HLS 10RS-2799 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1367
BY REPRESENTATIVE CARTER
INSURANCE/GROUP-STATE: Provides for certain health insurance options related to the
insured's lifestyle with respect to tobacco use and weight
AN ACT1
To enact R.S. 42:860, relative to the state group benefits program; to provide for the2
implementation of an employee wellness initiative; to provide for enrollment in state3
group health plans; to provide for attestation of certain health indicators; and to4
provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 42:860 is hereby enacted to read as follows: 7
ยง860. Implementation of an employee wellness initiative8
A. The provisions of this Section shall apply to any employee as defined in9
R.S. 42:808 who does not have Medicare coverage and who seeks to enroll in a10
health benefit plan offered by the Office of Group Benefits pursuant to this Part.11
B. All employees who seek to enroll in a health benefit plan offered by the12
Office of Group Benefits may enroll in a plan chosen for the employee by the Office13
of Group Benefits unless the employing agency can verify that the employee and any14
qualified dependent of the employee meet both of the following:15
(1) Beginning July 1, 2011, and thereafter, does not smoke or otherwise use16
tobacco products.17
(2) Beginning January 1, 2012, and thereafter, has a weight and height ratio18
within a range to be determined by the Office of Group Benefits based on evidence-19
based healthy weight clinical guidelines, as determined by body mass index.20 HLS 10RS-2799 ORIGINAL
HB NO. 1367
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
C. Any employee who has attested that neither he nor his qualified1
dependents use tobacco, or who has attested that such employee or dependent is2
participating in a tobacco cessation program, may enroll at his discretion in any3
health plan offered by the Office of Group Benefits, for which the employee may be4
otherwise qualified.5
D. Any employee who has attested that he and his qualified dependents have6
a weight and height ratio within the required range, or has a medical condition that7
prevents the attainment of the acceptable weight and height ratio, or that the8
employee or dependent is actively participating in a weight management program,9
may enroll at his discretion in any health plan offered by the Office of Group10
Benefits, for which the employee may be otherwise qualified.11
E. Tobacco use and weight shall be verified annually in accordance with the12
provisions of this Section and policies established by the Office of Group Benefits.13
(1) Each employing agency with employees participating in the Office of14
Group Benefits program shall each year complete an attestation of tobacco use and15
weight for each employee and qualifying dependent who seeks to participate in a16
health insurance program offered by the Office of Group Benefits. 17
(2) The basis of the verification shall be information obtained from each18
employee attesting to the following, using a methodology determined by the Office19
of Group Benefits.20
(a) Beginning July 1, 2011, and thereafter, each employee shall attest to:21
(i) Tobacco use status.22
(ii) Participation in a tobacco cessation program.23
(b) Beginning January 1, 2012, and thereafter, each employee shall attest to:24
(i) Weight and height ratio as determined by body mass index.25
(ii) Participation in a weight management program.26
(iii) A medical condition that prevents the attainment of the acceptable27
weight and height ratio.28 HLS 10RS-2799 ORIGINAL
HB NO. 1367
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(3) The information collected by the agency as attestation from the1
employees shall be completed and submitted to the Office of Group Benefits no less2
than thirty days prior to any annual enrollment period established by the Office of3
Group Benefits. The results shall be submitted in a form and manner prescribed by4
the Office of Group Benefits.5
(4) Each agency and the Office of Group Benefits shall comply with state6
and federal laws regarding health information privacy.7
F. The Office of Group Benefits shall develop a process of appeal for any8
action taken due to an employee's failure to comply with the tobacco cessation or9
weight management requirements.10
G. The Office of Group Benefits shall promulgate rules and regulations in11
accordance with the Administrative Procedure Act to implement the provisions of12
this Section.13
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Carter HB No. 1367
Abstract: Provides for certain health insurance options for employees in state group health
insurance related to the insured's lifestyle with respect to tobacco use and weight.
Proposed law applies to all employees defined in present law (R.S. 42:808) who do not have
Medicare coverage and who seek to participate in health plans offered by the Office of
Group Benefits.
Proposed law requires the Office of Group Benefits to choose a health plan for the employee
and their dependents to enroll, unless they can attest that they do not smoke or otherwise use
tobacco products and that they have a weight and height ratio within a range determined by
the Office of Group Benefits based on evidence-based healthy weight clinical guidelines.
Proposed law provides that the attestation of the use of tobacco products will begin July 1,
2011, and verification of weight and height ratio will begin January 1, 2012.
Proposed law provides for annual assessment, by each employing agency, of tobacco use and
weight.
Proposed law requires the Office of Group Benefits to develop a process of appeal for any
action taken due to an employee's failure to comply with the smoking cessation or weight
management requirements.
(Adds R.S. 42:860)