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LA SB110

LA SB110
Provides relative to employee benefit plans preempted by the Employee Retirement Income Security Act of 1974. (gov sig)


summary

Introduced
04/03/2025
In Committee
04/14/2025
Crossed Over
Passed
Dead
06/12/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT To amend and reenact the introductory paragraph of R.S. 22:1044(A), R.S. 22:1044(A)(4), the introductory paragraph of 1060.1, 1060.1(6), 1061(2)(b), the introductory paragraph of 1221, 1221(3), the introductory paragraph of 1831, 1831(14), and 1852(7) and to enact R.S. 22:470, relative to employee

AI Summary

This bill clarifies the applicability and interaction of Louisiana state insurance laws with the Employee Retirement Income Security Act of 1974 (ERISA), a federal law that governs employee benefit plans. Specifically, the bill adds a new section (R.S. 22:470) that explicitly states that state insurance provisions apply to employee benefit plans only to the extent they are not preempted by ERISA. The bill removes language in multiple sections of Louisiana law that previously referenced ERISA preemption, effectively streamlining the legal text. If any part of the state insurance law is determined to be preempted by ERISA, either through a court decision or by the commissioner's determination, the remainder of the law will remain valid and applicable. The bill also makes minor grammatical and stylistic changes to various definitions of "health insurance issuer" across different sections of Louisiana insurance law, such as changing "shall" to "includes" and removing specific ERISA preemption references. These changes aim to provide more clarity and consistency in how state insurance regulations interact with federal employee benefit plan laws.

Committee Categories

Business and Industry

Sponsors (1)

Last Action

Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Insurance. (on 04/14/2025)

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