HLS 14RS-2422 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 1254 (Substitute for House Bill No. 336 by Representative Simon)
BY REPRESENTATIVES SIMON, ANDERS, BARROW, BURFORD, COX, HARRI S,
HENSGENS, HILL, HOFFMANN, LEBAS, JAY MORRIS, STOKES, WHITNEY,
PATRICK WILLIAMS, AND WILLMOTT AND SENATOR NEVERS
HEALTH/MEDICAL TREATMENT: Provides relative to the right to treatment for a
person with a terminal condition
AN ACT1
To enact R.S. 22:1054 and Chapter 67 of Title 46 of the Louisiana Revised Statutes of 1950,2
to be comprised of R.S. 46:2921, relative to access to coverage for individuals3
diagnosed with a terminal condition; to prohibit health care plan treatment coverage4
decisions based upon an individual's terminal diagnosis; to provide for penalties; to5
provide for definitions; to provide for an effective date; and to provide for related6
matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 22:1054 is hereby enacted to read as follows:9
§1054. Requirement for access to coverage for individuals in a health plan10
diagnosed with a terminal condition11
A. Notwithstanding any other provision of the law to the contrary and12
particularly the provisions of R.S. 22:1047, no health care coverage plan shall deny13
coverage for medically necessary treatment prescribed by a physician and agreed to14
by a fully informed insured or, if the insured lacks legal capacity to consent, by a15
person who has legal authority to consent on the insured's behalf, based solely on an16
insured's life expectancy or the fact that the insured is diagnosed with a terminal17
condition.18 HLS 14RS-2422 ENGROSSED
HB NO. 1254
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CODING: Words in struck through type are deletions from existing law; words underscored
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B. Refusing coverage for medically necessary treatment to be rendered to an1
insured based solely on the insured's life expectancy or the fact that the insured is2
diagnosed with a terminal condition shall be a violation of this Section.3
C.(1) As used in this Section, "terminal condition" means any malignancy4
or chronic end-stage cardiovascular or cerebral vascular disease that is likely to5
result in the insured's death.6
(2) As used in this Section, "health coverage plan" means any hospital,7
health or medical insurance policy, hospital or medical service contract, employee8
welfare benefit plan, contract or agreement with a health maintenance organization9
or a preferred provider organization, health and accident insurance policy, or any10
other insurance contract of this type, including a group insurance plan and the Office11
of Group Benefits programs.12
Section 2. Chapter 67 of Title 46 of the Louisiana Revised Statutes of 1950,13
comprised of R.S. 46:2921, is hereby enacted to read as follows: 14
CHAPTER 67. INDIVIDUALS WITH A TERMINAL CONDITION15
§2921. Requirement for access to coverage for individuals diagnosed with a terminal16
condition17
A. Notwithstanding any other provision of the law to the contrary, no health18
benefit paid directly or indirectly with state funds including but not limited to19
Medicaid shall deny coverage for medically necessary treatment prescribed by a20
physician and agreed to by a fully informed individual or, if the individual lacks21
legal capacity to consent, by a person who has legal authority to consent on the22
individual's behalf, based solely on an individual's life expectancy or the fact that the23
individual has been diagnosed with a terminal condition.24
B. Refusing coverage for medically necessary treatment to be rendered to an25
individual based solely on the individual's life expectancy or the fact that the26
individual has been diagnosed with a terminal condition shall be a violation of this27
Section.28 HLS 14RS-2422 ENGROSSED
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are additions.
C. As used in this Section, "terminal condition" means any malignancy or1
chronic end-stage cardiovascular or cerebral vascular disease that is likely to result2
in the individual's death.3
Section 3. This Act shall become effective upon signature by the governor or, if not4
signed by the governor, upon expiration of the time for bills to become law without signature5
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If6
vetoed by the governor and subsequently approved by the legislature, this Act shall become7
effective on the day following such approval.8
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)]
Simon HB No. 1254
Abstract: Prohibits a health insurance provider from making coverage decisions based on
an insured's life expectancy or terminal condition.
Proposed law prohibits a health care coverage plan from denying coverage for medically
necessary treatment prescribed by a physician and agreed to by a fully informed insured or,
if the insured lacks legal capacity to consent, by a person who has legal authority to consent
on the insured's behalf, based solely on an insured's life expectancy or the fact that the
insured is diagnosed with a terminal condition.
Proposed law prohibits a health benefit paid directly or indirectly with state funds including
but not limited to Medicaid from denying coverage for medically necessary treatment
prescribed by a physician and agreed to by a fully informed individual or, if the individual
lacks legal capacity to consent, by a person who has legal authority to consent on the
individual's behalf, based solely on an individual's life expectancy or the fact that the
individual has been diagnosed with a terminal condition.
Proposed law provides that refusing coverage for medically necessary treatment to be
rendered to an individual based solely on the individual's life expectancy or the fact that the
individual is diagnosed with a terminal condition shall be a violation of proposed law.
Proposed law defines "terminal condition" as any malignancy or chronic end-stage
cardiovascular or cerebral vascular disease that is likely to result in the insured's death.
Proposed law defines "health coverage plan" as any hospital, health or medical insurance
policy, hospital or medical service contract, employee welfare benefit plan, contract or
agreement with a health maintenance organization or a preferred provider organization,
health and accident insurance policy, or any other insurance contract of this type, including
a group insurance plan and the Office of Group Benefits programs.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 22:1054 and R.S. 46:2921)