HLS 201ES-109 ENGROSSED
2020 First Extraordinary Session
HOUSE BILL NO. 71
BY REPRESENTATIVES DUPLESSIS AND HUGHES
FUNDS/FUNDING: Provides for a death benefit for certain public employees who die from
COVID-19 (Item #11)
1 AN ACT
2To enact R.S. 36:4(B)(1)(cc) and Chapter 13-A of Title 42 of the Louisiana Revised Statutes
3 of 1950, to be comprised of R.S. 42:1021, and to repeal, effective July 1, 2023, R.S.
4 36:4(B)(1)(cc) and Chapter 13-A of Title 42 of the Louisiana Revised Statutes of
5 1950, to be comprised of R.S. 42:1021, relative to a death benefit for certain
6 employees of public heathcare facilities who died of COVID-19; to create a special
7 fund in the treasury, from which the benefit is paid, and a board to administer the
8 fund and the benefit; to provide conditions of eligibility for the benefit; to provide
9 for beneficiaries to whom a payment is made; and to provide for related matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. This Act shall be known as the Larrice Anderson Act.
12 Section 2. Chapter 13-A of Title 42 of the Louisiana Revised Statutes of 1950,
13comprised of R.S. 42:1021, is hereby enacted to read as follows:
14 CHAPTER 13-A. COVID-19 DEATH BENEFIT
15 §1021. COVID-19 death benefit for certain public employees
16 A.(1) There is hereby established in the state treasury a special fund to be
17 known as the COVID-19 Death Benefit Fund, hereinafter referred to as the "fund".
18 Interest earned on the investment of monies in the fund shall be deposited in and
19 credited to the fund. Unexpended and unencumbered monies in the fund at the close
20 of each fiscal year shall remain in the fund. Monies in the fund shall be
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HB NO. 71
1 appropriated, administered, and used solely for the purposes of paying a death
2 benefit as provided by this Section.
3 (2) The fund shall be comprised of all monies appropriated, donated, or
4 otherwise made available to provide funding for the purposes of paying the death
5 benefit as provided by this Section. All of such monies required to be deposited in
6 the state treasury in accordance with Article VII, Section 9(A) of the Constitution of
7 Louisiana shall be deposited in the fund after first meeting the requirements of
8 Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond
9 Security and Redemption Fund.
10 B. The state shall pay a death benefit to the survivors or estate of an
11 employee of a publicly owned healthcare facility in Louisiana who meets the
12 following criteria:
13 (1) The employee reported for work as a direct patient care provider at a
14 publicly owned healthcare facility in Louisiana after March 1, 2020.
15 (2) The employee contracted COVID-19 within forty-five days after a day
16 he reported for work.
17 (3) The employee died prior to June 5, 2020, and COVID-19 caused or
18 contributed to the death as documented by a licensed physician.
19 C. The benefit provided by this Section shall be paid to:
20 (1) The surviving spouse of the employee.
21 (2) If the employee is not survived by a spouse, the benefit shall be paid to
22 the surviving child or children of the employee.
23 (3) If the employee is not survived by a spouse or child, the benefit shall be
24 paid to the employee's estate.
25 D. The amount of the COVID-19 death benefit is three times the
26 compensation received by the employee from the public healthcare facility in his
27 final year of employment, not to exceed one hundred fifty thousand dollars per
28 employee.
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1 E. There is hereby created the COVID-19 Death Benefit Review Board
2 which shall determine eligibility for receiving a COVID-19 death benefit and
3 administer the fund created by this Section. The board shall consist of five licensed
4 healthcare providers appointed by the governor. Each appointment by the governor
5 is subject to Senate confirmation. In making his appointments the governor shall
6 select three members nominated by the secretary of the Louisiana Department of
7 Health; the secretary shall nominate two names for each vacancy to be filled. The
8 governor shall appoint two other members, without nomination, who have at least
9 twenty-five years of public heath service. The board shall elect a chairman from its
10 membership. A vacancy shall be filled in the manner of the original appointment.
11 F. A claimant for the COVID-19 death benefit shall submit an application
12 to the board prior to December 31, 2022, and the board shall not consider an
13 application filed after that date.
14 Section 3. R.S. 36:4(B)(1)(cc) is hereby enacted to read as follows:
15 §4. Structure of executive branch of state government
16 * * *
17 B. The office of the governor shall be in the executive branch of state
18 government.
19 (1) The following agencies and their powers, duties, functions, and
20 responsibilities are hereby transferred to the office of the governor:
21 * * *
22 (cc) The COVID-19 Death Benefit Review Board (R.S. 42:1021) is placed
23 in the office of the governor, division of administration, and shall perform and
24 exercise its powers, duties, functions, and responsibilities as provided in R.S. 36:802.
25 * * *
26 Section 4. R.S. 36:4(B)(1)(cc) and Chapter 13-A of Title 42 of the Louisiana
27Revised Statutes of 1950, to be comprised of R.S. 42:1021, are hereby repealed in their
28entirety.
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1 Section 5. Any funds remaining in the COVID-19 Death Benefit Fund on July 1,
22023, shall be transferred to the state general fund.
3 Section 6.(A) Sections 1, 2, 3, and 5 and this Section of this Act shall become
4effective upon signature of this Act by the governor or, if not signed by the governor, upon
5expiration of the time for bills to become law without signature by the governor, as provided
6by Article III, Section 18 of the Constitution of Louisiana. If this Act is vetoed by the
7governor and subsequently approved by the legislature, Sections 1, 2, 3, and 5 and this
8Section of this Act shall become effective on the day following such approval.
9 (B) Section 4 of this Act shall become effective on July 1, 2023.
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 71 Engrossed 2020 First Extraordinary Session Duplessis
Abstract: Provides for a death benefit to be paid to the survivors or estate of employees of
publicly owned healthcare facilities who die of COVID-19 under certain
circumstances.
Proposed law provides for the payment of a death benefit to any employee of a publicly
owned healthcare facility in La. who:
(1)Reported for work as a direct patient care provider at a public healthcare facility after
March 1, 2020.
(2)Contracted COVID-19 within 45 days after a day he reported for work.
(3)Died prior to June 5, 2020, and COVID-19 caused or contributed to the death.
Proposed law provides that the benefit shall be paid to:
(1)The surviving spouse of the employee.
(2)The surviving child or children of the employee if the employee did not have a
surviving spouse.
(3)The employee's estate if the employee did not have a surviving spouse or children.
Proposed law provides that the amount of the benefit is three times the compensation
received by the employee from the public healthcare facility in his final year of employment,
not to exceed $150,000 per employee.
Proposed law creates a special fund in the treasury, monies from which shall be used to pay
the benefit. Creates a five-member board to administer the fund and determine eligibility
for a benefit. Provides that the board is composed of five licensed healthcare providers
appointed by the governor.
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Proposed law requires that applications for the benefit be filed by Dec. 31, 2022. Repeals
proposed law and requires transfer of funds remaining in the special fund created by
proposed law to the state general fund.
Effective upon signature of governor or lapse of time for gubernatorial action, except repeal
which is effective July 1, 2023.
(Adds R.S. 36:4(B)(1)(cc) and R.S. 42:1021; Repeals R.S. 36:4(B)(1)(cc) and R.S. 42:1021)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Appropriations to the
original bill:
1. Add a requirement that the employee was a direct patient care provider.
2. Change the date the death must occur to qualify for the benefit from prior to
December 31, 2020 to prior to June 5, 2020.
3. Add a requirement that the amount of benefit per employee shall not exceed
$150,000.
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