Louisiana Administrative Code

A. On August 18, 2022, the Louisiana Emergency Response Network Board [R.S. 40:2842(1) and (3)] adopted and promulgated “LERN Destination Protocol: TRAUMA”, and replacing the “LERN Destination Protocol: TRAUMA” adopted and promulgated December 10, 2015, as follows: 1. Call LERN C…

Call LERN Communication Center at 1-866-320-8293 for patients meeting the following criteria. Burn Patient with Trauma Yes→ See LERN Trauma Destination Protocol ↓ No Burn patient without patent airway Patients with facial / airway burns or anticipated airway compromise Burn patie…

A. When used in this regulation, the following words or terms shall have the following meaning. Contingent Liability—the amount that a group self-insurance fund may be obligated to pay in excess of a given fund year’s normal premium collected or on hand. Department—the Louisiana …

A. All funds shall maintain specific excess insurance or reinsurance in the amount of at least $2,000,000 per occurrence and aggregate excess insurance or reinsurance of at least $2,000,000. B. The maximum retention allowed for the fund’s specific excess policy shall be approved …

A. At inception, each fund shall either: 1. Provide evidence satisfactory to the commissioner that it possesses surplus in excess of $1,000,000, or 2. Submit a current audited financial statement, audited by an independent certified public accountant, of at least two members show…

A. Pursuant to R.S. 3:4351.9(D)(1), a fund subject to delinquency proceedings shall be governed by the applicable provisions of R.S. 22:731, et seq., pertaining to administrative supervisions, or the applicable provisions of R. S. 22:2001, et seq., pertaining to receivership, tha…

A.1. After notice and opportunity for a hearing, the commissioner may issue an order requiring a person or group to cease and desist from engaging in an act or practice found to be not in compliance with R.S. 3:4351, et seq. or with any rule promulgated by the department pursuant…

A. The commissioner shall examine, not less frequently than once every five years, and at any other time when an examination is necessary in the opinion of the commissioner, all group self-insurance funds established pursuant to R.S. 3:4351 et seq. The reasonable expenses of such…

A. On November 21, 2013, the Louisiana Emergency Response Network Board [R.S. 40:2842(1) and (3)] adopted and promulgated "LERN Destination Protocol: STROKE," as follows. 1. The following protocol applies to patients with suspected stroke. Compromise Of: Airway Breathing Circulat…

A. On April 21, 2017, the Louisiana Emergency Response Network Board [R.S. 40:2842(1) and (3)] adopted and promulgated “LERN Designation Protocol: Stroke”, amending and replacing the previous “LERN Designation Protocol: Stroke” adopted on November 21, 2013 and set out in Section …

A. On November 17, 2023, to be effective January 1, 2024, the Louisiana Emergency Response Network Board [R,S, 40:2842(1) and (3)] adopted and promulgated “LERN Destination Protocol: Stroke”, amending and replacing the previous “LERN Destination Protocol: Stroke” adopted on April…

A. Regulation 127 is promulgated on behalf of the Department of Insurance by the Commissioner of Insurance pursuant to the authority granted under the Louisiana Insurance Code, R.S. 22:11, and as specifically instructed in accordance with R.S. 22:2657.

A. The purpose of Regulation 127 is to establish rules and regulations pertaining to the hurricane mediation program, codified at R.S. 22:2651, et seq., in accordance with Act 591 of the 2022 Regular Session of the Louisiana Legislature.

A. Regulation 127 applies to all property and casualty insurers of residential property situated in a geographical area that is included in a state of emergency declaration issued by the governor of Louisiana in response to a hurricane, named storm, or named windstorm event.

A. These terms when used in this Chapter shall have the following meanings. Commissioner—the Louisiana Commissioner of Insurance. Department—the Louisiana Department of Insurance. Disclosure Notice—a written notification issued by insurers to insureds disclosing the existence of …

A. The hurricane mediation program was enacted in response to a demonstrated need for effective, fair, and timely handling of residential property insurance claims for residential properties damaged by a hurricane, named storm, or named windstorm event. B. The hurricane mediation…

A. Every insured may request mediation involving a residential property insurance claim, provided such claim: 1. arises from a hurricane, named storm, or named windstorm event that results in the governor declaring a state of emergency in accordance with R.S. 29:724, 2. is for da…

A. Every mediation firm that elects to participate in the hurricane mediation program shall: 1. contact the department within ten calendar days regarding any change involving its official name, contact information, municipal address, electronic mail address, telephone number, and…

A. Once an insured has contacted a participating mediation firm that is listed on the department’s website, the mediation firm shall submit its proposed mediation rate for approval to the department’s Property and Casualty Division, which will examine the proposed rate to confirm…

A. Whenever a hurricane, named storm, or named windstorm event results in the governor declaring a state of emergency in accordance with R.S. 29:724, an insurer shall prepare and deliver a disclosure notice to all insureds who have filed a covered residential property insurance c…

A. A disclosure notice shall be delivered to the insured in a manner specified in R.S. 22:2656.A, which specifically authorizes delivery via United States mail, electronic mail, or by hand-delivery.

A. Delivery by Mail. If a disclosure notice is sent to the insured via United States mail, proof of such mailing shall be sufficient evidence to establish delivery of the disclosure notice, provided it reflects the date of the mailing and the name of the insured. B. Electronic De…

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 provisio…

A. Regulation 127 shall become effective upon publication.

CERTIFICATE OF HAND-DELIVERY HURRICANE MEDIATION PROGRAM DISCLOSURE NOTICE I hereby certify that on the ____ day of __________, 20____, I appeared at: (Physical address): ___________________________________ ___________________________________ ___________________________________, …

A. On November 21, 2013, the Louisiana Emergency Response Network Board [R.S. 40:2842(1) and (3)] adopted and promulgated "STEMI Triage Protocol for Pre-Hospital Providers," as follows. Acute coronary symptoms ≥ 15 minutes and < 12 hours AND 12 lead ECG criteria of 1 mm ST elevat…

A. The purpose of this regulation is to define the requirements to receive a surplus line insurance refund for taxes paid on gross premium received by the Department of Insurance.

A. Regulation 129 shall apply to impositions of a tax of four and eighty-five one hundredths of one percent per annum on the gross premium without regard to the location of the covered property, risk, or exposure for all insurance placed through a Louisiana licensed surplus lines…

A. For the purpose of this Chapter, a refund or credit of gross premium taxes is authorized when there is a payment of tax when none was due. B. The commissioner may make a refund or credit of each payment where it is determined that the payment was the result of an error, omissi…

A. After three years from the 31st day of December of the year in which the tax became due or after one year from the date the tax was paid, whichever is the later, no refund or credit for a payment shall be made unless the commissioner has been notified of a claim for credit or …

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

A. The goal of the Louisiana Emergency Response Network Board is to establish a trauma system that includes one verified trauma center in each region of the state. Trauma program recognition in excess of this goal will be determined utilizing a needs based assessment. The LERN co…

A. LERN recognizes the opportunity to reduce the morbidity and mortality of trauma patients in Louisiana in areas without an existing level I or level II trauma center or an existing level II or level III trauma program through this process which recognizes the achievement of spe…

A. The hospital must be located in a LERN region that does not have an existing ACS verified level I or level II trauma center. B. A hospital providing care to trauma patients in a LERN region without an existing ACS verified level I or level II trauma center or without an existi…

A. A hospital must complete the LERN approved form, “application for recognition of trauma program”. B. The hospital CEO must complete and sign the LERN approved trauma program checklist/attestation for the applicable trauma program level. 1. By this attestation, the hospital CEO…

A. The purpose of this regulation is to implement the provisions of Act No. 428 of the 2023 Regular Session. The law creates an insurance premium tax refundable credit for retaliatory taxes paid by certain domestic insurers.

A. This regulation applies to Louisiana domestic insurers that are authorized to write and do write insurance in Louisiana on an admitted basis and in at least one other state on an admitted basis as of July 1, 2023.

Commissioner—the commissioner of insurance for the State of Louisiana. LDI—the Louisiana Department of Insurance.

A. Domestic admitted insurers who have paid retaliatory tax based on premiums written in the preceding year shall provide evidence of the retaliatory taxes paid to other states along with Form 836. Evidence may consist of tax returns, invoices, copies of checks, or other document…

A. Domestic insurers seeking a refundable tax credit shall submit a request to the LDI pursuant to R.S.22:836 on Form 836 which shall be designed by the commissioner. The request shall be submitted no later than April 15th of each year. The commissioner may disapprove a tax credi…

A. This regulation shall take effect on January 1, 2024. The initial applications for the refundable retaliatory tax credits must be filed by April 15, 2025. This regulation sunsets December 31, 2029. The last applications for the refundable tax credits must be filed by April 15,…

A. The terms in this Subchapter are used as defined in LAC 33:III.111 except for those terms defined herein as follows. Affected Source—the collection of equipment, activities, or both within a single contiguous area and under common control that is included in a section 112(c) s…

A. Prohibited Activities shall include the following. 1. After the effective date of any standard set forth in this Subchapter, no owner or operator shall construct or modify any stationary source subject to such standard without first obtaining written authorization from the adm…

A. Annual Emissions Reporting. The owner or operator of any major source that meets the applicability requirements in LAC 33:III.5101.A and emits any toxic air pollutant listed in LAC 33:III.5112, Table 51.1 or 51.3, shall submit a completed annual emissions report to the Office …

A. Maximum Achievable Control Technology (MACT) Requirements 1. The owner or operator of any major source that emits or is permitted to emit a Class I or Class II toxic air pollutant at a rate equal to or greater than the minimum emission rate listed for that pollutant in LAC 33:…

A. Major Source Permit Requirements. Before commencement of the construction of any new source or any modification that will result in an increase in emissions of any toxic air pollutant or will create a new point source that emits a toxic air pollutant, the owner or operator of …

Table 51.1 Minimum Emission Rates Toxic Air Pollutants Class I. Known and Probable Human Carcinogens Compounds CAS Number Synonyms Minimum Emission Rate (Pounds/year) Acrylonitrile 107-13-1 35.0 Arsenic (and compounds) [1] [12] 7440-38-2 25.0 Asbestos (friable) 1332-21-4 25.0 Ben…

A. Notification of Start‑Up. Any owner or operator that has an initial start-up of a stationary source subject to MACT or Ambient Air Standard Requirements under this Subchapter shall furnish SPOC written notification as follows: 1. a notification to SPOC of the anticipated date …

A. Except as modified in this Section and specified below, national emission standards for hazardous air pollutants, published in the Code of Federal Regulations at 40 CFR 61, July 1, 2025, and specifically listed in the following table, are hereby incorporated by reference as th…

A. Except as modified in this Section and specified below, national emission standards for hazardous air pollutants for source categories, published in the Code of Federal Regulations at 40 CFR 63, July 1, 2025, are hereby incorporated by reference as they apply to major sources …