SLS 14RS-609 ORIGINAL
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 244
BY SENATOR MORRISH
INSURANCE RATES. Provides with respect to rate filings with the commissioner of
insurance. (8/1/14)
AN ACT1
To amend and reenact R.S. 44:4.1(B)(11) and to enact R.S. 22:972(D), relative to the2
approval and disapproval of forms and filing of rates; to provide with respect to the3
exemption from disclosure of all policy forms and premium rates filed with the4
commissioner; to provide for exemptions to Public Records Law; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 22:972(D) is hereby enacted to read as follows:8
§972. Approval and disapproval of forms; filing of rates9
* * *10
D. All such policy forms and premium rates filed with the commissioner11
shall be exempt from disclosure to any person under R.S. 44:1 et seq., the Public12
Records Law. This exemption from disclosure shall remain in effect until such13
policy form and premium rates are released by the health insurance issuer by14
offering these products for sale to the public either on the open market or15
through Louisiana's federally facilitated or other health insurance exchange.16
Section 2. R.S. 44:1(B)(11) is hereby amended and reenacted to read as follows:17 SB NO. 244
SLS 14RS-609 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
§4.1. Exceptions1
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B. The legislature further recognizes that there exist exceptions, exemptions,3
and limitations to the laws pertaining to public records throughout the revised4
statutes and codes of this state. Therefore, the following exceptions, exemptions, and5
limitations are hereby continued in effect by incorporation into this Chapter by6
citation:7
* * *8
(11) R.S. 22:2, 14, 31(B), 42.1, 88, 244, 461, 572, 572.1, 574, 618, 732, 752,9
753, 771, 972(D), 1019.2(B)(5)(a), 1203, 1460, 1466, 1546, 1644, 1656 1723, 1927,10
1929, 1983, 1984, 2036, 2303.11
* * *12
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cheryl Horne.
DIGEST
Morrish (SB 244)
Present law provides that no policy of health and accident insurance shall be delivered or
issued for delivery in this state, nor any endorsement, rider, or application that becomes part
of any such policy be used in connection therewith until a copy of the form and premium
rates and the classifications of risks pertaining thereto have been filed with the commissioner
of insurance. Requires the commissioner to provide written notification to the insurer that
has filed the form if it does not comply with provisions of present law. Upon such notice,
it is unlawful for such insurer to issue such form in this state. Permits an aggrieved party
affected by the commissioner's act to demand a hearing in accordance with present law.
Present law permits the commissioner to withdraw his approval of any such form on any of
the grounds stated in present law. Provides that shall be unlawful for the insurer to issue
such form or use it in connection with any policy after the effective date of such withdrawal
of approval. Prohibits the commissioner from disapproving or withdrawing the approval of
any such policy on the ground that its provisions do not comply with health and accident
policy provision requirements as stated in present law or on the ground that it is not printed
in uniform type if it can be shown that the rights of the insured or beneficiary under the
policy as a whole are not less favorable than the rights provided in present law.
Proposed law exempts all policy form and premium rates filed with the commissioner from
disclosure to any person under the Public Records Law. This exemption from disclosure
remains in effect until the policy form and premium rates are released by the health
insurance issuer by offering these products for sale to the public.
Effective August 1, 2014.
(Amends R.S. 44:4.1(B)(11); adds R.S.22:972(D))