ENROLLED
2020 First Extraordinary Session
HOUSE CONCURRENT RESOL UTION NO. 26
BY REPRESENTATIVES BROWN, ADAMS, AMEDEE, BRYANT, CARRIER,
WILFORD CARTER, CREWS, DAVIS, DESHOTEL, FRIEMAN, GAINES,
GREEN, HILFERTY, MIKE JOHNSON, JONES, THOMPSON, WHITE, AND
WILLARD
A CONCURRENT RESOL UTION
To authorize and request the chairmen of the House Committee on Insurance and the Senate
Committee on Insurance, acting jointly, to appoint a joint subcommittee composed
of members from each committee to research, study, and make recommendations for
proposed legislation and policy changes to address the issue of balance or surprise
billing in Louisiana.
WHEREAS, consumers continue to struggle with healthcare costs which are greatly
exacerbated by surprise gaps in their insurance coverage; and
WHEREAS, balance billing, sometimes referred to as surprise billing, occurs when
a physician or other healthcare provider who does not participate in a health benefit plan's
network of providers bills a patient for the difference between the provider's billed charge
and any amount paid to the provider; and
WHEREAS, the practice of balance billing arises with out-of-network providers,
because in-network providers are generally bound by network agreements that require the
participating provider to accept the payment under the health benefit plan, in addition to any
required cost-sharing payment, as full payment for the covered patient's obligations; and
WHEREAS, hospitals generally do not require all healthcare providers who work at
the hospital to be participating providers in the same health benefit plans as the hospital; and
WHEREAS, providers of certain medical specialties, including emergency care and
anesthesiology, often work in a hospital as independent contractors rather than as the
hospital's employees; and
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WHEREAS, many consumers face unexpected and unaffordable out-of-network
medical bills without knowledge that their providers were out-of-network at the time they
received care; and
WHEREAS, even when patients make every effort to see healthcare providers in
their insurance network, situations may arise where they are treated by out-of-network
providers without their knowledge and consent; and
WHEREAS, because out-of-network providers may charge higher rates but are not
required to disclose this information, patients can find themselves recovering from a serious
disease or illness while facing higher than anticipated out-of-pocket medical costs; and
WHEREAS, these medical costs can result in aggressive collection activity targeted
at patients and their families and harm consumers by damaging their personal credit ratings
for years after treatment; and
WHEREAS, several states have passed laws to protect healthcare consumers from
surprise insurance gaps; thus, consumers are protected from receiving a balance bill; and
WHEREAS, there is insufficient protection in Louisiana law from surprise insurance
gaps relative to other states, and it is beneficial to conduct a study into how these laws are
working in other states and how these laws may be beneficial to Louisiana residents.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
authorize and request the chairmen of the House Committee on Insurance and the Senate
Committee on Insurance, acting jointly, to appoint a joint subcommittee composed of
members from each committee to research, study, and make recommendations for proposed
legislation and policy changes to address the issue of balance or surprise billing in Louisiana.
BE IT FURTHER RESOLVED that the joint subcommittee shall be composed of six
members with equal representation from each standing committee, and the members of the
joint subcommittee shall elect a chairman by majority vote at the subcommittee's first
meeting.
BE IT FURTHER RESOLVED that the joint subcommittee shall do all of the
following:
(1) Study the issues related to balance billing that must be addressed to provide
solutions to balance billing and related issues.
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(2) Assess the impact to commerce, including cost to consumers through balance
billing and health insurance premiums, compliance cost for healthcare providers, and
compliance cost for health insurers.
(3) Assess the need for direct payment by health insurance companies and health
maintenance organizations to out-of-network providers.
(4) Seek best practices for providing health services price transparency.
(5) Evaluate the approaches and solutions taken by other states in order to
recommend a comprehensive legislative solution that will best protect Louisiana consumers
from balance billing by healthcare providers.
(6) Assess the potential fiscal impact to this state of applying the various potential
approaches used in other states.
(7) Identify preferable legislative solutions for this state that best address the
problem without a fiscal impact to this state.
BE IT FURTHER RESOLVED that in undertaking the study, the joint subcommittee
shall conduct public hearings and seek input from the Louisiana Department of Insurance
and may request research, documents, or data and take any other actions it deems necessary
to carry out its functions.
BE IT FURTHER RESOLVED that the joint subcommittee shall also seek input,
recommendations, and advice from the following:
(1) State medical and behavioral health services provider associations.
(2) Not-for-profit organizations representing hospitals and other healthcare systems,
including the Louisiana Hospital Association.
(3) Representatives of health insurance companies, including health maintenance
organizations, issuing health benefit plans in this state.
(4) Representatives of health insurance underwriters groups.
(5) Representatives of health insurance agents.
(6) Representatives of employer groups.
(7) Two patient-focused consumer advocate groups.
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BE IT FURTHER RESOLVED that the joint subcommittee shall report its findings
and recommendations to the Legislature of Louisiana including any proposed legislation
prior to the convening of the next 2020 Extraordinary Session but no later than September
30, 2020.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
commissioner of insurance.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
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