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 200 Engrossed 2024 Regular Session Melerine
Abstract: Prohibits an insurer from recovering past payments of workers' compensation premiums
from an insured.
Proposed law prohibits an insurer from collecting past payments of workers' compensation premiums
from an insured for a claim that arises out of the misclassification of an employee, unless, the insurer
provides written notice to the insured by certified mail or by any other reasonable commercial courier
within 90 days of discovery of the misclassification.
Proposed law prohibits an insurer from recovering past payments on premiums, if the insurer
conducts a payroll audit and fails to notify the insured by the aforementioned notification
requirements. Proposed law clarifies that an audit by the insurer shall serve as notice to the insured.
Proposed law prohibits an insurer from collecting past payments on premiums that occurred three
years prior to the insured being notified of the misclassification, unless it is determined by a court
of competent jurisdiction that the misclassification was a result of fraud by the insured.
Proposed law prohibits an insurer from recovering any past payment of workers' compensation
premiums from the insured if the National Council on Compensation Insurance conducts an audit
and reclassifies an employee. Proposed law also allows the insurer to adjust the current premium
to reflect the reclassification.
Proposed law provides that proposed law does not apply to self-insurance funds. Proposed law provides that proposed law only applies for the duration of a policy.
(Adds R.S. 23:1172.3)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Labor and Industrial Relations
to the original bill:
1. Clarify that the audit provided for in proposed law is a payroll audit.
2. Provide for workers' compensation premiums when the National Council on
Compensation Insurance conducts an audit.
3. Provide that proposed law does not apply to self-insurance funds.
4. Provide that proposed law only applies for the duration of a policy.
5. Make a technical change.