HLS 12RS-192 ORIGINAL
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 82
BY REPRESENTATIVE SEABAUGH
INSURANCE/AUTOMOBILE: Provides relative to automobile medical payment coverage
AN ACT1
To amend and reenact R.S. 22:1881, relative to automobile medical payment coverage; to2
provide with respect to the prohibition on reimbursement of monies paid by insurers3
providing such coverage to health insurance issuers; to provide for applicability; and4
to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 22:1881 is hereby amended and reenacted to read as follows: 7
ยง1881. Reimbursement of Prohibition on reimbursement of monies paid to health8
insurers insurance issuers under automobile medical payment provisions;9
limitation on amounts reimbursed applicability10
A. Except as provided in this Section or by agreement between the parties11
and in accordance with regulations of the Department of Insurance governing the12
coordination of benefits, no No health insurance issuer shall seek reimbursement13
from an insurer that provides automobile medical payment coverage to the health14
insurance issuer's insured or enrollee. member without obtaining the prior written15
consent of the insured or member or his legal representative. After a period of nine16
months from the date of the accident from which medical claims arise, the health17
insurance issuer may seek reimbursement from the medical payments insurer for18
only the outstanding balance remaining under the automobile policy for medical19
coverage.20 HLS 12RS-192 ORIGINAL
HB NO. 82
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
B. The provisions of this Section shall not prohibit or impair the rights of an1
insurer or provider from seeking reimbursement of monies paid pursuant to an2
insurance policy, plan, or self-insurance fund provided the total amount to be3
reimbursed shall not exceed the amount actually paid by the insurer or provider.4
C. B. The provisions of this Section shall not apply to Medicare Advantage5
plans or self-insured plans.6
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)]
Seabaugh HB No. 82
Abstract: Prohibits reimbursement of monies paid by insurers providing automobile
medical payment coverage to health insurance issuers and provides for applicability.
Proposed law provides with respect to automobile medical payment coverage as follows:
(1)Present law prohibits a health insurance issuer from seeking reimbursement from an
insurer that provides automobile medical payment coverage to the health insurance
issuer's insured or member without obtaining the prior written consent of the insured
or member or his legal representative, except as provided in present law or by
agreement between the parties and in accordance with regulations of the Dept. of
Insurance governing the coordination of benefits.
Proposed law instead prohibits a health insurance issuer from seeking reimbursement
from an insurer that provides automobile medical payment coverage to the health
insurance issuer's insured or enrollee.
(2)Present law further authorizes health insurance issuers, after a period of nine months
from the date of the accident from which medical claims arise, to seek
reimbursement from the medical payments insurer for only the outstanding balance
remaining under the automobile policy for medical coverage.
Proposed law deletes present law.
(3)Present law provides that it shall not prohibit or impair the rights of an insurer or
provider from seeking reimbursement of monies paid pursuant to an insurance
policy, plan, or self-insurance fund provided the total amount to be reimbursed shall
not exceed the amount actually paid by the insurer or provider.
Proposed law deletes present law.
(4)Present law provides that it shall not apply to Medicare Advantage plans or self-
insured plans.
Proposed law retains present law.
(Amends R.S. 22:1881)