Louisiana Administrative Code

A. This regulation is promulgated on behalf of the Department of Insurance by the Commissioner of Insurance pursuant to the authority granted under Title 22.

A. The purpose of this regulation is to establish procedures for governing the institution of administrative and agency proceedings resulting in administrative action with respect to a license in accordance with R.S. 22:2191, et seq.

A. Regulation 120 sets forth procedures and time delays that govern the institution of administrative and agency proceedings resulting in administrative action instituted against any licensee.

A. The provisions of this Subpart are severable. If any provision or item of this Subpart, or application thereof, is held invalid, such invalidity shall not affect other provisions, items, or applications of this Subpart which are to be given effect without the invalid provision…

A. Strictly for purposes of Regulation 120, the following terms are defined as follows. Administrative Proceedings—proceedings in an administrative tribunal adjudicated by an administrative law judge and conducted in accordance with Chapter 12 of the Louisiana Insurance Code, R.S…

A. Prior to the institution of an agency proceeding regarding the revocation, suspension, annulment, or withdrawal of a license, the commissioner shall give the licensee notice of the wrongful conduct alleged and an opportunity to show compliance with all lawful requirements for …

A. If the licensee fails to demonstrate compliance with all lawful requirements of Title 22 for retention of the license to the satisfaction of the commissioner within 20 calendar days of the mailing or personal service of the notice of wrongful conduct, or within any extension o…

A. Notwithstanding any other provision of this regulation, if the commissioner finds that the public health, safety, or welfare of Louisiana citizens imperatively requires emergency action, the commissioner may issue a notice of summary suspension or order to the licensee, settin…

A. A demand for an administrative hearing shall not operate as an automatic stay of any order issued by the commissioner or any action taken or proposed to be taken by the commissioner unless such relief is granted by the Division of Administrative Law pursuant to R.S. 22:2204 an…

A. This regulation shall become effective upon final publication in the Louisiana Register.

A. The purpose of Regulation 126 is to set forth rules and requirements governing the administration of the Louisiana Fortify Homes Program (LFHP) and eligibility criteria for LFHP grants in accordance with Act No. 554 of the 2022 Regular Session. B. The purpose of the amendment …

A. As used in Regulation 126, the following terms shall have the meanings herein specified. 1. Commissioner—the Louisiana Commissioner of Insurance. 2. FORTIFIED—a program of IBHS. 3. FORTIFIED Home Evaluator—an independent, third party who has completed the FORTIFIED training re…

A. Contractor Eligibility Requirements. To be eligible to work as a LFHP contractor (LFHP-approved contractor), the contractor must meet all of the following program requirements: 1. submit and maintain a current copy of all certificates, licenses, and proof of insurance coverage…

A. Home Evaluator Eligibility Requirements. To be eligible to work on the LFHP, a home evaluator must meet all of the following program requirements: 1. submit and maintain a copy of all current program certificates with the LFHP; 2. be in good standing with the IBHS and maintain…

A. Grant Eligibility. To be eligible for a LFHP grant, an applicant must meet the following requirements: 1. The home must be a residence with a homestead exemption that is not a condominium or mobile home. 2. The home must be in good repair unless damaged by a hurricane, non-hur…

A. If any rule or portion of a rule or its applicability to any person or circumstance is held invalid by any court, the remainder of this Chapter or the applicability of the provision to other persons or circumstances shall not be affected.

A. Regulation 126, as amended, shall be effective upon final publication in the Louisiana Register.

A. The chairman and vice-chairman, and any other officers that the board shall deem necessary, shall be elected for a two-year term at the first meeting held following January 1 of each even numbered year. B. In the case of a vacancy in the office of chairman, the vice-chairman s…

A. Eight members of the board shall constitute a quorum for all purposes.

A. Grounds for removal of board members include conviction of a felony.

A. The purpose of this regulation is to set forth rules and procedural requirements to establish uniform, national standards governing reserve financing arrangements pertaining to life insurance policies containing guaranteed nonlevel gross premiums, guaranteed nonlevel benefits …

A. This regulation shall apply to reinsurance treaties that cede liabilities pertaining to covered policies, as that term is defined in §18305, issued by any life insurance company domiciled in this state. This regulation and Regulation 56 shall both apply to such reinsurance tre…

A. Strictly for the purposes of Regulation 121, the following terms are defined as follows. Actuarial Method—the methodology used to determine the required level of primary security, as described in §18309.A. Commissioner—the Louisiana Commissioner of Insurance. Covered Policies—…

A. This regulation does not apply to the situations described in Paragraphs 1-7. 1. Reinsurance of: a. policies that satisfy the criteria for exemption set forth in §10911.F and §10911.G of Regulation 85 and that are issued before the later of: i. September 1, 2022; and ii. the d…

A. The actuarial method to establish the required level of primary security for each reinsurance treaty subject to this regulation shall be VM-20, applied on a treaty-by-treaty basis, including all relevant definitions, from the valuation manual as then in effect, applied as foll…

A. Subject to the exemptions described in §18307 and the provisions of Subsection B, credit for reinsurance shall be allowed with respect to ceded liabilities pertaining to covered policies pursuant to R.S. 22:651 and R.S. 22:652 if, and only if, in addition to all other requirem…

A. If any provision of this regulation is held invalid, the remainder shall not be affected.

A. No insurer that has covered policies to which this regulation applies, as set forth in §18303, shall take any action or series of actions, or enter into any transaction, arrangement, or series of transactions or arrangements if the purpose of such action, transaction, arrangem…

A. This regulation shall become effective September 1, 2022 and shall pertain to all covered policies in force as of and after that date.

A. Selection of Regional Commission Membership by Louisiana Emergency Response Network (LERN) Board 1. The process for selecting the regional commission members is as follows: a. the LERN Board Chairman shall request in writing the name of a nominee to serve on each regional comm…

A. Each regional commission shall select a chairman and vice chairman. B. The chairman and vice-chairman, and any other officers that the commission shall deem necessary, shall be elected for a two-year term at the first meeting held following January 1 of each even numbered year…

A. Meetings of the commission shall be noticed, convened and held not less frequently than quarterly during each calendar year and otherwise at the call of the chairman or on the written petition for a meeting signed by not less than the number of members which would constitute a…

A. Each regional commission shall: 1. develop a written system plan for submission to LERN Board, which plan shall: a. identify all resources available in the region for emergency and disaster preparedness and response; b. be based on standard guidelines for comprehensive system …

A. The purpose of this regulation is to define the roles and responsibilities solely within the purview of pharmacy benefit managers and pharmacy services administrative organizations as required by R.S. 22:1660.9(C).

A. Regulation 122 shall apply to all pharmacy benefit managers and pharmacy services administrative organizations licensed in Louisiana.

Pharmacy Benefit Manager—a person, business, or other entity and any wholly or partially owned or controlled subsidiary of such entity that either directly or through an intermediary manages or administers the prescription drug and device portion of one or more health benefit pla…

A. The roles and responsibilities solely within the purview of pharmacy benefit managers are as follows: 1. administering prescription drug plans for health plan sponsors; 2. formulary and benefit design support and management; 3. establishing reimbursement rates and making payme…

A. The roles and responsibilities solely within the purview of pharmacy services administrative organizations are as follows: 1. negotiating contracts, drug reimbursement rates, payments, and audit terms on behalf of pharmacy clients with pharmacy benefit managers; 2. billing and…

A. This regulation shall become effective upon final publication in the Louisiana Register.

A. The Louisiana Emergency Response Network Board (LERN Board), its committees and regional commissions are obligated to provide for participation via teleconference or video conference, or if unavailable, by viable alternative methods, on an individualized basis for people with …

A. This regulation is promulgated on behalf of the Department of Insurance by the Commissioner of Insurance pursuant to the authority granted under Title 22.

A. The purpose of this regulation is to establish and identify the responsibilities of an insurance producer licensed for the line of bail bonds with respect to collateral accepted and held by the producer pursuant to a written bail bond collateral agreement.

A. Regulation 123 sets forth requirements related to bail bond collateral agreements and identifies the responsibilities of a bail bond producer with respect to any collateral received as part of a bail bond transaction.

A. The provisions of this Subpart are severable. If any provision or item of this Subpart, or application thereof, is held invalid, such invalidity shall not affect other provisions, items, or applications of this Subpart which are to be given effect without the invalid provision…

A. These terms when used in this Chapter shall have the following meanings. Bail—the security given by a person to assure a defendant’s appearance before the proper criminal court whenever required. Bail Bond Producer—any person, corporation, or partnership which holds an insuran…

A. All agreements concerning collateral must be in writing. B. Written collateral agreements shall not contain any provision that is contrary to the requirements of this regulation or to those set forth in any law in Louisiana regarding bail bonds. C. Written collateral agreement…

A. A bail bond producer or surety that accepts collateral as security for a bail bond shall comply with all of the following requirements: 1. For a bail bond producer or surety to accept collateral, the person pledging the collateral must have voluntarily pledged it at the time o…

A. Only the premium amounts, fees, and expenses authorized pursuant to R.S. 22:1443, or as otherwise permitted in accordance with applicable state law, shall be recoverable by any bail bond producer or surety. No fee or other charge of any nature shall be deducted from the collat…

A. Failure to comply with the provisions of this regulation may be determined by the Commissioner to be a violation of R.S. 22:1562, and the violator shall be subject to penalties pursuant to R.S. 22:1554.

A. This regulation shall become effective upon final publication in the Louisiana Register.