Louisiana § 22:1205 Plan of operation

Louisiana Statutes

§ 22:1205 — Plan of operation

Louisiana·Title 22 Insurance

§1205. Plan of operation

A.The board shall submit to the commissioner a plan of operation for the plan and any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable administration of the plan. The commissioner shall approve the plan of operation provided such is determined to be suitable to assure the fair, reasonable, and equitable administration of the plan.

B.The plan of operation shall become effective upon approval in writing by the commissioner. If the board fails to submit a suitable plan of operation within ninety days after its appointment or at any time thereafter fails to submit suitable amendments to the plan, the commissioner shall adopt and promulgate such reasonable rules and regulations, in accordance with the Administrative Procedure Act,

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§1205. Plan of operation
A. The board shall submit to the commissioner a plan of operation for the plan and
any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable
administration of the plan. The commissioner shall approve the plan of operation provided
such is determined to be suitable to assure the fair, reasonable, and equitable administration
of the plan.
B. The plan of operation shall become effective upon approval in writing by the
commissioner. If the board fails to submit a suitable plan of operation within ninety days
after its appointment or at any time thereafter fails to submit suitable amendments to the
plan, the commissioner shall adopt and promulgate such reasonable rules and regulations,
in accordance with the Administrative Procedure Act, as are necessary or advisable to
effectuate the provisions of this Section. Such rules and regulations shall continue in force
until modified by the commissioner or superseded by a plan submitted by the board and
approved by the commissioner.
C. In its plan of operation the board shall:
(1) Establish procedures for the handling and accounting of assets and monies of the
plan.
(2) Establish procedures for the payment of expenses incurred by an administering
insurer in the performance of its services.
(3) Establish procedures for the reporting and remittance of charges assessed under
R.S. 22:1209 to provide for claims paid under the benefits plan and for administrative
expenses incurred for the operation of the plan.
(4) Develop and implement a program to publicize the existence of the benefits plan,
the eligibility requirements, and procedures for enrollment of members, and to maintain
public awareness of the benefits plan.
(5) Establish such other procedures for the operation of the plan to effectuate the
purposes of this Subpart as the board in its discretion deems necessary and proper.
(6) Provide the details of the calculation of each participating insurer's assessment.
(7) Repealed by Acts 2020, No. 313, §2, eff. June 12, 2020.
(8) The cessation plan approved and in effect on January 1, 2020, shall continue in
effect until and unless the commissioner notifies the board in writing of his intent to exercise
his authority under this Paragraph to reestablish the Louisiana Health Plan.
(9) Upon approval of the plan of operation provided for in R.S. 22:1203(E)(2), the
board shall resume operations as provided for in that plan.
NOTE: Former R.S. 22:1205 redesignated as R.S. 22:1625 by Acts 2008,
No. 415, §1, eff. Jan. 1, 2009.

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Legislative History

Acts 1990, No. 131, §1, eff. Sept. 1, 1990; Acts 1999, No. 163, §1; Redesignated from R.S. 22:235 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2010, No. 123, §1, eff. June 8, 2010; Acts 2013, No. 325, §1, eff. June 17, 2013; Acts 2020, No. 313, §§1, 2, eff. June 12, 2020.