NASP Amicus Update – Louisiana Senate Bill 169, Section 1881
The Louisiana Bill we first reported on back in June of this year was recently signed by Governor Bobby Jindal and enacted into law. The original bill has been modified, but still lacks clarity.The law states that no health insurer shall seek reimbursement from an automobile medical payment coverage without first obtaining the written consent of the insured or his/her legal representative. Once nine (9) months have elapsed from the date of the accident, a health insurer may seek reimbursement from the med pay carrier for the outstanding balance remaining on the med pay policy. The bill is unclear as to whether or not the “consent requirement” is necessary after the nine month statutory period has elapsed.
Additionally, a health insurer seeking payment from an automobile med pay policy cannot recover more than the amount actually paid by the insurer or provider. The law does not apply to Medicare Advantage or self-funded plans. The law becomes effective on August 15, 2011.
Kammy Poff NASP Amicus Committee Chair Joseph Willis NASP State Net Committee Chair
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