§ 46:460.83 — Independent review; judicial appeal

Louisiana § 46:460.83

• Jurisdiction: Louisiana
• Title 46: Public Welfare and Assistance

Text

§460.83. Independent review; judicial appeal
Within sixty calendar days of an independent reviewer's decision, either party to the
dispute may file suit in any court having jurisdiction to review the independent reviewer's
decision and to recover any funds awarded by the independent reviewer to the other party.
Any claim concerning an independent reviewer's decision not brought within sixty calendar
days of the decision shall be barred indefinitely. Suits filed pursuant to this Section shall be
conducted in accordance with applicable provisions of the Code of Civil Procedure, and the
review by the court will be de novo without regard to the independent reviewer's decision.
The independent reviewer and any person who assisted the independent reviewer in reaching
a decision shall be prohibited from testifying at the court proceeding considering the
independent reviewer's decision. Venue shall be proper in the district court for the parish
where either the healthcare provider or the managed care organization is domiciled, and the
district court for that parish has exclusive jurisdiction thereof. If the dispute between the
parties is not fully resolved prior to the entry of a final decision by the court initially hearing
the dispute, then the prevailing party shall be entitled to an award of reasonable attorney fees
and expenses from the nonprevailing party. For purposes of this Section, "reasonable
attorney fees" means the number of hours reasonably expended on the dispute multiplied by
a reasonable hourly rate, and shall not exceed ten percent of the total monetary amount in
dispute or five hundred dollars, whichever amount is greater.

Legislative History

Acts 2017, No. 349, §2.