Louisiana 2010 2010 Regular Session

Louisiana House Bill HB1474 Introduced / Bill

                    HLS 10RS-3324	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. 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
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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)