HLS 10RS-3324 ORIGINAL Page 1 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2010 HOUSE BILL NO. 1474 BY REPRESENTATIVE TALBOT (Substitute for House Bill No. 1191 by Representative Talbot INSURANCE/HEALTH-ACCID: Provides relative to the sale and purchase of health insurance coverage AN ACT1 To enact R.S. 22:1016, relative to the sale and purchase of health insurance coverage; to2 provide for public policy; to prohibit any resident of this state from being required3 to purchase health insurance coverage; to authorize the attorney general to initiate4 litigation relative to such prohibition; and to provide for related matters.5 Be it enacted by the Legislature of Louisiana:6 Section 1. R.S. 22:1016 is hereby enacted to read as follows: 7 ยง1016. Choice in obtaining health insurance coverage8 A. It is hereby declared that the public policy of this state, consistent with9 our constitutionally recognized and inalienable rights of liberty, is that every person10 within this state is and shall be free from governmental intrusion in choosing or11 declining to choose any mode of securing health insurance coverage without penalty12 or threat of penalty.13 B. No resident of this state, regardless of whether he has or is eligible for14 health insurance coverage under any policy or program provided by or through his15 employer, or a plan sponsored by the state or the federal government, shall be16 required to obtain or maintain a policy of individual health insurance coverage. No17 resident of this state shall be liable for any penalty or fine for not obtaining or18 maintaining health insurance coverage.19 HLS 10RS-3324 ORIGINAL HB NO. 1474 Page 2 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. C. The attorney general of this state may and shall have standing to pursue1 litigation in any federal or state court or any administrative forum on behalf of one2 or more state residents whose constitutional rights may be subject to infringement3 by an Act of Congress or the implementation of a federal legislative program that4 relates to or has any impact upon the rights or interests of such residents as provided5 in this Section.6 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)] Talbot HB No. 1474 Abstract: Prohibits any resident of this state from being required to obtain or maintain health insurance coverage and from being penalized for failure to do so. Also authorizes the attorney general to initiate litigation relative to such prohibition. Proposed law states the policy of the state that its residents have freedom of choice in selecting their health care coverage without governmental intrusion and without penalty. Proposed law provides that no state resident shall be required to obtain or maintain a policy of individual health insurance coverage regardless of what program or plan which he is offered. Further provides that no such resident shall be liable for any penalty or fine for not obtaining or maintaining health insurance coverage. Proposed law provides that the state's attorney general may and shall have standing to pursue litigation in any federal or state court or any administrative forum on behalf of any state resident whose constitutional rights may be subject to infringement by an Act of Congress or the implementation of a federal legislative program that relates to or has any impact upon the rights or interests of state residents as provided in proposed law. (Adds R.S. 22:1016)