Louisiana Administrative Code

A. For purposes of determining membership in the Teachers' Retirement System of Louisiana under R.S. 17:3997, R.S. 11:162, and R.S. 11:701, et seq., membership eligibility, service credit, and return-to-work status shall be determined in a manner consistent with the June 29, 2017…

A. The purpose of this regulation is to implement R.S. 22:1181-1191, Long-Term Care Insurance Act, to promote the public interest; to promote the availability of long-term care insurance coverage; to protect applicants for long-term care insurance, as defined, from unfair or dece…

A. Except as otherwise specifically provided, this regulation applies to all long-term care insurance policies, including qualified long-term care contracts and life insurance policies that accelerate benefits for long-term care delivered, or issued for delivery, in this state on…

A. For the purpose of this regulation, the terms applicant, certificate, commissioner, group long-term care insurance, long-term care insurance, policy, and qualified long-term care insurance shall have the meanings set forth in R.S. 22:1184. In addition, the following definition…

A.1. No long-term care insurance policy delivered or issued for delivery in this state shall use the terms set forth below, unless the terms are defined in the policy and the definitions satisfy the following requirements. Activities of Daily Living―at least bathing, continence, …

A. Renewability. The terms guaranteed renewable and noncancellable shall not be used in any individual long-term care insurance policy without further explanatory language in accordance with the disclosure requirements of §1913 of this regulation. 1. A policy issued to an individ…

A. Each insurer offering long-term care insurance shall, as a protection against unintentional lapse, comply with the following. 1. Notice before Lapse or Termination a. No individual long-term care policy or certificate shall be issued until the insurer has received from the app…

A. Renewability. Individual long-term care insurance policies shall contain a renewability provision. 1. The provision shall be appropriately captioned, shall appear on the first page of the policy, and shall clearly state that the coverage is guaranteed renewable or noncancellab…

A. This Section shall apply as follows. 1. Except as provided in §1915.A.2, §1915 applies to any long-term care policy or certificate issued in this state on or after August 19, 2005. 2. For certificates issued on or after the effective date of this amended regulation under a gro…

A. This Section applies to any long-term care policy issued in this state on or after August 19, 2005, except that §1917.B.2.d and §1917.B.3 apply to any long-term care policy issued in this state on or after January 1, 2018. B. An insurer shall provide the information listed in …

A. No insurer may offer a long-term care insurance policy unless the insurer also offers to the policyholder, in addition to any other inflation protection, the option to purchase a policy that provides for benefit levels to increase with benefit maximums or reasonable durations …

A. All applications for long-term care insurance policies or certificates, except those which are guaranteed issue, shall contain clear and unambiguous questions designed to ascertain the health condition of the applicant. B.1. If an application for long-term care insurance conta…

A. A long-term care insurance policy or certificate shall not, if it provides benefits for home health care or community care services, limit or exclude benefits: 1. by requiring that the insured or claimant would need care in a skilled nursing facility if home health care servic…

A. Application forms shall include the following questions designed to elicit information as to whether, as of the date of the application, the applicant has another long-term care insurance policy or certificate in force or whether a long-term care policy or certificate is inten…

A. Every insurer shall maintain records for each producer of that producer's amount of replacement sales as a percentage of the producer's total annual sales and the amount of lapses of long-term care insurance policies sold by the producer as a percentage of the producer's total…

A. A producer is not authorized to market, sell, solicit, or negotiate with respect to long-term care except as authorized by R.S. 22:1543 and R.S. 22:1547(A)(1) and (2).

A. When long-term care benefits are provided through the acceleration of benefits under group or individual life policies or riders to such policies, policy reserves for the benefits shall be determined in accordance with R.S. 22:751, R.S. 22:752, and R.S. 22:753. Claim reserves …

A. This Section shall apply to all long-term care insurance policies or certificates except those covered under §1917, §1937, and

A. This Section shall apply as follows. 1. Except as provided in §1937.A.2, §1937 applies to any long-term care policy or certificate issued in this state on or after August 19, 2005 and prior to January 1, 2018. 2. For certificates issued on or after the effective date of this a…

A. Section 1939 shall apply as follows. 1. Except as provided in §1939.A.2, §1939 applies to any long-term care policy or certificate issued in this state on or after January 1, 2018. 2. For certificates issued on or after the effective date of this amended regulation under a gro…

A. Prior to a long-term care insurer or other similar organization offering group long-term care insurance to a resident of this state, pursuant to R.S. 22:1185, it shall file with the commissioner evidence that the group meets the requirements of R.S. 22:1184(4)(d); and such ins…

A. Every insurer, health care service plan, or other entity providing long-term care insurance or benefits in this state shall provide a copy of any long-term care insurance advertisement intended for use in this state, whether through written, radio, or television medium, to the…

A. Every insurer, health care service plan, or other entity marketing long-term care insurance coverage in this state, directly or through its producers, shall: 1. establish marketing procedures and producer training requirements to assure that: a. any marketing activities, inclu…

A. Section 1947 shall not apply to life insurance policies that accelerate benefits for long-term care. B. Every insurer, health care service plan, or other entity marketing long-term care insurance (the issuer) shall: 1. develop and use suitability standards to determine whether…

A. If a long-term care insurance policy or certificate replaces another long-term care policy or certificate, the replacing insurer shall waive any time periods applicable to pre-existing conditions and probationary periods in the new long-term care policy for similar benefits, t…

D. Independent Review of Benefit Trigger Determination 1. Request. The insured or the insured’s authorized representative may request an independent review of the insured’s benefit trigger determination after the internal appeal process outlined in §1961.C has been exhausted. A w…

A.1. Every long-term care insurance policy and certificate shall include a provision that allows the policyholder or certificateholder to reduce coverage and lower the policy or certificate premium in at least one of the following ways: a. reducing the maximum benefits; or b. red…

D.1. After rejection of the offer required under R.S. 22:1188, for individual and group policies without nonforfeiture benefits issued after the effective date of §1955, the insurer shall provide a contingent benefit upon lapse. 2. In the event a group policyholder elects to make…

A. A long-term care insurance policy shall condition the payment of benefits on a determination of the insured's ability to perform activities of daily living and on cognitive impairment. Eligibility for the payment of benefits shall not be more restrictive than requiring either …

A. For purposes of this Section the following definitions apply. 1. Qualified long-term care services means services that meet the requirements of Section 7702B(c)(1) of the Internal Revenue Code of 1986, as amended, as follows: necessary diagnostic, preventive, therapeutic, cura…

A. For purposes of §1961, “authorized representative” is authorized to act as the covered person’s personal representative within the meaning of 45 CFR 164.502(g) promulgated by the secretary of the U.S. Department of Health and Human Services under the administrative simplificat…

A. Section 1963 of the regulation implements, interprets, and makes specific the provisions of R.S. 22:1186(G) in prescribing a standard format and the content of an outline of coverage. B. The outline of coverage shall be a free-standing document, using no smaller than 10-point …

A. A long-term care insurance shopper's guide in the format developed by the NAIC, or a guide developed or approved by the commissioner, shall be provided to all prospective applicants of a long-term care insurance policy or certificate. 1. In the case of producer solicitations, …

A. In addition to any other penalties provided by the law, any insurer and any producer found to have violated any requirement of this state relating to the regulation of long-term care insurance or the marketing of such insurance shall be subject to a fine of up to three times t…

A. Appendix A rescission reporting form forlong-term care policiesfor the state of louisianafor the reporting year 20[ ] Company Name: _______________________________ Address: ________________________________________________________________________________________________________…

A. The commissioner, upon reasonable request, shall be permitted access to any premises where restricted use pesticides are sold, offered for sale, or held for distribution. B. The commissioner may examine the records required under §2105 and may take samples of any restricted us…

A. The commissioner, upon reasonable request, shall be permitted access to the records required under

A. The Office of Rural Development (ORD) provides financial assistance to local units of government throughout the state mitigating the effects of natural and economic emergencies and funding units of local government projects essential to community well-being. B. Municipalities …

A. Rural development applications are available from the Office of Rural Development to all who request them. All requests for information may be submitted via mail to the Office of Rural Development, Box 94004, Baton Rouge, LA 70804-9004. B. Municipalities, parish governments, s…

A. It is the purpose of this regulation to establish minimum standards governing the maintenance of the security and integrity of computerized criminal history record information.

A. Data files and programs used by the criminal justice system for the collection, maintenance or dissemination of criminal history record information shall be under the management control of a criminal justice agency and shall be supervised and maintained in the following manner…

A. Criminal history record files may be linked to intelligence files in such a manner that an intelligence inquiry from a criminal justice terminal can trigger a printout of the subject's criminal offender record information.

A. A criminal history record inquiry response shall not include information which indicates that an intelligence file exists.

A. As used in this Chapter, the following terms have the meanings described below. Assistant Secretary―Assistant Secretary of the Office of Motor Vehicles. Department―Department of Public Safety and Corrections, Office of Motor Vehicles. Driver Privacy Protection Act―the federal …

A. Effective July 1, 1968, it shall be the order of the Louisiana Stream Control Commission that no oil field wastes, including salt water, produced by gas or oil field operations in the state of Louisiana shall be allowed to drain or flow into waters of the state except: 1. salt…

A. Every dealer registered or required to be registered pursuant to R.S. 51:703(A)(1), every investment adviser registered or required to be registered pursuant to R.S. 51:703(A)(2), every investment adviser notice filed pursuant to R.S. 51:703(D)(2), and officers, directors, and…

A. Intent of Law. For qualifying manufacturing establishments, headquarters, or warehousing and distribution establishments, the Board of Commerce and Industry may enter into a contract to equalize the total tax burden in Louisiana to that of a competing site located in another s…

A. The Louisiana Department of Economic Development (“LED”) and the Board of Commerce and Industry (“board”) encourages applicants and their contractors to give preference and priority to Louisiana manufacturers, and, in the absence of Louisiana manufacturers, to Louisiana suppli…

A. Any establishment, and its contractors, applying for an exemption or state-sponsored subsidy shall designate and set-aside for awarding to economically disadvantaged businesses an amount not less than ten percent of the value of the anticipated total procurement of goods and s…

A. An applicant for tax equalization must be either a manufacturing establishment, a headquarters, or a warehousing and distribution establishment. B. The sites under consideration must be valid and viable for the proposed operations. C. An applicant must either be located in ano…