SLS 19RS-418 ORIGINAL
2019 Regular Session
SENATE BILL NO. 219
BY SENATOR BARROW
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH/ACC INSURANCE. Requires health insurance policies to adhere to certain
standards. (gov sig)
1 AN ACT
2 To enact Subpart I-1 of Part III of Chapter 4 of Title 22 of the Louisiana Revised Statutes
3 of 1950, to be comprised of R.S. 22:1195 through 1198, relative to health insurance;
4 to provide relative to coverage; to require coverage for dependent children; to
5 prohibit preexisting condition exclusions and annual and lifetime limits; to provide
6 for an effective date; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Subpart I-1 of Part III of Chapter 4 of Title 22 of the Louisiana Revised
9 Statutes of 1950, comprised of R.S. 22:1195 through 1198 is hereby enacted to read as
10 follows:
11 I-1. HEALTHCARE BENEFITS PRESERVATION
12 §1195. Preexisting condition exclusions prohibited
13 A health insurance policy or contract issued or issued for delivery in this
14 state after December 31, 2019, shall not impose a preexisting condition
15 exclusion.
16 §1196. Annual and lifetime limits prohibited
17 A health insurance policy or contract issued or issued for delivery in this
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 219
SLS 19RS-418 ORIGINAL
1 state after December 31, 2019, shall not include either of the following:
2 (1) Lifetime limits on the dollar value of benefits for any participant or
3 beneficiary.
4 (2) Annual limits on the dollar value of essential benefits, as provided in
5 R.S. 22:1198, to the extent not inconsistent with applicable federal law.
6 §1197. Coverage for dependent children
7 A health insurance policy or contract issued or issued for delivery in this
8 state after December 31, 2019, that offers coverage for a dependent child shall
9 offer dependent coverage, at the option of the policyholder, until the dependent
10 child attains the age of twenty-six. An insurer may require, as a condition of
11 eligibility for coverage in accordance with this Section, that a person seeking
12 coverage for a dependent child provide written documentation on an annual
13 basis that the dependent child satisfies the requirements applicable to
14 dependent children in this Title. For purposes of this Section, "dependent
15 child" includes a dependent grandchild in the legal custody of and residing with
16 the grandparent.
17 §1198. Application
18 The provisions of this Subpart shall apply only to benefits considered to
19 be "essential health benefits" as defined under the Patient Protection and
20 Affordable Care Act, P.L. 111-148, on January 1, 2019.
21 Section 2. This Act shall become effective upon signature by the governor or, if not
22 signed by the governor, upon expiration of the time for bills to become law without signature
23 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
24 vetoed by the governor and subsequently approved by the legislature, this Act shall become
25 effective on the day following such approval.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 219
SLS 19RS-418 ORIGINAL
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by LG Sullivan.
DIGEST
SB 219 Original 2019 Regular Session Barrow
Present federal law, the Patient Protection and Affordable Care Act, P.L. 111-148, (ACA)
requires health insurance policies to conform to certain standards. Provides, among other
requirements, that dependent children who are eligible to be covered by a parent's policy do
not become ineligible due to age until they are 26 years old and that a policy may not contain
preexisting condition exclusions or limitations on annual or lifetime benefits.
Proposed law incorporates these three requirements into La. law starting Jan. 1, 2020,
applicable only to benefits considered to be "essential health benefits" under the ACA on
Jan. 1, 2019.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 22:1195-1198)
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.