially leading to a higher conviction rate for fraud cases. This change may deter individuals from attempting fraudulent practices, knowing that such behavior carries a clear penalty as specified by the law.

Summary

House Bill 1360 proposes amendments to the existing provisions of law regarding insurance fraud in Louisiana. Specifically, the bill seeks to incorporate the concept of a 'reckless or consistent pattern of improper conduct' in billing practices related to legal frameworks surrounding insurance. This amendment aims to offer clearer definitions and guidelines for prosecuting fraudulent behavior that is inconsistent with established legal standards in the insurance industry. The intent behind the bill is to strengthen the state's ability to identify and penalize fraudulent schemes effectively while ensuring that genuine claims are not adversely affected by stringent regulations.

Sentiment

The sentiment surrounding HB 1360 tends to lean towards support from various stakeholders in the insurance sector who see it as a necessary update to existing fraud laws. Advocates argue that the bill enhances protection for legitimate policyholders by ensuring that the system is not exploited by fraudulent actors. However, there are concerns among consumer advocacy groups regarding the implications this bill might have on innocent claims, with fears that it could lead to unnecessary scrutiny and delays for policyholders who are simply seeking to claim rightful benefits. This highlights a tension between preventing fraud and protecting the rights of honest claimants.

Contention

Notably, one point of contention revolves around the language of the bill and how it may be applied in practice. Critics argue that the definitions of 'reckless or consistent patterns' could be broad enough to allow for excessive interpretation by authorities, potentially leading to unjust outcomes for individuals whose claims may inadvertently appear suspicious. Additionally, the challenges surrounding the implementation of these legislative changes could evoke debates on whether the current penalties are sufficient to deter fraudulent behavior without infringing on the rights of policyholders.

Companion Bills

LA HB1483

Replaced by Establishes penalties for knowingly and willfully committing health care fraud

Previously Filed As

LA HB1483

Establishes penalties for knowingly and willfully committing health care fraud

LA SB103

Provides relative to the unauthorized practice of public adjusting and fraudulent insurance acts by public adjusters. (7/1/19)

LA HB1347

Insurance; revise various provisions regarding.

LA SB251

Creates the Louisiana Insurance Fraud Prevention Act. (8/1/12) (EG INCREASE SD EX See Note)

LA HB953

Amends the provisions of law regarding hate crimes

LA HB931

Amends provisions of law regarding domestic abuse battery (EN NO IMPACT GF EX See Note)

LA HB284

Amends provisions of law regarding expungement

LA SB369

Provides venue options for insurance fraud and for the allocation of the insurance fraud assessment fund. (See Act)

LA HB123

Amends provisions of law regarding divorce

LA A2660

Concerns repayment of unemployment insurance benefits obtained fraudulently.

Similar Bills

No similar bills found.