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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. 578
BY SENATOR CLAITOR
HEALTH CARE. Prohibits health insurers from seeking reimbursement from an insurer
providing automobile medical payment coverage to the health insurer's insured without
written consent of the insured, or member, or his legal representative. (8/15/10)
AN ACT1
To enact R.S. 22:1880, relative to health insurance; to prohibit health insurance issuers from2
seeking recovery from insurers providing automobile medical payment coverage3
without written consent; to prohibit reimbursements that exceed amounts actually4
paid by an insurer or insurance provider; to provide for payment of court costs and5
attorney fees in certain cases; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 22:1880 is hereby enacted to read as follows:8
ยง1880. Reimbursement of monies paid to health insurers under automobile9
medical payment provisions; limitation on amounts reimbursed;10
court costs and attorney fees11
A. Except as provided in this Section, no health insurance issuer shall12
seek reimbursement from an insurer that provides automobile medical payment13
coverage to the health insurance issuer's insured or member without obtaining14
the prior written consent of the insured or member or his legal representative.15
B. The provisions of the Section shall not prohibit or impair the rights16
of an insurer or provider from seeking reimbursement of monies paid pursuant17 SB NO. 578
SLS 10RS-1018 REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
to an insurance policy, plan, or self-insurance fund provided the total amount1
to be reimbursed shall not exceed the amount actually paid by the insurer or2
provider.3
C. Any person seeking to enforce the provisions of this Section shall be4
entitled to recover court costs and reasonable attorney fees in any successful5
action or proceeding to enforce the provisions of this Section.6
The original instrument was prepared by Christopher D. Adams. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Tammy Crain Waldrop.
DIGEST
Claitor (SB 578)
Proposed law prohibits a health insurer from seeking reimbursement from an insurer that
provides automobile medical payment coverage to the health insurer's insured or member
without obtaining prior written consent from the insured or member or his legal
representative.
Proposed law does not prohibit or impair the rights of an insurer or provider from seeking
reimbursement of monies paid; however, the total amount to be reimbursed will not exceed
the amount actually paid by the insurer or provider.
Proposed law requires that a person seeking to enforce the proposed law be entitled to
recover court costs and attorney fees in any successful action or proceeding to enforce the
proposed law.
Effective August 15, 2010.
(Adds R.S. 22:1880)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Insurance to the original
bill.
1. Limits application of proposed law to health insurer's seeking reimbursement
from their insured's insurer that provides automobile medical payment
coverage.
Senate Floor Amendments to engrossed bill.
1. Technical amendments with clarifying language.