Louisiana 2022 Regular Session

Louisiana House Bill HB459

Introduced
3/3/22  
Introduced
3/3/22  
Refer
3/3/22  
Refer
3/14/22  
Report Pass
4/13/22  
Engrossed
4/27/22  
Refer
4/28/22  

Caption

Enacts the Life-Sustaining Care Act (RE INCREASE GF EX See Note)

Impact

The bill amends state law by defining 'life-sustaining procedures' and creating requirements for insurance coverage related to these services. It states that health coverage plans cannot deny payment for life-sustaining procedures as specified in the proposed law. Additionally, the bill outlines a clear process for patients and healthcare providers in case of conflicts regarding care, requiring providers to pursue legal remedy if no decisions can be reached within 30 days regarding patient transfer. This framework is intended to remove ambiguity in patient care in crucial end-of-life scenarios.

Summary

House Bill 459, known as the Life-Sustaining Care Act, establishes specific obligations for healthcare providers and institutions in instances where they decline to provide or continue life-sustaining procedures. The bill aims to ensure that patients receive necessary care until they can be transferred to another appropriate healthcare provider. It mandates that if a patient or their authorized representative requests life-sustaining care, healthcare providers must either comply or facilitate a transfer to a willing provider. This aims to protect patient rights and ensure continuous care in critical situations where life-sustaining procedures are needed.

Sentiment

The sentiment surrounding HB 459 appears to be largely supportive, with stakeholders appreciating the impetus for greater patient protections and access to necessary medical care. However, some concerns exist regarding potential implications for healthcare providers, such as the legal obligations introduced by the bill. Critics argue that the bill may impose undue burdens on healthcare institutions that refuse to perform specific procedures based on ethical or medical considerations. Nonetheless, proponents argue that the act reinforces essential patient autonomy rights.

Contention

Notable points of contention focus on the balance between patient rights and the discretion of healthcare providers. Questions have arisen about the potential conflicts that might arise when a provider is unwilling to continue care based on medical judgment, as the act compels them to ensure that necessary procedures are pursued. Additionally, there is debate regarding the financial implications of insurers being required to cover life-sustaining procedures. The bill attempts to navigate these concerns by specifying that compliance will not necessarily create new causes of action against providers, yet its practical enforcement remains a topic of discussion.

Companion Bills

No companion bills found.

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