2006 Louisiana Laws - RS 22:228 — Cancellation prohibited after claim for terminal, incapacitating, or debilitating condition

§228.  Cancellation prohibited after claim for terminal, incapacitating, or debilitating condition

A.  No group, individual, family group, or blanket health insurer shall unilaterally cancel a policy after the insurer has received any covered claim or notice of any covered claim for a terminal, incapacitating, or debilitating condition if  the insured continues to meet all other eligibility criteria as provided under Part VI-C of this Chapter.

B.  In this Section "terminal, incapacitating, or debilitating condition" means any aggressive malignancy, chronic end stage cardiovascular or cerebral vascular disease, diabetes and its long-term associated complications, pregnancy, acquired immunodeficiency syndrome (AIDS), human immunodeficiency virus (HIV), or any other disease, illness, or condition which a physician diagnoses as terminal, or any mental or physical handicap which renders a person incapable of self-employment, provided that the handicapped person is chiefly dependent upon the policyholder, employee, or member for support and maintenance.

C.  This Section shall not be construed to prohibit the insurer from increasing the rate for the group, as provided in R.S. 22:228.1 through 228.6.

D.  This Section shall not be construed to prohibit an insurer from discontinuing health insurance coverage pursuant to R.S. 22:250.7 and 250.13.

Acts 1989, No. 269, §1; Acts 1991, No. 777, §1, eff. Sept. 30, 1991; Acts 1999, No. 127, §1, eff. June 9, 1999; Acts 2001, No. 272, §1, eff. Jan. 1, 2002.