RDCSB244 362 5225
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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)]
Morrish SB No. 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 until the
beginning of the open enrollment period of the policy year in which the forms and rates are
to be utilized. Requires a health insurance issuer, including a health maintenance
organization, to mark such filings as confidential or proprietary to utilize the exemption.
Proposed law provides that the exemption 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 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 RDCSB244 362 5225
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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.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the reengrossed bill.
1. Makes technical changes.