Louisiana 2021 2021 Regular Session

Louisiana House Bill HB74 Engrossed / Bill

                    HLS 21RS-223	ENGROSSED
2021 Regular Session
HOUSE BILL NO. 74
BY REPRESENTATIVE FRIEMAN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
INSURERS:  Provides relative to the workers' compensation claims office requirement for
insurers issuing such policies in Louisiana
1	AN ACT
2To amend and reenact R.S. 22:337(A)(17) and R.S. 23:1161.1(A), relative to workers'
3 compensation insurers; to require insurers issuing workers' compensation policies in
4 Louisiana to maintain a claims office in Louisiana; to remove the requirement that
5 Louisiana licensed claims adjusters retained by foreign and alien insurers be
6 domiciled independently; to make technical changes; and to provide for related
7 matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1.  R.S. 22:337(A)(17) is  hereby amended and reenacted to read as follows: 
10 §337.  Refusal, suspension, and revocation of certificate of authority
11	A.  The commissioner of insurance may refuse, suspend, or revoke the
12 certificate of authority of a foreign or alien insurer whenever he shall find that such
13 insurer:
14	*          *          *
15	(17)  Fails to maintain a claims office for processing workers' compensation
16 insurance claims in this state, as required by R.S. 23:1161.1, or to retain the services
17 of Louisiana domiciled independent claims adjusters a claims adjuster who possesses
18 a Louisiana license.  This Paragraph shall does not apply to reinsurers licensed or
19 accredited to do business in the state.
20	*          *          *
Page 1 of 2
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-223	ENGROSSED
HB NO. 74
1 Section 2.  R.S. 23:1161.1(A) is hereby amended and reenacted to read as follows:
2 §1161.1.  Worker's Workers' compensation claims office or licensed claims
3	adjusters; waiver
4	A.  Any insurer, authorized or unauthorized, domestic, foreign, or alien, who
5 issues a policy for worker's workers' compensation in this state shall either establish
6 and maintain a claims office within the state or retain a licensed claims adjuster who
7 possesses a Louisiana license.
8	*          *          *
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 74 Engrossed 2021 Regular Session	Frieman
Abstract:  Requires all insurers issuing workers' compensation policies in La. to either
maintain a claims office in La. or retain a La. licensed claims adjuster.
Present law requires foreign and alien insurers issuing workers' compensation policies in La.
to either maintain a claims office in La. for processing such claims or to retain the services
of a La. domiciled independent claims adjuster.
Proposed law retains present law but removes the requirement that the retained La. claims
adjuster be domiciled independently.
Present law provides that all insurers who issue workers' compensation policies in this state
shall either establish and maintain a claims office within the state or retain a licensed claims
adjuster.
Proposed law retains present law but specifies that the retained claims adjuster shall be
licensed in La.
(Amends R.S. 22:337(A)(17) and R.S. 23:1161.1(A))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Insurance to the
original bill:
1. Make technical changes.
Page 2 of 2
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.