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Regular Session, 2010
HOUSE BILL NO. 1474 (Substitute for House Bill No. 1191 by Representative Talbot)
BY REPRESENTATIVES TALBOT, HENRY BURNS, TI M BURNS, CARMODY,
CARTER, CONNICK, FOIL, GREENE, GUINN, HAZEL, HENRY, HOFFMANN,
HUTTER, KLECKLEY, LABRUZZO, LAMBERT, LIGI, LOPINTO, LORUSSO,
MONICA, PEARSON, POPE, PUGH, RICHARDSON, SCHRODER, SIMON,
SMILEY, JANE SMITH, TEMPLET, AND WOOTON
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; to provide for recovery of delinquent medical5
expenses incurred by uninsured individuals; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 22:1016 is hereby enacted to read as follows: 8
ยง1016. Choice in obtaining health insurance coverage9
A. It is hereby declared that the public policy of this state, consistent with10
our constitutionally recognized and inalienable right of liberty, is that every person11
within this state is and shall be free from governmental intrusion in choosing or12
declining to choose any mode of securing health insurance coverage without penalty13
or threat of penalty.14
B. No resident of this state, regardless of whether he has or is eligible for15
health insurance coverage under any policy or program provided by or through his16
employer, or a plan sponsored by the state or the federal government, shall be17
required to obtain or maintain a policy of individual health insurance coverage. No18 HLS 10RS-3324 REENGROSSED
HB NO. 1474
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resident of this state shall be liable for any penalty or fine for not obtaining or1
maintaining health insurance coverage.2
C. The attorney general of this state may, and shall have standing to, pursue3
litigation in any federal or state court or any administrative forum on behalf of one4
or more state residents whose constitutional rights may be subject to infringement5
by an act of congress or the implementation of a federal legislative program that6
relates to or has any impact upon the rights or interests of such residents as provided7
in this Section.8
D. After implementation of any provision of law requiring an individual to9
obtain or maintain health insurance, the following shall apply:10
(1) If the individual opts not to obtain or maintain health insurance coverage11
pursuant to this Section and incurs but fails to pay any expenses for medical care in12
this state and the health care facility or provider is compensated for such care by any13
state or federal funds, then the state shall collect such unpaid amounts from that14
person through any legal means necessary.15
(2) The uncompensated care pool of this state shall not incur any liability for16
unpaid medical bills of any person who does not obtain or maintain health insurance.17
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 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 HLS 10RS-3324 REENGROSSED
HB NO. 1474
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are additions.
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.
Proposed law provides that after implementation of any provision of law requiring an
individual to obtain or maintain health insurance, the following shall apply:
(1)If the individual opts not to obtain or maintain health insurance coverage and incurs
but fails to pay any expenses for medical care in this state and the health care facility
or provider is compensated for such care by any state or federal funds, then the state
shall collect such unpaid amounts from that person through any legal means
necessary.
(2)The uncompensated care pool of this state shall not incur any liability for unpaid
medical bills of any person who does not obtain or maintain health insurance.
(Adds R.S. 22:1016)
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Required that, after implementation of any provision of law requiring an
individual to obtain or maintain health insurance, the following apply:
(a) The state shall legally collect any unpaid amounts for a health care
facility or provider that is compensated for care by any state or federal
funds from any individual who incurs but fails to pay any expenses for
medical care in this state because the individual opted to not obtain or
maintain health insurance coverage.
(b)The uncompensated care pool of this state shall not incur any liability for
unpaid medical bills of any person who does not obtain or maintain
health insurance.