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ACT No. 280
Regular Session, 2010
HOUSE BILL NO. 821
BY REPRESENTATIVE KLECKLEY
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
toward 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
difficult or medically inadvisable for the individual to participate in the wellness or20
health improvement program.21
D. Nothing in this Section shall prohibit health insurance issuers from22
offering incentives or rewards to members for adherence to wellness or health23
improvement programs if otherwise allowed by state or federal law.24 ENROLLEDHB NO. 821
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E. As used in this Section, "health insurance issuer" means any entity that1
offers health insurance coverage through a policy or certificate of insurance subject2
to state law that regulates the business of insurance. For purposes of this Section, a3
"health insurance issuer" shall include a health maintenance organization, as defined4
and licensed pursuant to Subpart I of Part I of Chapter 2 of this Title, nonfederal5
government plans subject to the provisions of Subpart B of Part II of Chapter 6 of6
this Title, and the Office of Group Benefits.7
Section 2. This Act shall become effective upon signature by the governor or, if not8
signed by the governor, upon expiration of the time for bills to become law without signature9
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If10
vetoed by the governor and subsequently approved by the legislature, this Act shall become11
effective on the day following such approval.12
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: