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Regular Session, 2010
SENATE BILL NO. 304
BY SENATOR LONG
HEALTH/ACC INSURANCE. Provide for the filing of articles of incorporation of health
maintenance organizations in the office of the secretary of state. (8/15/10)
AN ACT1
To amend and reenact R.S. 22:243(D)(1) and 251, relative to health maintenance2
organizations; to provide with respect to the filing of articles of incorporation of3
health maintenance organizations in the office of the secretary of state; to provide for4
the retention of original records; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 22:243(D)(1) and 251 are hereby amended and reenacted to read as7
follows: 8
§243. Incorporation9
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D.(1) After the payment of all fees owed to the Department of Insurance, the11
articles showing the approval of the commissioner shall be filed in the office of the12
secretary of state by the commissioner together with an initial report, as prescribed13
by R.S. 12:101. If the first directors are not named in the articles of incorporation and14
the initial report, a supplemental report, setting forth their names and addresses, and15
signed by each incorporator or by any shareholder, shall be filed with the secretary16
of state and filed for record as provided by Paragraph (4) of this Subsection as soon17 SB NO. 304
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as they have been selected.1
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§251. Books and records of health maintenance organizations3
A. Every health maintenance organization shall maintain the books and4
records relating to activities conducted in the state in its offices within the state5
pursuant to the provisions of this Subpart. Such health maintenance organization6
may cause any or all such books, records, documents, accounts, and vouchers7
to be photographed or reproduced on film. Any such photographs,8
microphotographs, optical imaging, or film reproductions of any original books,9
records, documents, accounts, and vouchers shall for all purposes be considered10
the same as the originals thereof and a transcript, exemplification, or certified11
copy of any such photograph, microphotograph, optical imaging, or film12
reproduction shall for all purposes be deemed to be a transcript,13
exemplification, or certified copy of the original. Any original so reproduced14
may thereafter be disposed of or destroyed, as provided for in Subsection B of15
this Section, if provision is made for preserving and examining such16
reproductions.17
B. All such original books, records, documents, accounts, and vouchers,18
or such reproductions thereof, shall be preserved and kept available in this state19
for the purpose of examination and until authority to destroy or otherwise20
dispose of such records is secured from the commissioner. At a minimum all21
such original records shall be maintained for the period commencing on the22
first day following the last period examined by the commissioner through the23
subsequent examination period, or five years, whichever is greater. Such24
original records may, however, be kept and maintained outside this state if,25
according to a plan adopted by the company's board of directors and approved26
by the commissioner, it maintains suitable records in lieu thereof.27
B. C. If books and records, other than those required by Subsection A of this28
Section, to be located in the state, are located outside the state, the health29 SB NO. 304
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maintenance organization shall make the records and books available to the1
commissioner at a location within this state or pay reasonable and necessary2
expenses for the commissioner or his representative to examine them at the place3
where the records and books are maintained. The commissioner may designate4
representatives, including comparable officials of the state in which the records are5
located, to inspect the books and records on behalf of the commissioner.6
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cheryl Horne.
DIGEST
Present law requires the commissioner of insurance to file the articles of incorporation for
health maintenance organizations with the secretary of state. Proposed law requires that the
health maintenance organization file their articles of incorporation with the secretary of state.
Present law requires a health maintenance organization to maintain the books and records
relating to activities conducted in the state in its offices within the state.
Proposed law retains present law and allows health maintenance organizations to cause any
or all books and records to be photographed or reproduced on film. Requires any such film
reproductions to be considered the same as the originals. Requires a transcript,
exemplification, or certified copy of any reproduction to be deemed to be a transcript or
certified copy of the original.
Proposed law requires all original books, records, documents, accounts and vouchers, or
such reproductions thereof, to be preserved and kept available in the state for the purpose
of examination until authority to destroy or otherwise dispose of such records is secured by
the commissioner. Requires all original records to be maintained for the period commencing
on the first day following the last period examined by the commissioner through the
subsequent examination period, or five years, whichever is greater. Permits original records
to be kept and maintained outside the state if, according to a plan adopted by the company's
board of directors and approved by the commissioner, it maintains suitable records in lieu
thereof.
Effective August 15, 2010.
(Amends R.S. 22:243(D)(1) & 251)