§ 22:11 — Rules and regulations by commissioner

§11. Rules and regulations by commissioner
A. The commissioner of insurance may promulgate rules and regulations that the
commissioner determines are necessary for implementation of this Title. Such
implementation shall be subject to the legislative oversight of the House of Representatives
and Senate committees on insurance in accordance with R.S. 49:966.
B. In addition to any other powers granted by the Louisiana Insurance Code, the
commissioner of insurance is hereby empowered to promulgate any rule or regulation
necessary to meet the requirements for the accreditation of the Louisiana Department of
Insurance under the National Association of Insurance Commissioners, Financial Regulation
Standards and Accreditation Program. Such implementation shall be subject to the
legislative oversight of the Senate and House committees on insurance in accordance with
R.S. 49:966.
C.(1) When the governor declares a state of emergency pursuant to R.S. 29:724 or
a public health emergency pursuant to R.S. 29:766, the commissioner may issue emergency
rules or regulations that address any of the following related to insurance policies or health
maintenance organization contracts in this state:
(a) Medical coverage relative to each of the following:
(i) Removal of telehealth access restraints.
(ii) Suspension of physician credentialing requirements.
(iii) Expansion of remote access to pharmaceutical drugs.
(b) Grace periods for payment of premiums and performance of other obligations by
insurers or insureds. For health and accident insurance and health maintenance organizations,
the commissioner may implement a grace period not to exceed sixty days during which the
commissioner shall be strictly limited to requiring health insurers to pend all subsequent
claims until any arrearages are corrected or the product is permissibly cancelled or
nonrenewed at the end of the grace period. The commissioner may require prior notice to
providers as a prerequisite for nonpayment of claims. In the event arrearages are not
corrected within the duration of the grace period and the product is permissibly cancelled or
nonrenewed, a healthcare provider may seek payment for any medical services that were
rendered by the healthcare provider but pended by the insurer directly from the insured.
(c) Temporary postponement of involuntary cancellation or nonrenewal by the
insurer.
(2) An action pursuant to Paragraph (1) of this Subsection shall specify all of the
following:
(a) The kinds of insurance, as defined in R.S. 22:47, affected.
(b) The geographic areas to which the emergency rule or regulation applies, which
may be less extensive but shall not be more extensive than the geographic areas in the
governor's emergency declaration.
(c) The effective dates of the emergency rule or regulation, which shall not exceed
the period of the governor's emergency declaration including any extensions or an earlier
termination of the state of emergency.
(3) Any emergency rules or regulations issued by the commissioner pursuant to this
Subsection shall be subject to legislative oversight in accordance with R.S. 49:950 et seq.
and all of the following:
(a) If the commissioner finds that an imminent peril to the public health, safety, or
welfare requires adoption of a rule upon shorter notice than that provided in R.S. 49:961(A)
and within five days of adoption states in writing to the governor of the state of Louisiana,
the attorney general of Louisiana, the speaker of the House of Representatives, the president
of the Senate, and the office of the state register, the reasons for that finding, the
commissioner may proceed without prior notice or hearing or upon any abbreviated notice
and hearing that it finds practicable to adopt an emergency rule.
(b) The commissioner's statement of the reasons for finding it necessary to adopt an
emergency rule shall include specific reasons why the failure to adopt the rule on an
emergency basis would result in imminent peril to the public health, safety, or welfare, or
specific reasons why the emergency rule meets other criteria provided in this Subsection for
adoption of an emergency rule.
(c) The commissioner's statement required in this Paragraph shall be submitted to
the speaker of the House of Representatives and the president of the Senate at their respective
offices in the state capitol by electronic transmission if such means are available. If electronic
means are not available, the commissioner's statement shall be submitted to the office of the
speaker of the House of Representatives and the president of the Senate in the state capitol
by certified mail with the return receipt requested or by messenger who shall provide a
receipt for signature. The return receipt, the receipt for signature, or the electronic
confirmation receipt shall be proof of receipt of the commissioner's statement by the
respective offices.
(d) Within sixty days after receipt of the commissioner's statement by the presiding
officer of either house for an emergency rule, an oversight subcommittee of that house may
conduct a hearing to review the emergency rule and make a determination of whether the
emergency rule meets the criteria for an emergency rule and those determinations as provided
in R.S. 49:966(D)(3). If within that time period an oversight subcommittee finds an
emergency rule unacceptable, it shall prepare a written report containing a copy of the
proposed rule and a summary of the determinations made by the committee and transmit
copies thereof as provided in R.S. 49:966(F)(2).
(e) Within sixty days after adoption of an emergency rule, the governor may review
the emergency rule and make the determinations as provided in Subparagraph (d) of this
Paragraph. If within this time period the governor finds an emergency rule unacceptable, he
shall prepare a written report as provided in Subparagraph (d) of this Paragraph and transmit
copies thereof to the commissioner and the Louisiana Register no later than four days after
the governor makes his determination.
(f) Upon receipt by the commissioner of a report as provided in either Subparagraph
(d) or (e) of this Paragraph, the rule shall be nullified and shall be without effect.
(g) Nothing in this Paragraph shall be construed to grant the commissioner authority
to issue emergency rules or regulations not otherwise authorized by Paragraph (1) of this
Subsection.
(4) No later than June 30, 2021, the commissioner shall promulgate, in accordance
with provisions of the Administrative Procedure Act, rules and regulations to govern the
business of insurance in the event of a declaration of emergency. The rules and regulations
promulgated by the commissioner shall establish requirements related to insurance policies
or health maintenance contracts under the authority granted by Paragraph (1) of this
Subsection.
(5)(a) Any rule adopted pursuant to the authority granted in Subparagraph (1)(a) of
this Subsection and governing medical coverage not specifically enumerated therein shall be
presented by the commissioner to the Senate Insurance Committee and House Insurance
Committee for review and approval by either committee prior to adoption.
(b) Any temporary postponement of cancellation or nonrenewal pursuant to
Subparagraph (1)(c) of this Subsection shall not remain in effect beyond sixty days unless
presented by the commissioner to the Senate Insurance Committee and House Insurance
Committee for review and approval by either committee prior to any extension.
(c) The House Committee on Insurance and the Senate Committee on Insurance
meeting jointly or separately to consider an emergency rule promulgated pursuant to this
Subsection may reject the rule or any provision thereof, in which case the rejected rule or
provision shall be nullified and shall be without effect.
NOTE: Former R.S. 22:11 redesignated as R.S. 22:1824 by Acts 2008, No.
415, §1, eff. Jan. 1, 2009.

Legislative History

Acts 1958, No. 125; Acts 1979, No. 117, §1; Acts 1992, No. 463, §1; Redesignated from R.S. 22:3 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2009, No. 503, §1; Acts 2021, No. 223, §1; Acts 2023, No. 322, §1, eff. Jan. 1, 2024.