Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010 ENROLLED
SENATE BILL NO. 673
BY SENATOR HEBERT
AN ACT1
To amend and reenact R.S. 22:46(9)(b), (c), and (d), relative to the commissioner of2
insurance; to provide for the filing of annual audited statements by certain3
professional, trade, and occupational or public liability trust funds; and to provide4
for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 22:46(9)(b), (c), and (d) are hereby amended and reenacted to read7
as follows: 8
ยง46. General definitions9
In this Code, unless the context otherwise requires, the following definitions10
shall be applicable:11
* * *12
(9) (a) * * *13
(b) The establishment and operation of at least one or more professional or14
public liability trust funds by a statewide hospital association in this state for the15
purpose of providing a means by which any type of professional malpractice or16
public liability claims or judgments arising from such claims against hospitals which17
are members of the association and claims against members of societies of the18
association shall be paid or settled shall not be deemed to be insurance and such trust19
or trusts shall not be deemed to be licensed, admitted or authorized insurers but shall20 SB NO. 673 ENROLLED
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
be subject to Subpart E of Part III of Chapter 2 of this Title, R.S. 22:651 et seq., Part1
IV of Chapter 7 of this Title, R.S. 22:1961 et seq., and Chapters 8 and 12 of this2
Title, R.S. 22:1981 et seq. and R.S. 22:2191 et seq. An annual audited statement for3
each such trust shall be filed with the commissioner of insurance by June thirtieth4
of each year for the immediately preceding year ending December thirty-first5
or within six months of the close of the fiscal year, only if records are not6
maintained on a calendar year basis. The commissioner of insurance shall also7
have the authority to examine the books, records and affairs of the trust funds.8
(c) The establishment and operation of professional and public liability trust9
funds by a nonprofit beneficiary organization as set forth in Subpart N of Part I of10
Chapter 2 of this Title, R.S. 22:401 et seq., shall not be deemed to be insurance and11
the trusts shall not be deemed to be a licensed, admitted, or authorized insurer but12
shall be subject to Subpart E of Part III of Chapter 2 of this Title, Part IV of Chapter13
7 of this Title, and Chapters 8 and 12 of this Title. An annual audited statement14
shall be filed with the commissioner of insurance by June thirtieth of each year for15
the immediately preceding year ending December thirty-first or within six16
months of the close of the fiscal year, only if records are not maintained on a17
calendar year basis. The commissioner of insurance shall also have the authority18
to examine the books, records, and affairs of the trust fund.19
(d) The establishment and operation of at least one or more professional,20
trade, and occupational or public liability trust funds by professional associations in21
this state for the purpose of providing a means by which professional malpractice22
and public liability claims or judgments arising from such claims against members23
of the associations shall be paid or settled shall not be deemed to be insurance, and24
the trust shall not be deemed to be a licensed, admitted, or authorized insurer but25
shall be subject to Subpart E of Part III of Chapter 2 of this Title, Part IV of Chapter26
7 of this Title, and Chapters 8 and 12 of this Title. An annual audited statement27
shall be filed with the commissioner of insurance by June thirtieth of each year for28
the immediately preceding year ending December thirty-first or within six29
months of the close of the fiscal year, only if records are not maintained on a30 SB NO. 673 ENROLLED
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
calendar year basis. The commissioner of insurance shall also have the authority1
to examine the books, records, and affairs of the trust fund.2
* * *3
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: