Allen & Gooch News

2019 Louisiana Legislative Regular Session – Bill Tracking

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

  • Extends liberative prescription for tort actions from one to two years
  • Reduces jury trial threshold from $50,000 to $5,000
  • Precludes recovery of Medicaid/Medicare/WC write-offs as damages
  • Repeals direct action against insurer in R.S. 22:1269
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.