HLS 19RS-790 ENGROSSED
2019 Regular Session
HOUSE BILL NO. 571
BY REPRESENTATIVE SEABAUGH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
WORKERS COMPENSATION: Provides with respect to plastic and metallic implants or
non-autogenous graft
1 AN ACT
2To enact R.S. 23:1203.1.2, relative to workers' compensation; to provide with respect to the
3 reimbursement schedule; to provide for plastic and metallic implant or non-
4 autogenous graft; to require the purchase of implant or non-autogenous graft; to
5 provide for reimbursement; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 23:1203.1.2 is hereby enacted to read as follows:
8 ยง1203.1.2. Duty to reimburse health facilities; implant or non-autogenous graft
9 A. When an injured worker requires and is entitled to a procedure that
10 necessitates the use of a plastic and metallic implant or non-autogenous graft, the
11 facility, hospital, or ambulatory surgery center, shall order and purchase the plastic
12 and metallic implant or non-autogenous graft in accordance with the specifications
13 of the surgeon regarding the type, number, and manufacturer of the implant.
14 B. Reimbursement for the plastic and metallic implant or non-autogenous
15 graft shall be at the manufacturer's original invoice amount, exclusive of rebates and
16 discounts, plus twenty percent.
17 C. The facility shall submit to the payor an original manufacturer's invoice
18 detailing the amount paid by the facility, hospital, or ambulatory surgery center for
19 the plastic and metallic implants or non-autogenous graft.
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-790 ENGROSSED
HB NO. 571
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)]
HB 571 Engrossed 2019 Regular Session Seabaugh
Abstract: Allows healthcare providers who purchase plastic and metallic implants or non-
autogenous grafts to be reimbursed for reasonable cost of the implants.
Present law provides that the assistant secretary of the office of workers' compensation shall
establish and promulgate a reimbursement schedule for drugs, supplies, hospital care and
services, medical and surgical treatment, and any non-medical treatment recognized by
present law, the Workers' Compensation Act.
Proposed law retains present law to add that the facility, hospital or ambulatory surgery
center, must order and pay for the implant or non-autogenous graft and upon receipt of the
original manufacturer's invoice, shall be reimbursed by the payor, in accordance with the
specifications of the surgeon regarding the type, number, and manufacturer of the implant.
Proposed law provides that the reimbursed amount shall be at the manufacturer's original
invoice amount, exclusive of rebates and discounts, plus 20%.
(Adds R.S. 23:1203.1.2)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Labor and Industrial
Relations to the original bill:
1. Add that the facility, hospital, or ambulatory surgery center shall be reimbursed
by the payor in accordance with the specifications of the surgeon including the
type, number, and manufacturer of the implant.
2. Remove the requirement that the costs associated with the purchasing of an
implant or non-autogenous graft not exceed what a prudent buyer pays for an
item or service of its kind.
3. Remove the requirement that if costs of the implant or non-autogenous graft
should exceed the level of a prudent buyer then the amount in excess not be
reimbursed.
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.