HLS 12RS-2561 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 1196 (Substitute for House Bill No. 868 by Representative Pearson)
BY REPRESENTATIVE PEARSON
INSURANCE/HEALTH: Provides relative to continuation of coverage for spouses and
dependents
AN ACT1
To amend and reenact R.S. 22:1046(F) and (G)(3) and (4), to enact R.S. 22:1045.1, and to2
repeal R.S. 22:1046(E), relative to group health, dental, and vision plans; to provide3
for continuation of group health, dental, and vision plans, and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 22:1046(F) and (G)(3) and (G)(4) are hereby amended and reenacted7
and R.S. 22:1045.1 is hereby enacted to read as follows: 8
§1045.1. Group health, dental, and vision insurance; continuation of coverage in the9
event of a COBRA qualifying event10
A. State continuation rights for employer-sponsored group health, dental,11
and vision plans that are not subject to COBRA continuation provisions and are not12
subject to applicability of the provisions of this Section shall provide for the same13
rights as if such plan were eligible for COBRA continuation provisions. 14
B. For the purposes of this Section, the following exceptions shall apply:15
(1) Continuation of coverage shall have a duration of no longer than twelve16
months from the commencement of continuation.17
(2) Notification of rights to continue coverage shall be contained in the18
certificate of coverage or the summary plan description. The employer shall not be19
required to provide additional notification.20
(3) In order to be eligible for continuation of coverage, the insured shall21
make a written election, on a form provided by the insurer, and pay the first month's22
premium prior to the month following the month in which coverage ends.23 HLS 12RS-2561 ENGROSSED
HB NO. 1196
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are additions.
§1046. Group health insurance continuation1
* * *2
F. An employee or member electing continuation shall pay to the group3
policyholder or his employer , in advance, the amount of contribution required by the4
policyho lder or employer, but not more than the full group rate for the insurance5
applicable to the employee or member under the group policy on the due date of each6
payment. The employee or member shall not be required to pay the amount of the7
contribution less often than monthly. In order to be eligible for continuation of8
coverage, the employee or member shall make a written election of continuation, on9
a form provided by the group policyholder, and pay the first contribution, in advance,10
to the policyholder or employer on or before the date on which the employee's or11
member's insurance would otherwise terminate. Such form shall be as prescribed in12
this Section.13
G. Continuation of insurance under the group policy for any person shall14
terminate on the earliest of the following dates:15
* * *16
(3) The date the employee or member becomes or is eligible to become17
covered for similar benefits under any arrangement of coverage for individuals in a18
group, whether insured or uninsured self-insured.19
(4) The date on which the group policy is terminated or, in the case of a20
multiple employer plan, the date his employer terminates participation under the21
group master policy. When this occurs the employee or member shall have a22
conversion privilege if the date of termination precedes that on which his actual23
continuation of insurance under that policy would have terminated. The insurer that24
insured the group prior to the date of termination shall make a converted policy25
available to the employee or member.26
* * *27
Section 2. R.S. 22:1046(E) is hereby repealed in its entirety.28 HLS 12RS-2561 ENGROSSED
HB NO. 1196
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are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Pearson HB No. 1196
Abstract: Provides for the continuation of group health, dental, and vision plans that are
not covered by COBRA continuation provisions.
Present law provides the option of continuation of group health, blanket, and association
services for surviving spouses age 50 or older in the event of death of the spouse who is the
primary policyholder. Further provides that the spouse will be able to continue coverage by
paying a premium price which shall be no more than it was during the life of the decedent
spouse who was the employee-member and that coverage shall continue unless and until the
surviving spouse no longer makes timely payments, becomes eligible for Medicare, becomes
eligible for another health plan, or remarries.
Proposed law retains present law.
Proposed law further provides for the same continuation of coverage in state group health
plans under the same provisions as if the Consolidated Omnibus Budget Reconciliation Act
(COBRA) were to apply.
Proposed law provides that continuation of coverage shall be limited to a 12-month period.
Further provides that the insurer shall include a notification that the insured has the right to
elect to continue coverage in the certification of coverage or the summary plan description;
the insurer shall not be required to make another notification.
Proposed law requires an insured who wishes to continue coverage to elect continuation on
a form provided by the insurer and to pay the first month's premium prior to the month
following the month in which coverage ends.
(Amends R.S. 22:1046(F) and (G)(3) and (4); Adds R.S. 22:1045.1; Repeals R.S.
22:1046(E))