HLS 14RS-992 ORIGINAL
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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. 336
BY REPRESENTATIVE SIMON 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 medical treatment for terminal3
conditions; to prohibit health care plan treatment coverage decisions based upon an4
individual's terminal diagnosis; to provide for penalties; to provide for definitions;5
to provide for an effective date; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 22:1054 is hereby enacted to read as follows: 8
§1054. Requirement for coverage of treatment for a terminal condition9
A. Notwithstanding any other provision of the law to the contrary and10
particularly the provisions of R.S. 22:1047, no health care coverage plan shall restrict11
coverage for medically appropriate treatment prescribed by a physician and agreed12
to by a fully informed insured or, if the insured lacks legal capacity to consent, by13
a person who has legal authority to consent on the individual's behalf, based on an14
insured's life expectancy or diagnosis with a condition that may be terminal.15
B. Refusing to pay for treatment rendered to an insured near the end of life16
that is consistent with best practices for treatment of a disease or condition, approved17
uses of a drug or device, or uses supported by peer-reviewed medical literature, shall18
be a per se violation of this Section.19 HLS 14RS-992 ORIGINAL
HB NO. 336
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
C. Any violation of this Section shall constitute an unfair trade practice and1
subject the violator to the penalties provided for in R.S. 22:1961 et seq.2
D.(1) As used in this Section, "terminal condition" means any aggressive3
malignancy, chronic end-stage cardiovascular or cerebral vascular disease, or any4
other disease, illness, or condition which a physician diagnoses as terminal.5
(2) As used in this Section, "health coverage plan" means any hospital,6
health or medical insurance policy, hospital or medical service contract, employee7
welfare benefit plan, contract or agreement with a health maintenance organization8
or a preferred provider organization, health and accident insurance policy, or any9
other insurance contract of this type, including a group insurance plan and the Office10
of Group Benefits programs.11
Section 2. Chapter 67 of Title 46 of the Louisiana Revised Statutes of 1950,12
comprised of R.S. 46:2921, is hereby enacted to read as follows: 13
CHAPTER 67. RIGHTS OF INDIVIDUALS WITH A TERMINAL CONDITION14
§2921. Rights of individuals with a terminal condition; insurance coverage;15
violations16
A. Notwithstanding any other provision of the law to the contrary, no health17
benefit paid directly or indirectly with state funds including but not limited to18
Medicaid or Office of Group Benefits programs shall restrict coverage for medically19
appropriate treatment prescribed by a physician and agreed to by a fully informed20
individual or, if the individual lacks legal capacity to consent, by a person who has21
legal authority to consent on the individual's behalf, based on an individual's life22
expectancy or diagnosis with a condition that may be terminal.23
B. Refusing to pay for treatment rendered to an individual near the end of life24
that is consistent with best practices for treatment of a disease or condition, approved25
uses of a drug or device, or uses supported by peer-reviewed medical literature, shall26
be a per se violation of this Section.27 HLS 14RS-992 ORIGINAL
HB NO. 336
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C. As used in this Section "terminal condition" means any aggressive1
malignancy, chronic end-stage cardiovascular or cerebral vascular disease, or any2
other disease, illness, or condition which a physician diagnoses as terminal.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. 336
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 restricting coverage for medically
appropriate 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 individual's behalf, based on an insured's life expectancy or diagnosis with
a condition that may be terminal.
Proposed law provides that refusing to pay for treatment rendered to an insured near the end
of life that is consistent with best practices for treatment of a disease or condition, approved
uses of a drug or device, or uses supported by peer-reviewed medical literature, shall be a
per se violation of proposed law.
Proposed law provides that violations shall constitute an unfair trade practice and subject the
violator to the penalties provided for in present law.
Proposed law prohibits a health benefit paid directly or indirectly with state funds including
but not limited to Medicaid or Office of Group Benefits programs from restricting coverage
for medically appropriate 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 on an individual's life expectancy
or diagnosis with a condition that may be terminal.
Proposed law provides that refusing to pay for treatment rendered to an individual near the
end of life that is consistent with best practices for treatment of a disease or condition,
approved uses of a drug or device, or uses supported by peer-reviewed medical literature,
shall be a per se violation of proposed law.
Proposed law defines "terminal condition" as any aggressive malignancy, chronic end-stage
cardiovascular or cerebral vascular disease, or any other disease, illness, or condition which
a physician diagnoses as terminal. HLS 14RS-992 ORIGINAL
HB NO. 336
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)