SLS 21RS-195 ORIGINAL
2021 Regular Session
SENATE BILL NO. 29
BY SENATOR ABRAHAM
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
INSURANCE COMMISSIONER. Authorizes the commissioner of insurance to take certain
actions relative to insurance during a declared emergency. (8/1/21)
1 AN ACT
2 To enact R.S. 22:11(C), relative to the commissioner of insurance; to authorize the
3 commissioner to take certain emergency actions related to insurance; to provide for
4 limitations on these emergency actions; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 22:11(C) is hereby enacted to read as follows:
7 ยง11. Rules and regulations by commissioner
8 * * *
9 C.(1) When the governor declares a state of emergency pursuant to R.S.
10 29:724 or a public health emergency pursuant to R.S. 29:766, the commissioner
11 may issue emergency rules or regulations that address any of the following
12 related to insurance policies or health maintenance organization contracts in
13 this state:
14 (a) Requirements for the reporting of claims data.
15 (b) Grace periods for payment of premiums and performance of other
16 obligations by insurers or insureds.
17 (c) Temporary postponement of cancellation or nonrenewal.
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 29
SLS 21RS-195 ORIGINAL
1 (d) Medical coverage to ensure access to care.
2 (2) An action pursuant to Paragraph (1) of this Subsection shall specify
3 all the following:
4 (a) The kinds of insurance, as defined in R.S. 22:47, affected.
5 (b) The geographic areas to which the emergency rule or regulation
6 applies, which may be less extensive but shall not be more extensive than the
7 geographic areas in the governor's emergency declaration.
8 (c) The effective dates of the emergency rule or regulation shall not
9 exceed the period of the governor's emergency declaration including any
10 extensions or an earlier termination of the state of emergency.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Thomas L. Tyler.
DIGEST
SB 29 Original 2021 Regular Session Abraham
Present law authorizes the commissioner of insurance to promulgate rules and regulations
necessary to implement the provisions of the Louisiana Insurance Code.
Proposed law authorizes the commissioner to issue certain emergency rules and regulations
whenever the governor declares a state or emergency or a public health emergency.
Proposed law provides that the rules and regulations may address any of the following items
related to insurance policies or health maintenance organization contracts in the state:
(1)Requirements for the reporting of claims data.
(2) Grace periods for payment of premiums and performance of other obligations by
insurers or insureds.
(3)Temporary postponement of cancellation or nonrenewal.
(4)Medical coverage to ensure access to care.
Proposed law requires that the commissioner's action specify the kinds of insurance affected,
the geographic areas to which the rule or regulation applies which may be less extensive but
not more extensive than the geographic area in the governor's declaration, and the effective
dates of the emergency rule or regulation are not to exceed the period of the governor's
emergency declaration, including any extension or an earlier termination of the state or
emergency.
Effective August 1, 2021.
(Adds R.S. 22:11(C))
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.