HLS 12RS-1109 ORIGINAL
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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. 669
BY REPRESENTATIVE BARROW
WORKERS COMPENSATION: Provides with respect to the monetary limit for prior
authorization for medical treatment
AN ACT1
To amend and reenact R.S. 23:1142(B)(1) and (C)(1), relative to workers' compensation2
claims; to increase the monetary limit for prior authorization for nonemergency3
medical treatment; to provide for the responsibility of charges incurred in diagnostic4
testing and treatment; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 23:1142(B)(1) and (C)(1) are hereby amended and reenacted to read7
as follows:8
ยง1142. Approval of health care providers; fees9
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B. Nonemergency care. (1) Except as provided herein, each health care11
provider may not incur more than a total of seven hundred fifty one thousand five12
hundred dollars in nonemergency diagnostic testing or treatment without the mutual13
consent of the payor and the employee as provided by regulation. Except as14
provided herein, that portion of the fees for nonemergency services of each health15
care provider in excess of seven hundred fifty one thousand five hundred dollars16
shall not be an enforceable obligation against the employee or the employer or the17
employer's workers' compensation insurer unless the employee and the payor have18
agreed upon the diagnostic testing or treatment by the health care provider.19
* * *20 HLS 12RS-1109 ORIGINAL
HB NO. 669
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
C. Emergency care. (1) In no event shall prior consent be required for any1
emergency procedure or treatment deemed immediately necessary by the treating2
health care provider. Any health care provider who authorizes or orders emergency3
diagnostic testing or treatment, when said such diagnostic testing or treatment is held4
not to have been of an emergency nature, shall may be responsible for all of the5
charges incurred in such diagnostic testing or treatment. The Said health care6
provider shall bear the burden of proving the emergency nature of the diagnostic7
testing or treatment.8
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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)]
Barrow HB No. 669
Abstract: Increases the threshold limit for prior authorization for medical treatment and
provides for liability of charges incurred in diagnostic testing or treatment.
Present law provides that each health care provider may not incur more than $750 in
nonemergency diagnostic testing or treatment without the mutual consent of the payor and
the employee.
Proposed law raises that amount to $1,500.
Present law provides that prior consent shall not be required for emergency care.
Present law provides that when a health care provider authorizes emergency diagnostic
testing or treatment, and the testing or treatment is found not to have been an emergency,
that the health care provider shall be liable for all of the charges for the nonemergency
treatment or testing.
Proposed law changes the mandatory language to permissive, providing that the health care
provider may be held liable for charges that are found to not be of an emergent nature.
(Amends R.S. 23:1142(B)(1) and (C)(1))