SLS 16RS-192 ORIGINAL
2016 Regular Session
SENATE BILL NO. 192
BY SENATOR JOHNS
INSURANCE DEPARTMENT. Provides for the confidential treatment of papers,
documents, reports, or evidence related to an investigation by the division of insurance fraud
within the Department of Insurance. (8/1/16)
1 AN ACT
2 To amend and reenact R.S. 22:1927, relative to the division of insurance fraud of the
3 Department of Insurance; to provide for confidential treatment of the papers,
4 documents, reports, or evidence relative to the subject of an insurance fraud
5 investigation, and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 22:1927 is hereby amended and reenacted to read as follows:
8 ยง1927. Materials and evidence
9 A. If matter that the division seeks to obtain by request is located outside the
10 state, the person so requested may make it available to the division or its
11 representative to examine at the place where it is located. The division may designate
12 representatives, including officials of the state in which the matter is located, to
13 inspect the matter on its behalf, and it may respond to similar requests from officials
14 of other states.
15 B. The division's papers, documents, reports, or evidence relative to the
16 subject of an investigation under this Part shall not be subject to public inspection
17 for so long as the commissioner deems reasonably necessary to complete the
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 192
SLS 16RS-192 ORIGINAL
1 investigation, to protect the person investigated from unwarranted injury, or to be in
2 the public domain. Further, such papers, documents, reports, or evidence relative to
3 the subject of investigation under this Section shall not be subject to subpoena until
4 opened for public inspection by the commissioner, unless the commissioner
5 consents, or until after notice to the commissioner and a hearing, a court of
6 competent jurisdiction determines the division would not be necessarily hindered by
7 such subpoena. shall be given confidential treatment and are not subject to
8 subpoena and may not be made public by the commissioner or any other
9 person, except to the extent provided in Subsections C and D of this Section.
10 C. Nothing contained in this Part shall prevent, or be construed as
11 prohibiting, the commissioner from disclosing the content of the papers,
12 documents, reports, or evidence relative to the subject of an investigation under
13 this Part, or any matter relating thereto, to the insurance department of this or
14 any other state or country, or to law enforcement officials of this or any other
15 state or agency of the federal government at any time, provided such agency or
16 office receiving the report or matters relating thereto agrees, in writing, to hold
17 it confidential and in a manner consistent with this Part.
18 D. Nothing contained in this Part shall be construed to limit the
19 commissioner's authority to use papers, documents, reports, or evidence relative
20 to the subject of an investigation under this Part, or any other information
21 discovered or developed during the course of any investigation under this Part
22 in the furtherance of any legal or regulatory action which the commissioner
23 may, in his sole discretion, deem appropriate.
24 E. Division personnel shall not be subject to subpoena in civil actions by any
25 court of this state to testify concerning any matter of which they have knowledge
26 pursuant to a pending an insurance fraud investigation.
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 192
SLS 16RS-192 ORIGINAL
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cheryl Cooper.
DIGEST
SB 192 Original 2016 Regular Session Johns
Present law permits the division of fraud ("the division") to make requests for materials and
evidence from a person outside the state. The person so requested may make it available to
the division or its representative, including officials of the state in which the matter is
located, to inspect the matter on its behalf, and it may respond to similar requests from
officials of other states.
Present law protects the division's papers, documents, reports, or evidence relative to the
subject of an investigation from public inspection for so long as the commissioner deems
reasonably necessary to complete the investigation, to protect the person investigated from
unwarranted injury, or to be in the public domain. Further provides that such papers,
documents, reports, or evidence shall not be subject to subpoena until opened for public
inspection by the commissioner, unless the commissioner consents, or until after notice to
the commissioner and a hearing, a court of competent jurisdiction determines the division
would not be necessarily hindered by the subpoena.
Proposed law requires the division's papers, documents, reports, or evidence relative to the
subject of an investigation to be given confidential treatment and not to be subject to
subpoena and may not be made public by the commissioner or any other person, except the
commissioner may disclose the content of papers, documents, reports, or evidence to the
insurance department of this or any other state or country, or to law enforcement officials
of this or any other state or agency of the federal government provided such agency or office
receiving the reports or matters relating thereto agrees, in writing, to hold it confidential.
Proposed law prohibits limiting the commissioner's authority to use papers, documents,
reports, or evidence relative to the subject of an investigation, or any other information
discovered or developed during the course of any investigation in furtherance of any legal
or regulatory action.
Effective August 1, 2016.
(Amends R.S. 22:1927)
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.