Louisiana 2013 2013 Regular Session

Louisiana House Bill HB524 Comm Sub / Analysis

                    Burrell (HB 524)	Act No. 201
(1)Prior law authorized any health and accident insurer in the state to issue policies
described in prior law.
New law clarifies that those insurers can issue those policies if such policies do not
conflict with state or federal law.
(2)Prior law recognized group health and accident insurance as a policy of health and
accident insurance which covers more than one person, with certain exceptions.
(3)Prior law recognized blanket health and accident insurance as a type of group health
and accident insurance that covers special groups of persons.  Prior law further listed
these special groups.
New law retains prior law and adds to the list of special groups with respect to
blanket health and accident insurance.
(4)Prior law listed common carriers as a special group.
New law retains prior law and clarifies that the special group of "common carriers"
includes any operator, owner, or lessee of a means of transportation that operates as
a common carrier.
(5)Prior law listed employers as a special group, and stated that the policy of insurance
shall cover employees.
New law alters prior law to include coverage for dependents or guests of an
employer, as defined by reference to hazards incident to any activities or operations
of the employer-policyholder.
(6)Prior law listed colleges, schools, and other institutions of learning as a special group,
stating that the head or principal of such institution of learning is the policyholder.
Prior law stated that coverage may extend to students and teachers.
New law retains prior law and adds school districts and school jurisdiction units to
the type of institutions of learning which may be recognized as a special group;
further includes a governing board of such institution as a potential policyholder.
New law further extends coverage to employees and volunteers of such institutions.
(7)Prior law listed volunteer fire departments, first aid groups, and other such groups as
a special group. Prior law states that coverage extends to all members of such fire
departments and first aid groups.
New law retains prior law and adds governmental fire departments, as well as civil
defense groups.  New law further extends coverage to "participants" and "volunteers"
of such departments and first aid or civil defense group, incident to sponsored or
supervised activities.
(8)New law adds sports teams, camps, and their sponsors to the list of special groups,
with coverage extended to members, campers, employees, officials, supervisors, and
volunteers.
(9)New law adds religious, charitable, recreational, educational, and civic organizations
to the list of special groups, with coverage extended to members participants, and
volunteers.
(10)New law adds newspapers and their publishers to the list of special groups, with
coverage extended to carriers of such newspapers.
(11)New law adds restaurants, hotels, motels, resorts, innkeepers, and establishments
with a high degree of customer liability to the list of special groups, with coverage
extended to patrons, guests, and volunteers. (12)New law adds health maintenance organizations, health care providers and other
arrangers of health services, with coverage extended to subscribers, patients, donors,
and surrogates.  New law stipulates that such coverage shall not be made a condition
precedent to such individuals receipt of care. New law further stipulates that major
medical health and accident coverage may not be provided to subscribers or other
enrollees.
(13)New law adds banks and other financial associations or institutions to the list of
special groups, with coverage extended to account holders, credit card holders,
debtors, guarantors, and purchasers.
(14)New law adds incorporated and unincorporated associations of persons who have a
common interest other than the purpose of obtaining insurance to the list of special
groups.  Coverage extends to members and participants of such associations.
(15)New law adds travel agencies and organizations that provide travel related services
to the list of special groups, with coverage extended to all persons for which travel
related services are provided.
(16)Prior law listed "substantially similar groups" as a special group, subject to the
discretion of the commissioner of insurance.
New law changes "substantially similar group" to "risk or class of risks" and
authorizes the commissioner to exercise his discretion on an individual risk basis or
as a class of risks, or both.
(17)Prior law listed policies issued to the Dept. of Health and Hospitals as a special
group.
New law retains prior law.
(18)Prior law stated that an individual application shall not be required of a person
covered by such a group blanket policy.
New law retains prior law.
(19)New law provides that no policy issued pursuant to the provisions of new law shall
conflict with other provisions of Title 22 of the La. Revised Statutes of 1950 or with
other provisions of federal law.
Effective August 1, 2013.
(Amends R.S. 22:1000(A)(intro.para.), 3(intro.para.), (a), (b), (c), (d), (f), (g), and (h); Adds
R.S. 22:1000(A)(3)(i)-(o) and (4))