Louisiana § 22:1931.6 Recovery

Louisiana Statutes

§ 22:1931.6 — Recovery

Louisiana § 22:1931.6

Title 22Insurance

This text of Louisiana § 22:1931.6 (Recovery) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

La. Stat. Ann. § 22:1931.6 (2026).

Text

NOTE: Pursuant to R.S. 22:1931.13, this Section terminates on July 1, 2024. §1931.6. Recovery A.

(1)Actual damages incurred as a result of a violation of the provisions of this Part shall be recovered only once by the insurer and shall not be waived by the court.

(2)Except as provided in Paragraph (3) of this Subsection, actual damages shall equal the difference between the amount the insurer paid or would have paid and the amount that would have been due had not a violation of this Part occurred, plus interest at the maximum rate of judicial interest provided by R.S. 13:4202, from the date the damage occurred to the date of repayment. Actual damages shall include investigative expenses incurred by the insurer.

(3)If the violator is a managed care healthcare provider contracted with a he

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NOTE: Pursuant to R.S. 22:1931.13, this Section terminates on July 1, 2024.
§1931.6. Recovery
A.(1) Actual damages incurred as a result of a violation of the provisions of this Part
shall be recovered only once by the insurer and shall not be waived by the court.
(2) Except as provided in Paragraph (3) of this Subsection, actual damages shall
equal the difference between the amount the insurer paid or would have paid and the amount
that would have been due had not a violation of this Part occurred, plus interest at the
maximum rate of judicial interest provided by R.S. 13:4202, from the date the damage
occurred to the date of repayment. Actual damages shall include investigative expenses
incurred by the insurer.
(3) If the violator is a managed care healthcare provider contracted with a health
insurer, actual damages shall be determined in accordance with the violator's provider
agreement.
B. Any person who is found to have violated R.S. 22:1924 shall be subject to a civil
fine in an amount not to exceed ten thousand dollars per violation.
C. In addition to the actual damages provided in Subsection A of this Section and
any civil fine imposed pursuant to Subsection B of this Section, a civil monetary penalty
shall be imposed on the violator in an amount which equals three times the benefit pursued,
including actual damages as a result of the violation.
D.(1) Any person who is found to have violated this Part shall be liable for all costs,
expenses, and fees related to investigations and proceedings associated with the violation,
including attorney fees.
(2) All awards of costs, expenses, fees, and attorney fees are subject to review by the
appellate court for abuse of discretion.
(3) The attorney general shall promptly remit awards recovered for those costs,
expenses, and fees incurred by the parties involved in the investigations or proceedings to
the appropriate party.
E.(1) Payment of interest on the amount of the civil fine imposed pursuant to
Subsection B of this Section shall be at the maximum rate of legal interest provided by R.S.
13:4202 from the date the damage occurred to the date of repayment.
(2) Prior to the imposition of a civil monetary penalty, the court may consider
whether extenuating circumstances exist as provided in R.S. 22:1931.7.