SLS 14RS-759 ORIGINAL
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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. 374
BY SENATOR MARTINY
WORKERS' COMPENSATION. Provides for workers compensation rules and regulations
relative to medical benefits. (8/1/14)
AN ACT1
To enact R.S. 23:1213, related to workers' compensation; to provide with respect to rules2
and regulations; to require financial analysis of impact on health care providers prior3
to adoption of certain rules; to require financial impact statements under certain4
circumstances; to provide for nullification of a rule in certain circumstances; and to5
provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1.R.S. 23:1213 is hereby enacted to read as follows: 8
ยง1213. Rules and regulations; financial impact on health care providers9
A. Notwithstanding any provision of law to the contrary, the Louisiana10
Workforce Commission shall not cause to be published any notice of intent or11
emergency rule in the Louisiana Register which is related to medical benefits12
provided under the workers' compensation program without first conducting13
a financial analysis and preparing a financial impact statement that shall14
include all of the following:15
(1) An identification and estimate of the classes and number of health16
care providers as defined in R.S. 23:1021, which may be affected financially by17 SB NO. 374
SLS 14RS-759 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
the proposed rule.1
(2) The projected reporting, record keeping, and other administrative2
costs required for compliance with the proposed rule.3
(3) A statement of the probable financial impact on the individual health4
care providers identified in Paragraph (1) of this Subsection.5
(4) A description of any less intrusive or less costly alternative methods6
of achieving the purpose of the proposed rule.7
B. If the financial analysis and related financial impact statement8
contains findings that the financial impact of the proposed rule would exceed9
five hundred thousand dollars to any class of health care providers as defined10
in R.S. 23:1021, the Louisiana Workforce Commission shall seek the approval11
of the House Committee on Labor and Industrial Relations and the Senate12
Committee on Labor and Industrial Relations, meeting jointly or separately,13
prior to publishing or causing to be published any related notice of intent or14
emergency rule.15
C. Any rule or regulation promulgated by the Louisiana Workforce16
Commission that does not comply with the provisions of this Section shall be17
null and void.18
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Mary Dozier O'Brien.
DIGEST
Martiny (SB 374)
Proposed law requires the Louisiana Workforce Commission (LWC), prior to publication
of the notice of intent of a rule, or the publication of an emergency rule dealing with
workers' compensation that a financial analysis be conducted and that a financial impact
statement be prepared.
Proposed law states that the financial impact shall include all of the following:
(1)Identification of the classes of health care providers that will be affected by the
proposed or emergency rule.
(2)An estimate of the number of health care providers that will be affected by the
proposed or emergency rule.
(3)Projected costs for these health care providers to respond to the proposed or
emergency rule. SB NO. 374
SLS 14RS-759 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)A statement of probable financial impact on these health care providers.
(5)A description of any less intrusive or less costly methods of achieving the purpose
of the proposed or emergency rule.
Proposed law requires the LWC to seek approval of the senate and house committees on
labor and industrial relations prior to the publishing of the notice of intent or of an
emergency rule.
Proposed law provides that any rule of the commission that does not comply with the
requirements of proposed law is null and void.
Effective August 1, 2014.
(Adds R.S. 23:1213)