Louisiana 2013 2013 Regular Session

Louisiana House Bill HB524 Enrolled / Bill

                    ENROLLED
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Regular Session, 2013
HOUSE BILL NO. 524
BY REPRESENTATIVE BURRELL AND SENATOR THOMPSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 22:1000(A)(introductory paragraph), (3)(introductory2
paragraph), (a), (b), (c), (d), (f), (g), and (h) and to enact R.S. 22:1000(A)(3)(i)3
through (o) and (4), relative to group blanket health and accident insurance; to4
provide additional special groups for purposes relative to group blanket health and5
accident insurance; to clarify provisions relative to policies of group blanket health6
and accident insurance; to provide for applicability; and to provide for related7
matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1.  R.S. 22:1000(A)(introductory paragraph), (3)(introductory paragraph),10
(a), (b), (c), (d), (f), (g), and (h) are hereby amended and reenacted and R.S.11
22:1000(A)(3)(i) through (o) and (4) are hereby enacted to read as follows:12
ยง1000. Group, family group, blanket, and association health and accident insurance13
A. Any insurer authorized to write health and accident insurance in this state14
shall have the power to issue policies described in this Section., provided that no15
policy issued pursuant to this Section shall conflict with other provisions of this Title16
or with federal law including but not limited to relevant provisions of law governing17
major medical health and accident policies.18
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(3) Blanket health and accident insurance is any policy covering special20
groups of persons as enumerated in one any of the following Subparagraphs (a)21
through (g):22
(a) Under a policy or contract issued to any common carrier 	or to any23
operator, owner, or lessee of a means of transportation that operates as a common24 ENROLLEDHB NO. 524
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carrier, which shall be deemed the policyholder, covering a group defined as all1
persons who may become passengers on such common carrier or means of2
transportation.3
(b) Under a policy issued to an employer, who shall be deemed the4
policyholder, covering any group of employees , dependents, or guests defined by5
reference to exceptional hazards incident to activities or operations of the6
policyholder such employment.7
(c) Under a policy issued to a college, school, or other institution of learning,8
a school district or districts or school jurisdictional unit, or to the head, or principal,9
or governing board thereof, of that institution who or which shall be deemed the10
policyholder, covering students, or teachers, employees, or volunteers.11
(d) Under a policy issued in the name of any volunteer 	or governmental fire12
department, first aid, civil defense, or other such volunteer group, which shall be13
deemed the policyholder, covering any group all of the members, participants, or14
volunteers incident to any activities or operations sponsored or supervised by of such15
department or group.16
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(f) Under a policy or contract issued to a sports team, camp, or sponsor18
thereof, which shall be deemed the policyholder, covering members, campers,19
employees, officials, supervisors, or volunteers.20
(g) Under a policy or contract issued to a religious, charitable, recreational,21
educational, or civic organization or branch thereof, which shall be deemed the22
policyholder, covering any group of members, participants, or volunteers defined by23
reference to specified hazards incident to any activities or operations sponsored or24
supervised by or on the premises of such policyholder.25
(h) Under a policy or contract issued to a newspaper or other publisher,26
which shall be deemed the policyholder, covering its carriers.27
(i) Under a policy or contract issued to a restaurant, hotel, motel, resort,28
innkeeper, or other group with a high degree of potential customer liability, which29
shall be deemed the policyholder, covering patrons, guests, or volunteers.30 ENROLLEDHB NO. 524
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(j) Under a policy or contract issued to a health maintenance organization,1
a health care provider or other arranger of health services, which shall be deemed the2
policyholde r, covering subscribers, patients, donors, and surrogates, provided that3
the coverage is not made a condition of receiving care or that major medical health4
and accident coverage may not be provided to subscribers or other enrollees pursuant5
to this Section.6
(k) Under a policy or contract issued to a bank or other financial association7
or institution, vendor, or to a parent holding company or to the trustee, trustees, or8
agent designated by one or more banks or other financial associations or institutions9
or vendors under which account holders, credit card holders, debtors, guarantors, or10
purchasers are insured.11
(l) Under a policy or contract issued to an incorporated or unincorporated12
association of persons having a common interest or calling, formed for purposes13
other than obtaining insurance, which association shall be deemed the policyholder,14
covering members or participants of such association.15
(m) Under a policy or contract issued to a travel agency or other organization16
that provides travel related services, which organization shall be deemed the17
policyholder, to cover all persons for which travel related services are provided.18
(f)(n) Under a policy issued to any other 	substantially similar group risk or19
class of risks which that, in the discretion of the commissioner of insurance, may be20
subject to the issuance of a blanket health and accident policy. The discretion of the21
commissioner may be exercised on an individual risk basis or class of risks, or both.22
(g)(o) Under a policy or contract issued to the Department of Health and23
Hospitals, which shall be deemed the policyholder, covering a group defined as all24
persons who are eligible for medical assistance pursuant to a coverage program25
implemented pursuant to approval of the secretary of the United States Department26
of Health and Human Services using authority granted under Section 1115 of the27
Social Security Act.28
(h)(4) An individual application shall not be required from a person covered29
under such a blanket policy.  The insurer shall furnish to the policyholder for30 ENROLLEDHB NO. 524
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delivery to the insured a certificate of insurance which that shall disclose the1
benefits, limitations, exclusions, and reductions contained in the policy and the2
provisions relating to notice of claim, proof of loss, time of payment of claim, and3
any other relevant information, including the name and address of the insurer.  All4
benefits under any such blanket policy shall be payable to the person insured, or to5
his designated beneficiary or beneficiaries, if the policy permits the designation of6
named beneficiaries, or to his estate, except that if the person insured be is a minor7
such benefits may be made payable to his parent, guardian, or other person actually8
supporting him.9
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: