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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, 2012
SENATE BILL NO. 643
BY SENATOR CORTEZ
GROUP INSURANCE. Changes definitions relating to portability, availability, and
renewability of health insurance. (8/1/12)
AN ACT1
To amend and reenact R.S. 22:1061(5)(e)(ii) and (iii), relative to portability, availability, and2
renewability of health insurance coverage; to provide for definitions of large and3
small employers for purposes of such coverage; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 22:1061(5)(e)(ii) and (iii) are hereby amended and reenacted to read6
as follows:7
ยง1061. Definitions 8
* * *9
(5)(e)(i)10
* * *11
(ii) "Large employer" means, in connection with a group health plan with12
respect to a calendar year and a plan year, an employer who employed an average of13
at least fifty-one one hundred one employees on business days during the preceding14
calendar year and who employs at least two employees on the first day of the plan15
year.16
(iii) "Small employer" means, in connection with a group health plan with17 SB NO. 643
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
respect to a calendar year and a plan year, an employer who employed an average of1
at least one but not more than fifty one hundred employees on business days during2
the preceding calendar year and who employs at least one employee on the first day3
of the plan year.4
Section 2. The provisions of this Act shall expire and be void after a final, non5
appealable judgment by the United States Supreme Court that includes the merits of the6
provisions of Section 2794 of the Public Health Service Act and that rejects the validity of7
such provisions, together with any and all federal regulations promulgated in accordance8
therewith by any federal agency. The provisions of this Act shall become null and void9
immediately upon congressional repeal of Section 2794 of the Public Health Service Act.10
The original instrument was prepared by Cheryl Horne. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Nancy Vicknair.
DIGEST
Cortez (SB 643)
Present law provides that the requirements of present law relative to group health plans apply
to large employers who employed an average of at least 51 employees during the preceding
calendar year. Further provides that present law requirements apply to small employers who
employed between one and 50 employees during the preceding calendar year.
Proposed law amends the definitions of small employer and large employer. Defines "small
employer" as an employer who employed an average of not more than 100 employees in the
preceding calendar year. Defines "large employer" as an employer who employed an
average of at least 101 employees in the preceding calendar year.
Proposed law provides that proposed law shall expire and be void after a final, non
appealable judgment by the United States Supreme Court that includes the merits of the
provisions of Section 2794 of the Public Health Service Act and that rejects the validity of
such provisions, together with any and all federal regulations promulgated in accordance
therewith by any federal agency. Further provides that proposed law shall become null and
void immediately upon congressional repeal of Section 2794 of the Public Health Service
Act.
Effective August 1, 2012.
(Amends R.S. 22:1061(5)(e)(ii) and (iii))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Provides that proposed law shall expire and be void after a final, non
appealable judgment by the U.S. Supreme Court that includes the merits of
Section 2794 of the Public Health Service Act or immediately upon
congressional repeal of Section 2794 of the Public Health Service Act.