HLS 201ES-109 REENGROSSED
2020 First Extraordinary Session
HOUSE BILL NO. 71
BY REPRESENTATIVES DUPLESSIS, HUGHES, ADAMS, BRASS, BRYANT,
CARPENTER, GARY CARTER, ROBBY CARTER, WILFORD CARTER,
CORMIER, FREEMAN, GAINES, GREEN, JAMES, JEFFERSON, JENKINS,
TRAVIS JOHNSON, JONES, JORDAN, LANDRY, LARVADAIN, LYONS,
MARCELLE, DUSTIN MILLER, MOORE, NEWELL, PIERRE, SELDERS, AND
WILLARD
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".
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1 Interest earned on the investment of monies in the fund shall be deposited in and
2 credited to the fund. Unexpended and unencumbered monies in the fund at the close
3 of each fiscal year shall remain in the fund. Monies in the fund shall be
4 appropriated, administered, and used solely for the purposes of paying a death
5 benefit as provided by this Section.
6 (2) The fund shall be comprised of monies appropriated from State General
7 Fund (Direct) from the Medical Vendor Payments budget unit to provide funding for
8 the purposes of paying the death benefit as provided by this Section. All of such
9 monies required to be deposited in the state treasury in accordance with Article VII,
10 Section 9(A) of the Constitution of Louisiana shall be deposited in the fund after first
11 meeting the requirements of Article VII, Section 9(B) of the Constitution of
12 Louisiana relative to the Bond Security and Redemption Fund.
13 B. The state shall pay a death benefit to the survivors or estate of an
14 employee of a publicly owned healthcare facility in Louisiana who meets the
15 following criteria:
16 (1) The employee reported for work after March 1, 2020.
17 (2) The employee tested positive for COVID-19 after reporting to work.
18 (3) The employee died prior to June 5, 2020, and COVID-19 caused or
19 contributed to the death as documented by a licensed physician.
20 C. The benefit provided by this Section shall be paid to:
21 (1) The surviving spouse of the employee.
22 (2) The surviving child or children of the employee, if the employee is not
23 survived by a spouse.
24 (3) The employee's estate, if the employee is not survived by a spouse or
25 child.
26 D. The amount of the COVID-19 death benefit is three times the
27 compensation received by the employee from the public healthcare facility in his
28 final year of employment, not to exceed one hundred fifty thousand dollars per
29 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 health 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 G. The board shall submit a report to the legislature on September 1, 2020,
15 and every sixty days thereafter. The report shall include the number and amount of
16 claims paid pursuant to this Section.
17 H. For purposes of this Section, the following terms shall have the following
18 meanings:
19 (1) "Child" or "children" means any unmarried child under the age of
20 eighteen years, or an unmarried student under the age of twenty-three years, who is
21 the issue of a marriage of an employee; the legally adopted child of an employee; the
22 natural child of a female employee; the child of an employee if a court of competent
23 jurisdiction has made an order of filiation declaring the paternity of such employee
24 for the child; or the child of a male employee who has been acknowledged in
25 accordance with law by the male employee. In addition, the term "child" or
26 "children" shall include a child of any age who meets the definition of "child" or
27 "children", excepting the age requirement, who has a physical or mental disability,
28 if medical or psychological information indicates such child is totally and
29 permanently disabled and who is solely dependent upon the employee for support.
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1 (2) "Employee" shall mean any direct patient care provider at a publicly
2 owned healthcare facility in Louisiana, including independent contractors.
3 (3) "Spouse" shall mean the lawfully married spouse of any employee from
4 whom there has not been obtained a judicial separation of bed and board or divorce
5 at the time of the employee's death.
6 Section 3. R.S. 36:4(B)(1)(cc) is hereby enacted to read as follows:
7 §4. Structure of executive branch of state government
8 * * *
9 B. The office of the governor shall be in the executive branch of state
10 government.
11 (1) The following agencies and their powers, duties, functions, and
12 responsibilities are hereby transferred to the office of the governor:
13 * * *
14 (cc) The COVID-19 Death Benefit Review Board (R.S. 42:1021) is placed
15 in the office of the governor, division of administration, and shall perform and
16 exercise its powers, duties, functions, and responsibilities as provided in R.S. 36:802.
17 * * *
18 Section 4. R.S. 36:4(B)(1)(cc) and Chapter 13-A of Title 42 of the Louisiana
19Revised Statutes of 1950, comprised of R.S. 42:1021, are hereby repealed in their entirety.
20 Section 5. Any funds remaining in the COVID-19 Death Benefit Fund on July 1,
212023, shall be transferred to the state general fund.
22 Section 6.(A) Sections 1, 2, 3, and 5 and this Section of this Act shall become
23effective upon signature of this Act by the governor or, if not signed by the governor, upon
24expiration of the time for bills to become law without signature by the governor, as provided
25by Article III, Section 18 of the Constitution of Louisiana. If this Act is vetoed by the
26governor and subsequently approved by the legislature, Sections 1, 2, 3, and 5 and this
27Section of this Act shall become effective on the day following such approval.
28 (B) Section 4 of this Act shall become effective on July 1, 2023.
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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 Reengrossed 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 after March 1, 2020.
(2)Tested positive for COVID-19 after reporting to 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 defines employee as any direct patient care provider at a publicly owned
healthcare facility in Louisiana, including independent contractors.
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. Provides that the fund shall be comprised of monies appropriated from the State
General Fund (Direct) from the Medical Vendor Payments budget unit.
Proposed law 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. Further provides that the board submit a report including the
number and amount of claims paid to the legislature beginning Sept. 1, 2020, and every 60
days thereafter.
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)
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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.
The House Floor Amendments to the engrossed bill:
1. Include independent contractors for public healthcare facilities as employees
eligible to receive the benefit.
2. Delete the requirement that the employee must have contracted COVID-19
within 45 days after a day he reported for work and instead require that the
employee tested positive for COVID-19 after reporting to work.
3. Add definitions for eligible beneficiaries.
4. Add a requirement that the board report to the legislature beginning Sept. 1,
2020, on the number and amount of claims paid.
5. Require that the fund be comprised of monies appropriated from the State
General Fund (Direct) from the Medical Vendor Payments budget unit.
6. Make technical changes.
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