NOTE: See Subsection E and R.S. 22:1203(E)(2) regarding eff. date of this Section.
§1216. Health and accident policy provisions; service charges; penalties
A.Any health and accident insurance policy issued under this Subpart or Subpart J
of Part III of Chapter 4 of this Title, and any health and accident insurance policy having
effect in this state, shall provide coverage without regard to the insured's obligation of
deductibles or copayments for the service charges assessed pursuant to R.S. 22:1209. The
service charges assessed to a patient pursuant to R.S. 22:1209 shall be mandated benefits of
any health and accident insurance coverage issued by any insurer or insurance arrangement,
except an insolvent insurer, over and above any insurance policy limits, negotiated per diem,
or managed
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NOTE: See Subsection E and R.S. 22:1203(E)(2) regarding eff. date of this Section.
§1216. Health and accident policy provisions; service charges; penalties
A. Any health and accident insurance policy issued under this Subpart or Subpart J
of Part III of Chapter 4 of this Title, and any health and accident insurance policy having
effect in this state, shall provide coverage without regard to the insured's obligation of
deductibles or copayments for the service charges assessed pursuant to R.S. 22:1209. The
service charges assessed to a patient pursuant to R.S. 22:1209 shall be mandated benefits of
any health and accident insurance coverage issued by any insurer or insurance arrangement,
except an insolvent insurer, over and above any insurance policy limits, negotiated per diem,
or managed care arrangement.
B. Each service charge for each patient admission specified in R.S. 22:1209 shall be
paid by the insurer or insurance arrangement in accordance with the plan of operation
adopted pursuant to R.S. 22:1205. Failure to pay a service charge for each patient pursuant
to this Section shall cause the insurer or insurance arrangement to be liable to the Louisiana
Health Plan, the commissioner of insurance, or both for a fine in an amount determined by
the board, not to exceed five hundred dollars plus interest. Any insurer or insurance
arrangement found to have failed to comply with this Section by paying each service charge
for each patient admission specified in R.S. 22:1209 on three or more occasions during a
six-month period shall be liable for a fine in an amount determined by the board, of not less
than five hundred dollars and not more than one thousand five hundred dollars per failure to
pay each service charge for each patient admission, together with attorney fees, interest, and
court costs. The Louisiana Health Plan, the commissioner, or both are specifically authorized
to conduct audits of insurers or insurance arrangements in order to enforce compliance with
this Section.
C. For the purposes of this Section, "insurance" or "insurance arrangement" also
includes any policy or plan of insurance or of self-insurance that provides payment,
indemnity, or reimbursement for charges resulting from accident, injury, or illness when an
employer, insurer, or tortfeasor is responsible for those charges.
D. For purposes of this Section, "insurance" or "insurance arrangement" shall not
include the Office of Group Benefits program.
E. This Section shall not be effective until approval of the plan provided for in R.S.
22:1203(E)(2).