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)
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.