The original instrument was prepared by Cheryl Horne. The following digest,
which does not constitute a part of the legislative instrument, was prepared by
Mary Dozier O'Brien.
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 it 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 forms and premium rates for major health and accident and
dental policies from disclosure to any person under the Public Records Law. This exemption
from disclosure remains in effect until the beginning of the open enrollment period of the policy
year in which the forms and rates are to be utilized. In order to qualify for such exemption, all
health insurance issuers, including health maintenance organizations, shall mark all filings as
confidential or proprietary.
Proposed law provides that the exemption authorized herein shall not prevent the commissioner
from publishing a summary or description of rate filings in the course of an effective rate review
program in accordance with federal law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 44:4.1(B)(11); adds R.S. 22:972(D))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill 1. Deletes provisions relating to policy forms and premium rates being exempt from
disclosure until the policy forms and rates are released by the insurer for sale to
the public.
2. The wording in this new law is clarified and the policy forms and premium rates
which are exempted from disclosure includes major health and accident and
dental policies.
3. Such policies are exempt from the requirements of the Public Records Law until
the beginning of the open enrollment period in which the forms and rates are to be
used.
4. Issuers of such policies, including health maintenance organizations, who seek to
be exempted shall mark filings of forms and rates clearly marked as confidential
or proprietary in order to be considered exempt.
5. The exemption provided in this section of the statute shall not prevent the
commissioner from making public a summary or description of rate filings in the
course of an effective rate review program as required by Sec. 2794 of the Public
Health Service Act.
6. The bill shall be effective upon signature of the governor or the lapse of time for
gubernatorial action.