SLS 10RS-433 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 135
BY SENATOR DUPLESSIS
INSURERS. Require insurance carriers to provide utilization data within fourteen business
days after a written request is received. (8/15/10).
AN ACT1
To enact R.S. 22:978(A)(3) and (4), relative to health and accident insurance; to provide for2
notification to the insured of the policy renewal premium; to provide with respect to3
responses to written requests for quotes and utilization data; to provide for penalties;4
and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 22:978(A)(3) and (4) are hereby enacted to read as follows: 7
ยง978. Group, family group, blanket, and association health and accident insurance;8
notice required for certain premium increase, cancellation, or9
nonrenewal10
A. (1) * * *11
(3) Every insurer included in Paragraph A(1) of this Section shall notify12
the policyholder in writing, at least ninety days before the expiration of a policy,13
regarding the renewal premium of such policy.14
(4) Notwithstanding any provision of law to the contrary, an insured15
may submit a written request to an insurer for coverage, premium and16
utilization data up to eighty days prior to the expiration or renewal date of the17 SB NO. 135
SLS 10RS-433 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
insurance policy. The insurer shall provide the data within fourteen days from1
receipt of the request. Failure to comply with the provisions of this Subsection2
shall result in the forfeiture of ten percent of the premium due upon renewal of3
the policy.4
* * *5
The original instrument was prepared by Cheryl Horne. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Thomas L. Tyler.
DIGEST
Duplessis (SB 135)
Present law requires every insurer issuing a policy of group, family group, blanket, or
association health and accident insurance to notify the policyholder in writing at least 45
days before any increase of 20% or more in the policy rates or at least 60 days before any
policy cancellation or nonrenewal.
Proposed law retains present law and requires every insurer to give written notification to
the insured, at least 90 days before expiration of the policy, as to the policy's renewal
premium.
Proposed law authorizes the insured make written request to the insurer for coverage,
premium, and utilization data and provides that such request be made up to 80 days prior to
the expiration or renewal date of the insurance policy. Requires the insurer to provide the
requested data within 14 days of receipt of the written request. Provides for a forfeiture of
10% of the premium due for failing to comply with proposed law.
Effective August 15, 2010.
(Adds R.S. 22:978(A)(3) and (4))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Insurance to the original
bill.
1. Adds requirement of notification to policyholder at least 90 days prior to
expiration of policy as to renewal premium.
2. Changes from 60 to 80 days the period prior to the expiration or renewal date
for an insured to make written request for coverage, premium, and utilization
data.