ENROLLED
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 541
Regular Session, 2014
HOUSE BILL NO. 1254 (Substitute for House Bill No. 336 by Representative Simon)
BY REPRESENTATIVES SIMON, ANDERS, ARNOLD, BARROW, WESLEY BISHOP,
BURFORD, HENRY BURNS, CARMODY, COX, EDWARDS, GISCLAIR,
HARRIS, HARRISON, HAVARD, HENSGENS, HILL, HOFFMANN, HOWARD,
JONES, LEBAS, MILLER, MONTOUCET, JAY MORRIS, POPE, PUGH,
RITCHIE, SEABAUGH, ST. GERMAIN, STOKES, TALBOT, THOMPSON,
WHITNEY, PATRICK WILLIAMS, AND WILLMOTT AND SENATORS
BUFFINGTON, ERDEY, HEITMEIER, MILLS, AND NEVERS
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
B. Refusing coverage for medically necessary treatment to be rendered to an19
insured based solely on the insured's life expectancy or the fact that the insured is20
diagnosed with a terminal condition shall be a violation of this Section.21 ENROLLEDHB NO. 1254
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
C.(1) As used in this Section, "terminal condition" means any malignancy1
or chronic end-stage cardiovascular or cerebral vascular disease that is likely to2
result in the insured's death.3
(2) As used in this Section, "health coverage plan" means any hospital,4
health or medical insurance policy, hospital or medical service contract, employee5
welfare benefit plan, contract or agreement with a health maintenance organization6
or a preferred provider organization, health and accident insurance policy, or any7
other insurance contract of this type, including a group insurance plan and the Office8
of Group Benefits programs.9
Section 2. Chapter 67 of Title 46 of the Louisiana Revised Statutes of 1950,10
comprised of R.S. 46:2921, is hereby enacted to read as follows: 11
CHAPTER 67. INDIVIDUALS WITH A TERMINAL CONDITION12
§2921. Requirement for access to coverage for individuals diagnosed with a terminal13
condition14
A. Notwithstanding any other provision of the law to the contrary, no health15
benefit paid directly or indirectly with state funds including but not limited to16
Medicaid shall deny coverage for medically necessary treatment prescribed by a17
physician and agreed to by a fully informed individual or, if the individual lacks18
legal capacity to consent, by a person who has legal authority to consent on the19
individual's behalf, based solely on an individual's life expectancy or the fact that the20
individual has been diagnosed with a terminal condition.21
B. Refusing coverage for medically necessary treatment to be rendered to an22
individual based solely on the individual's life expectancy or the fact that the23
individual has been diagnosed with a terminal condition shall be a violation of this24
Section.25
C. As used in this Section, "terminal condition" means any malignancy or26
chronic end-stage cardiovascular or cerebral vascular disease that is likely to result27
in the individual's death.28
Section 3. This Act shall become effective upon signature by the governor or, if not29
signed by the governor, upon expiration of the time for bills to become law without signature30 ENROLLEDHB NO. 1254
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If1
vetoed by the governor and subsequently approved by the legislature, this Act shall become2
effective on the day following such approval.3
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: