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Regular Session, 2010
HOUSE BILL NO. 821
BY REPRESENTATIVE KLECKLEY
INSURANCE/HEALTH-ACCID: Provides for voluntary wellness or health improvement
programs to be offered by health insurance issuers
AN ACT1
To enact R.S. 22:1016, relative to programs offered by health insurance issuers; to authorize2
and otherwise provide with respect to voluntary wellness or health improvement3
programs to be offered by such issuers; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 22:1016 is hereby enacted to read as follows: 6
ยง1016. Wellness or health improvement programs7
A. A health insurance issuer may offer a voluntary wellness or health8
improvement program that allows for rewards or incentives including but not limited9
to merchandise, gift cards, debit cards, premium discounts or rebates, contributions10
towards a member's health savings account, modifications to copayment, deductible,11
or coinsurance amounts, or any combination of these incentives to encourage12
participation or to reward for participation in the program.13
B. Any reward or incentive established under this Section shall not violate14
Part IV of Chapter 7 of this Title if disclosed in the policy or certificate of authority15
of the health insurance issuer and filed with the Department of Insurance in16
accordance with existing state requirements.17
C. The insured or enrollee may be required to provide verification, such as18
a statement from his physician, that a medical condition makes it unreasonably19 HLS 10RS-1618 ORIGINAL
HB NO. 821
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difficult or medically inadvisable for the individual to participate in the wellness or1
health improvement program.2
D. Nothing in this Section shall prohibit health insurance issuers from3
offering incentives or rewards to members for adherence to wellness or health4
improvement programs if otherwise allowed by state or federal law.5
E. As used in this Section, "health insurance issuer" means any entity that6
offers health insurance coverage through a policy or certificate of insurance subject7
to state law that regulates the business of insurance. For purposes of this Section, a8
"health insurance issuer" shall include a health maintenance organization, as defined9
and licensed pursuant to Subpart I of Part I of Chapter 2 of this Title, nonfederal10
government plans subject to the provisions of Subpart B of Part II of Chapter 6 of11
this Title, and the Office of Group Benefits.12
Section 2. This Act shall become effective upon signature by the governor or, if not13
signed by the governor, upon expiration of the time for bills to become law without signature14
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If15
vetoed by the governor and subsequently approved by the legislature, this Act shall become16
effective on the day following such approval.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)]
Kleckley HB No. 821
Abstract: Authorizes health insurance issuers to offer voluntary wellness or health
improvement programs that allow for rewards or incentives for insureds or enrollees.
Proposed law authorizes a health insurance issuer to offer a voluntary wellness or health
improvement program that allows for rewards or incentives including but not limited to
merchandise, gift cards, debit cards, premium discounts or rebates, contributions towards a
member's health savings account, modifications to copayment, deductible, or coinsurance
amounts, or any combination of these incentives to encourage participation or to reward for
participation in the program.
Proposed law further provides that any such reward or incentive shall not violate present law
relative to unfair trade practices in the business of insurance if disclosed in the policy or
certificate of authority of the health insurance issuer and filed with the Department of
Insurance in accordance with existing state requirements. HLS 10RS-1618 ORIGINAL
HB NO. 821
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Proposed law also provides that the insured or enrollee may be required to provide
verification, such as a statement from his physician, that a medical condition makes it
unreasonably difficult or medically inadvisable for the individual to participate in the
wellness or health improvement program.
Proposed law provides that nothing in proposed law shall prohibit health insurance issuers
from offering incentives or rewards to members for adherence to wellness or health
improvement programs if otherwise allowed by state or federal law.
Proposed law defines a "health insurance issuer" as any entity that offers health insurance
coverage through a policy or certificate of insurance subject to state law that regulates the
business of insurance, including health maintenance organizations, certain nonfederal
government plans, and the Office of Group Benefits.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 22:1016)