HLS 201ES-66 ENGROSSED
2020 First Extraordinary Session
HOUSE CONCURRENT RESOL UTION NO. 4
BY REPRESENTATIVE SEABAUGH
LIABILITY/TORTS: Suspends provisions of law relative to recoverable medical expenses
(Item #40)
1 A CONCURRENT RESOL UTION
2To suspend until sixty days after final adjournment of the 2021 Regular Session of the
3 Legislature of Louisiana R.S. 9:2800.25(C) and (D) as enacted by the Act that
4 originated as Senate Bill 418 of the 2020 Regular Session of the Legislature of
5 Louisiana relative to the award of health insurance premiums as damages and
6 evidence of premiums paid.
7 WHEREAS, the Legislature of Louisiana passed Senate Bill 418 during the 2020
8Regular Session of the Legislature of Louisiana; and
9 WHEREAS, Senate Bill 418 enacts R.S. 9:2800.25, relative to recoverable medical
10expenses in an action for damages, as part of the Omnibus Premium Reduction Act of 2020;
11and
12 WHEREAS, R.S. 9:2800.25(C) provides that the court shall award the plaintiff as
13damages one and one-half times the amount of health insurance premiums paid; and
14 WHEREAS, R.S. 9:2800.25(D) provides that in an action for damages, the court may
15receive evidence of the amount of private insurance premiums paid; and
16 WHEREAS, Section 9 of Senate Bill 418 provides that the Act shall become
17effective on January 1, 2021, and shall have prospective application only and shall not apply
18to a cause of action arising or action pending prior to January 1, 2021; and
19 WHEREAS, the provisions of R.S. 9:2800.25(C) and (D) as enacted by the Act that
20originated as Senate Bill 418 of the 2020 Regular Session require additional revision to
21properly implement the intent of the Omnibus Premium Reduction Act of 2020; and
Page 1 of 2 HLS 201ES-66 ENGROSSED
HCR NO. 4
1 WHEREAS, the purpose of this Resolution is to allow the Legislature of Louisiana
2additional opportunity to make necessary revisions to R.S. 9:2800.25(C) and (D).
3 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana hereby suspends
4R.S. 9:2800.25(C) and (D) as enacted by the Act that originated as Senate Bill 418 of the
52020 Regular Session of the Legislature of Louisiana.
6 BE IT FURTHER RESOLVED that this suspension shall become effective upon
7adoption of this Resolution and shall extend through the sixtieth day after final adjournment
8of the 2021 Regular Session of the Legislature of Louisiana.
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)]
HCR 4 Engrossed 2020 First Extraordinary Session Seabaugh
Suspends R.S. 9:2800.25(C) and (D) as enacted by the Act that originated as Senate Bill 418
of the 2020 Regular Session of the Legislature of Louisiana relative to the award of health
insurance premiums as damages and evidence of premiums paid.
(Suspends R.S. 9:2800.25(C) and (D) as added by the Act that originated as SB 418 of the
2020 R.S.)
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