SLS 25RS-384 ORIGINAL
2025 Regular Session
SENATE BILL NO. 138
BY SENATOR KLEINPETER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH/ACC INSURANCE. Provides for health insurance coverage for retired employees
of district attorneys' offices. (8/1/25)
1 AN ACT
2 To enact R.S. 22:37, relative to group health insurance for retired employees of district
3 attorneys' offices; to prohibit a health insurance issuer from refusing enrollment
4 based solely on the status of retirement; to prohibit discrimination between active
5 and retired employees for purposes of insurance coverage; to provide for
6 construction of statutory provisions; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 22:37 is hereby enacted to read as follows:
9 ยง37. Discrimination prohibited; health insurance coverage; district attorney's
10 office retirees
11 A. No health insurance issuer shall refuse to accept for enrollment any
12 individual formerly employed by a district attorney's office in this state when
13 all of the following conditions are met:
14 (1) The health insurance issuer maintains a policy of group health
15 coverage for which the district attorney's office is the group policyholder.
16 (2) The individual was formerly a certificate holder of a policy for which
17 the district attorney's office was at that time the group policyholder.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 138
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1 (3) The individual is no longer employed by the district attorney's office
2 as a result of retirement.
3 (4) The individual is not yet eligible for Medicare.
4 (5) The district attorney's office is funded by a local sales and use tax
5 dedicated to the operations of the office.
6 B. The health insurance issuer shall not discriminate between an active
7 employee of a district attorney's office and a retired former employee of the
8 same district attorney's office on the basis of active or retired status.
9 C.(1) This Section does not require a health insurer to provide coverage
10 for a retired former employee under circumstances in which an active employee
11 could lawfully be denied coverage nor requires a health insurance issuer to offer
12 terms, rates, or benefits to a retired former employee that the insurer is not
13 required to offer to an active employee.
14 (2) Notwithstanding the provisions of this Section, this Section shall not
15 be construed to do any of the following:
16 (a) Require a district attorney's office to offer health insurance coverage
17 to retired former employees.
18 (b) Prohibit a district attorney's office from offering health insurance
19 coverage only to active employees.
20 (c) Prohibit a health insurance issuer from offering coverage that
21 complies with an eligibility decision of a district attorney's office.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Senate Legislative Services.
The keyword, summary, 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)]
DIGEST
SB 138 Original 2025 Regular Session Kleinpeter
Present law allows a district attorney's office to offer group health insurance to its
employees.
Proposed law retains present law.
Proposed law requires a health insurance issuer to provide coverage to a retired employee
of a district attorney's office funded by a local dedicated sales and use tax on the same terms
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 138
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as to an active employee of the office when the retiree is not yet eligible for Medicare, if the
district attorney's office provides health insurance coverage to its retirees.
Proposed law does not require a district attorney's office to offer health insurance coverage
to retirees.
Effective August 1, 2025.
(Adds R.S. 22:37)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.