Louisiana Administrative Code

A. Regulation 131 requires insurers providing property, casualty, or liability insurance to submit a plan for nonrenewal or cancellation of certain homeowners’ policies pursuant to R.S. 22:1265(L) to the Louisiana Department of Insurance. B. Regulation 131 only applies to insurer…

A. As used in Regulation 131, these terms shall have the following meaning ascribed herein unless the context clearly indicates otherwise. Commissioner—the Louisiana Commissioner of Insurance. Department—the Louisiana Department of Insurance. Homeowners Insurance—a policy of insu…

A. Any insurer that makes a filing pursuant to R.S. 22:1265(L) for the nonrenewal or cancellation of up to five percent or for more than five percent of its insureds’ homeowners policies in Louisiana in a calendar year shall file with the commissioner a Plan for Nonrenewal or Can…

A. The commissioner may rescind his approval of any Plan for Nonrenewal or Cancellation filing made pursuant to this Regulation if it is subsequently determined that the insurer made any material misrepresentation in its submission, or if the insurer violates the statutory prohib…

A. The commissioner may take any and all administrative action provided in Title 22 whenever an insurer is found to be in violation of R.S. 22:34, R.S. 22:35(A), R.S. 22:1964, or any provision of law pursuant to Title 22.

A. Regulation 131 shall become effective upon final publication in the Louisiana Register.

A. If any section or provision of Regulation 131 or the application to any person or circumstance is held invalid, such invalidity or determination shall not affect other sections or provisions or the application of Regulation 131 to any persons or circumstances that can be given…

A. Effective May 1, 2007, the Department of Health and Hospitals provides State Children’s Health Insurance Program (SCHIP) coverage of prenatal care services to low income, non-citizen women as an expansion of coverage for children under Title XXI of the Social Security Act. SCH…

A. An applicant must be a Louisiana resident and cannot be eligible for Medicaid benefits under the provisions of Title XIX of the Social Security Act. B. Applicants must be uninsured at the time of application. 1. Applicants are considered to be uninsured if they do not have cre…

A. Covered Services. Recipients shall receive coverage of pregnancy-related health care services and associated medically necessary services for conditions that, if not treated, would complicate the pregnancy. Pregnancy-related health care services which may be covered include: 1…

A. In order to participate in the Medicaid Program as a “638” facility, the facility must provide health services and be operated by: 1. a federally recognized tribe that meets the definition as set forth in 25 U.S.C. §1603(d); or 2. a tribal organization as that term is defined …

A. Effective April 1, 2008, the Department implements phase five of LaCHIP as a stand-alone program under the provisions of title XXI of the Social Security Act to provide coverage to uninsured children with family income from 200 percent up to 250 percent of the federal poverty …

A. This LaCHIP stand-alone program provides health care coverage to uninsured children who meet the following criteria: 1. are under the age of 19; 2. have family income from 200 percent up to 250 percent of the federal poverty level 3. do not have creditable health insurance cov…

A. Children covered in phase five of the LaCHIP expansion shall receive health care benefits through an array of covered services offered by health plans participating in the Healthy Louisiana Program, and behavioral health services administered by the statewide management organi…

A. Phase five of LaCHIP is a cost-sharing program with premiums limited to no more than 5 percent of the family’s annual income. B. The following cost-sharing criteria shall apply. 1. Premiums. When family income is between 201 percent and 250 percent of the federal poverty level…

A. Services covered in the LaCHIP Affordable Plan Dental Program shall be reimbursed at the lower of either: 1. the dentist’s billed charges minus any third party coverage; or 2. the state’s established schedule of fees, which is developed in consultation with the Louisiana Denta…

A. A recipient qualifies as a member of the target population if he/she meets the definition of an Indian as set forth in 25 U.S.C. §1603 (c) or the definition of a statutorily eligible individual as set forth in 25 U.S.C. §1680c(a)(1) and (2).

A. The purpose of Regulation 134 is to exercise the authority and carry out the duties and responsibilities of the commissioner for implementation and regulation of the Insurance Regulatory Sandbox Program, hereinafter referred to as the “Regulatory Sandbox.” Regulation 134 sets …

A. Regulation 134 shall apply to all persons that apply to participate in the Regulatory Sandbox in Louisiana.

A. The applicant may request in writing or by electronic means a pre-application conference to discuss the nature of the offering. Requests must be made in writing or by electronic means to the commissioner through the Office of Policy, Innovation and Research. The commissioner h…

A. Strictly for the purposes of Regulation 134, the following terms are defined as follows: Applicant—the person or business entity applying for an innovation waiver. Commissioner—the Louisiana Commissioner of Insurance. Consumer—a person that purchases or otherwise enters into a…

A. The commissioner may grant an innovation waiver with respect to requirements imposed by any insurance law, regulation, directive or bulletin to enable a person to obtain limited access to the insurance market in this state to test an innovative insurance product or service wit…

A. Applicants requesting an innovation waiver shall do so in writing to the commissioner through the Office of Policy, Innovation and Research and include the following: 1. the legal name and trade name, if any, of the natural or juridical person applying for the innovation waive…

A. An insurance innovation waiver shall be issued by the commissioner in writing that limits the number of consumers in this state that may purchase or utilize the underlying insurance product or service to no more than 10 thousand consumers and specifies any terms, conditions, a…

A. The commissioner’s authority to grant an innovation waiver pursuant to the Regulatory Sandbox does not limit or otherwise affect his authority to exercise discretion to waive or enforce any provision of Title 22 or applicable administrative regulations.

A. If approved by the commissioner, an innovation waiver shall be granted for an initial period of up to three years. B. Prior to the end of the initial waiver period, the commissioner may grant or deny a one-time extension for up to an additional three years. C. Extension reques…

A. An expedited application process shall be available to an applicant who demonstrates to the commissioner’s satisfaction that the product or service proposed to be subject to an innovation waiver is substantially similar to one for which a waiver has previously been granted by …

A. On a quarterly basis, the participant shall submit a report to the commissioner with respect to the product or service for which the innovation waiver has been granted containing the following information: 1. the total number of policies written for the product or service; 2. …

A. The commissioner shall establish reporting requirements for each participant, including information about consumer complaints. A participant shall retain records, documents, and data produced in the course of business regarding an innovative insurance product or service subjec…

A. A person offering a product or service pursuant to an innovation waiver shall clearly and conspicuously disclose to consumers all of the following: 1. the name and contact information of the person providing the product or service; 2. that the product or service is authorized …

A. At least 30 days prior to granting an innovation waiver, the commissioner shall provide public notice of the draft waiver on the department’s website as outlined in R.S. 22:1430.2(I). In making a determination as to whether to grant or deny a waiver, the commissioner may give …

A. If a participant tests an innovative insurance product or service requiring ongoing duties after the termination date of a waiver, the participant shall continue to fulfill those duties or arrange for another person to fulfill those duties after the date the waiver terminates.…

A. The commissioner may deny or revoke an innovation waiver if the participant fails to comply with Regulation 134, or if the innovation waiver causes harm to consumers as determined by the commissioner. B. In addition to any other penalties permitted by law, the commissioner may…

A. Documents, materials, or other information in the possession of the department that are obtained by or disclosed to the commissioner or any other person in the course of an insurance innovation waiver shall be confidential by law and privileged, shall not be subject to release…

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

A. A “638” facility shall provide preventive, diagnostic, therapeutic, rehabilitative or palliative services that are furnished to outpatients by or under the direction of a: 1. physician; 2. dentist; 3. physician’s assistant; 4. psychologist or licensed counselor; 5. nurse pract…

A. Consultations with more than one facility health professional on the same day and at a single location constitute a single encounter. Services shall not be arbitrarily delayed or split in order to bill additional encounters. A maximum of one encounter per recipient per 24-hour…

A. Reimbursement shall be the encounter rate established by the U.S. Department of Health and Human Services, Indian Health Service for “638” facilities. B. Reimbursement for prescribed drugs is included in the encounter rate when the prescription is dispensed during the same tim…

A. For applications for state-certified productions received on or after July 1, 2017 and prior to July 1, 2023 at time of request for final certification, state certified productions shall be required to acknowledge the financial assistance of the state of Louisiana either throu…

A. The Oilfield Site Restoration Commission, created within the Department of Natural Resources, the secretary, and the assistant secretary for the office of conservation have been delegated certain authority for the administration of this Part by Act 404 of the 1993 Regular Sess…

A. The commission shall perform all duties and functions authorized or imposed upon it by the provisions of Act 404 of the 1993 Regular Session of the Louisiana Legislature. The commission shall further enter into a memorandum of understanding in which it assumes the responsibili…

A. The secretary shall perform all duties and functions authorized or imposed upon him by the provisions of Act 404 of the 1993 Regular Session of the Louisiana Legislature. The secretary shall further enter into a memorandum of understanding in which he assumes the responsibilit…

A. The assistant secretary shall perform all duties and functions authorized or imposed upon him by the provisions of Act 404 of the 1993 Regular Session of the Louisiana Legislature. The assistant secretary shall further enter into a memorandum of understanding in which he assum…

A. Concerning the establishment of allowable production of natural gas from wells in Louisiana classified by the Department of Conservation as gas wells producing from non-associated gas pools; prescribing the manner in which allowable gas maybe produced and providing a uniform m…

A. The volume of natural gas permitted to be produced from all wells in Louisiana classified by the Department of Conservation as gas wells producing from non-associated gas pools (hereinafter referred to as "allowable"), shall be established in the manner hereinafter set forth a…

A. In addition to the definitions listed below, and unless otherwise provided, the definitions in §101 of this Part shall apply to this Chapter. B. The terms defined in this Chapter have the meanings given to them in this Section, except where the context expressly indicates othe…

A. Producer or person in charge of animals shall ensure that a sufficient level of animal health and animal care and well-being is maintained for the livestock. 1. Livestock personnel shall have the proper level of knowledge, ability, and competency to maintain the health and car…

A. Body Condition Scoring (BCS) of Cattle 1.a. BCS⎯a standardized, objective method of evaluating the body condition of cattle regardless of breed, age, gender, or body type. b. Body Condition⎯a measure of fat cover and scores are indicative of energy reserves in the body. 2. Sev…

A. Housing 1. All facilities in which horses are maintained shall be kept free of excessive feces, urine, mud, or other waste products. 2. All facilities in which horses are maintained shall be constructed and maintained to minimize hazards that may cause injury to the horses con…