2011 Regular Session . May 20, 2011
Revised agenda for House Civil Law Monday, May 23
Connick's HB 120 (class action) and HB 389 (re: BP oil spill) PULLED from the agenda
House Civil Law & Procedure has an updated agenda. The committee will meet at 1 p.m., Monday, May 23. Two bills by Rep. Patrick Connick have been removed from an earlier published agenda.
PULLED FROM THE AGENDA
HB 120 Civil/Procedure: Provides for the suspension of liberative prescription in class action suits
HB 389 Liability: Provides for certain releases related to the BP oil spill
Senate Judiciary A Tuesday, May 24
SB 149 (balance billing) and SB 61 (immunity for health-care providers)
Senate Judiciary A will meet at 9 a.m., Tuesday, May 24. View an agenda. SB 149 and SB 61 were deferred earlier this week when the committee ran out of time after a lengthy hearing on other matters.
SB 149 by Sen. Dan "Blade" Morrish would legalize balance billing for ambulance companies, hospitals, and health care providers. Also, it would allow health care providers to refuse to accept a patient's health insurance in a liability accident and allow them to use 9:4752 lien statute to collect the full amount from the judgment/settlement. Thus, it steals the patient/insured's right to use their health insurance and prevents them from receiving the full benefit of the reduced contracted reimbursement rate.
SB 61 by Sen. Fred Mills Jr. provides for a constitutional amendment to allow limited liability for medical and health care providers "in all cases" and for "all damages and losses." All provisions of this bill would be retroactive. If passed, this measure would be on the October ballot as a proposed constitutional amendment.
HB 275, allows electronic transmission of insurance policies and documents, amended to include UM
HB 275 by Rep. Wesley T. Bishop allows insurance policies and related documents to be transmitted electronically. This bill is expected to be heard by the full Senate this coming week. Amendments include provisions for uninsured motorist policies and related documents.
Section 2. R.S. 22:1295(1)(a)(v) is hereby enacted to read as follows:
§ 1295. Uninsured Motorist Coverage
At the option of the insurer and the named insured, the prescribed form for the rejection, selection of lower limits, or selection of economic-only coverage may be provided by the insurer and signed by the named insured or his legal representative in accordance with the Louisiana Uniform Electronic Transactions Act, R.S. 9:2601 et seq.
Here are the votes — House Natural Resources, HB 563 (clean up of oil & gas contaminated sites)
After four hours of testimony Wednesday, HB 563 by Rep. Page Cortez was involuntarily deferred by a vote of 10-7 in House Natural Resources Committee.
Voting to defer this so-called "legacy lawsuit" bill were Reps. Karen Gaudet St. Germain, Bobby Badon, Robert Billiot, Jerry Gisclair, John Guinn, Joe Harrison, Reed Henderson, Eddie Lambert, Samuel Little and Jack Montoucet.
Voting not to defer were Reps. Gordon Dove, Henry Burns, Simone Champagne, Franklin Foil, Sam Jones, James Morris and Patrick Williams.
The bill was brought by major oil and gas operators, LABI and others. Among several changes, the bill would have stripped primary jurisdiction from local courts in handling claims related to cleaning up contaminated oilfield sites and instead placed authority with the Department of Natural Resources. The bill would have allowed for the approval of clean-up plans before discovery and before legal claims could be pursued. The defeat of HB 563 is a major victory for landowners; however, oil and gas industry spokesmen say this issue is not finished.
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The session must adjourn on or before 6 p.m., Thursday, June 23, 2011.