Senate Bill No. 110, introduced by Senator Jackson-Andrews, amends various sections of the Louisiana Insurance Code to clarify the applicability of state law to employee benefit plans that may be preempted by the Employee Retirement Income Security Act of 1974 (ERISA). The bill enacts a new section, R.S. 22:470, which specifies that the provisions of the Louisiana Insurance Code apply to employee benefit plans only to the extent that they are not preempted by ERISA. Additionally, it establishes that if any part of the Louisiana Insurance Code is declared preempted by ERISA through a court decision or by the insurance commissioner, the validity of the remaining provisions will not be affected.

The bill also makes several technical changes, including the removal of language that previously excluded health insurance issuers from being classified as such if they were preempted by ERISA. This change is reflected in the definitions of "health insurance issuer" across multiple sections of the Louisiana Insurance Code, ensuring that these entities are included regardless of ERISA preemption. The bill is set to take effect upon the governor's signature or after the lapse of time for gubernatorial action.

Statutes affected:
SB110 Original: 22:1044(A), 22:1044(A)(4), 22:1(6), 22:1061(2), 22:1221(3), 22:1831(14), 22:1852(7)