The 2019 Louisiana legislative regular session convened on Monday, April 8, 2019, and will adjourn no later than 6:00 pm on Thursday, June 6, 2019. The chart below outlines updates on the pending bills of interest regarding Louisiana workers’ compensation.
| Bill # | Author | Topic/Summary | Status |
| HB51 | Huval | AUTO LIABILITY – changes present law to allow for evidence of failure to wear seatbelt and reduction of damages by 25%; exceptions for person under 16 yoa, or intoxicated tortfeasor | 4/15 – reported favorably out of House Civil Law & Procedure |
| HB372 | Talbot | AUTO LIABILITY – “Omnibus Premium Reduction Act of 2019,” implementing multiple changes designed to reduce auto insurance premiums
|
4/15 – reported favorably out of House Civil Law & Procedure |
| HB132 | Crews
|
AUTO/MARITIME LIABILITY – expands requirement for post-accident drug screening to include accidents involving not only fatalities, but also “serious bodily injury” | Ref’d to House Transportation, etc. |
| HB169 | Hoffman | MEDICAL MARIJUANA – authorizes State Board of Medical Examiners to create and maintain a data collection system regarding health effects and outcomes of medical marijuana | Ref’d to House Health and Welfare |
| HB509 | Bagneris | RECREATIONAL MARIJUANA – legalizes/regulates adult consumption of marijuana (See also HB564, Jordan) | Ref’d to House Administration of Criminal Justice |
| HB445 | Amedee | LAWYER ADVERTISING – enacts R.S. 37:223-229, to provide regulation and limitation of attorney advertisements, particularly re ads for legal services concerning prescription medications or medical devices. | Ref’d to House Civil Law and Procedure |
| HB243 | Miller | OPIOIDS – allows first responders and requires coroners to report drug overdose deaths to the LA Department of Health | Ref’d to House Health & Welfare |
| HB250 | Davis | OPIOIDS – requires certain residential behavioral health treatment facilities to provide access to medication-assisted treatment for patients with opioid use disorder | Ref’d to House Health & Welfare |
| HB284 | Abraham | OPIOIDS – provides procedures for practitioners prescribing more than a 7-day supply of an opioid, and requires pharmacists to issue the full prescription unless the patient requests less | Ref’d to House Health & Welfare |
| HB257 | Moss | LIEN/PRIVILEGE – provides the assignee of a health care provider, hospital, or ambulance service the right to assert a privilege against the injures persons recovery, authorizes notice of the privilege by email | Ref’d to House Civil Law and Procedure |
| HB285 | Billiot | WORKERS’ COMPENSATION – provides for WC medical benefits for volunteer reserve police officers | Ref’d to House Labor |
| HB288 | Hollis | INSURANCE – enacts R.S. 22:2013.1, regarding WC large deductible policies, to allow a guaranty association to obtain reimbursement from collateral, in delinquency proceedings, etc. | Ref’d to House Insurance |
| HB358 | James | MEDICAL MARIJUANA – amends R.S. 40:1046 to remove requirement that physician prescribing medical marijuana be domiciled in LA, allows physician with “bona fide doctor-patient relationship” to prescribe medical marijuana to “any patient suffering from a debilitating medical condition.” | Ref’d to House Health & Welfare |
| HB362 | Lyons | WORKERS’ COMPENSATION – amends 12:1221(4)(p) to remove requirement that hearing loss be solely due to a single traumatic incident, for purposes of PPD benefits; amends R.S. 33:2581.1 to add indemnity benefits under 23:1221 for certain hearing loss claims, and to remove the “single traumatic accident” requirement for firefighters claiming hearing loss | Ref’d to House Labor |
| HB383 | Davis | EVIDENCE – allows for evidence of WC benefits payments to be presented to the jury in a claim for damages | Ref’d to House Civil Law & Procedure |
| HB571 | Seabaugh | WORKERS’ COMPENSATION – enacts R.S. 23:1203.1.2, to require that charges for surgical implants used to treat WC claimants shall be limited to the original manufacturer’s invoice plus 20%, and imposes a “prudent buyer” duty on the provider to purchase the implant at a reasonable cost | Ref’d to House Labor |
| SB103 | Smith | INSURANCE – amends R.S. 22:1924 to create the crime of unauthorized public adjusting | Ref’d to Senate Insurance |
| SB148 | Hewitt | AUTO LIABILITY – allows for evidence of failure to use safety belts as evidence of comparative negligence | Ref’d to Senate Judiciary A |
| SB41 | Mills | PHARMACY BENEFIT MANAGERS – establishes the “Pharmacy Benefit Manager Licensing Law,” to provide for substantive regulation of PBM’s, including acts and omissions deemed to be unfair and deceptive trade practices | Ref’d to Senate Health & Welfare |
| SB186 | Morrell | EMPLOYMENT – Creates the Louisiana Family and Medical Leave Benefit Act. | Ref’d to Senate Labor |
| SB160 | Boudreaux | OPIOIDS – provides for programs and professional training to fight opioid addiction | Ref’d to Senate Health & Welfare |
| SB88 | Luneau | WORKERS’ COMPENSATION – amends R.D. 23:1203.1(K) to provide for a thirty-day period to appeal decisions of the OWCA medical director | Ref’d to Senate Labor |
| SB107 | Gatti | WORKERS’ COMPENSATION – enacts various statutes, including R.S. 23:1036.1, to provide benefits to certain public employees for post-traumatic stress injuries, and creates a presumption of causation | Ref’d to Senate Labor |
| SB114 | Appel | EVIDENCE – allows evidence concerning payment of workers’ comp benefits to be presented to a jury in a damage claim for the same injury | Ref’d to Senate Judiciary A |
| SB139 | Gatti | EMPLOYMENT – enacts R.S. 23:295.1 through 295.12, to create the “Lousiana Health Workplace Law,” to prohibit “workplace bullying and harassment.” | Ref’d to Senate Labor |
| SB193 | Morrish | STRUCTURED SETTLEMENTS – enacts R.S. 9:2713 through 2713.9 as the “Louisiana Structured Settlement Act,” to regulate structured settlements, including the transfer/assignment thereof | Ref’d to Senate Judiciary A |
Allen & Gooch is providing this legal update for informational purposes only. This article should not be construed as legal advice or a legal opinion as to any specific facts or circumstances. You should consult your own attorney concerning your particular situation and any specific legal questions you may have.