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 deletion of language that previously excluded health insurance issuers from being defined as such if they were preempted by ERISA. This change allows for a broader interpretation of what constitutes a health insurance issuer under Louisiana law. The amendments affect definitions and introductory paragraphs in multiple sections of the Louisiana Revised Statutes, ensuring consistency in how health insurance issuers are defined and treated within the context of employee benefit plans. The bill is set to take effect upon the governor's signature or after the expiration of the 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)