HLS 10RS-778 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. 272
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 program; to provide for enrollment in state3
group health plans; to provide for verification 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 program8
A. This Section shall apply to any employee as defined in R.S. 42:808 who9
does not have Medicare coverage and who seeks to enroll in a health benefit plan10
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:15
(1) Does not smoke or otherwise use tobacco products.16
(2) Has a weight and height ratio within a range determined by the Office of17
Group Benefits based on evidence-based healthy weight clinical guidelines.18
C. Any employee who has verification that neither the employee nor the19
employee's qualified dependents use tobacco, or who has verification that such20 HLS 10RS-778 ORIGINAL
HB NO. 272
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
employee or dependent is participating in a tobacco cessation program, may enroll1
in any health plan offered by the Office of Group Benefits, for which the employee2
may be otherwise qualified.3
D. Any employee who has verification that the employee and the employee's4
qualified dependents have a weight and height ratio within the required range, or has5
a medical condition that prevents the attainment of the acceptable weight and height6
ratio, or that the employee or dependent is actively participating in a weight7
management program, may enroll in any health plan offered by the Office of Group8
Benefits, for which the employee may be otherwise qualified.9
E. Tobacco use and weight shall be assessed annually.10
F.(1) Each employing agency with employees participating in the Office of11
Group Benefits program shall complete the verification of tobacco use and weight12
for each employee and qualifying dependent who seek to participate in a health13
insurance program offered by the Office of Group Benefits.14
(2) Each agency shall develop a method that has been approved by the Office15
of Group Benefits for verifying the following:16
(a) Tobacco use.17
(b) Weight and height ratio.18
(c) Participation in a tobacco cessation program.19
(d) Participation in a weight management program.20
(e) A medical condition that prevents the attainment of the acceptable weight21
and height ratio.22
(3) Each employing agency shall complete the verification and submit the23
results to the Office of Group Benefits no less than thirty days prior to any annual24
enrollment period established by the Office of Group Benefits. The results shall be25
submitted in a form and manner prescribed by the Office of Group Benefits.26
(4) Each agency shall comply with state and federal laws regarding health27
information privacy.28 HLS 10RS-778 ORIGINAL
HB NO. 272
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are additions.
G. The Office of Group Benefits shall develop a process of appeal for any1
action taken due to an employee's failure to comply with the tobacco cessation or2
weight management requirements.3
H. The Office of Group Benefits shall promulgate rules and regulations in4
accordance with the Administrative Procedure Act to implement the provisions of5
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)]
Carter HB No. 272
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 programs 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 verify 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 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)