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      RS 22:2161     



§2161. Louisiana Health Care Commission; creation

            A. There is hereby created the Louisiana Health Care Commission within the Department of Insurance. The commission shall be domiciled in Baton Rouge, and its members shall serve for terms of two years. The functions, duties, and responsibilities of the commission shall be to review and study the availability, affordability, and delivery of quality health care in the state. The commission shall specifically examine the rising costs of health care in the state, including but not limited to the cost of administrative duplication, the costs associated with excess capacity and duplication of medical services, and the costs of medical malpractice and liability and shall examine the adequacy of consumer protections, as well as the formation and implementation of insurance pools that better assure citizens the ability to obtain health insurance at affordable costs and encourage employers to obtain health care benefits for their employees by increased bargaining power and economies of scale for better coverage and benefit options at reduced costs. Further, the commission shall examine the implementation issues related to national health care reform initiatives. Of the members of the commission, three members shall be appointed from a list of nominees submitted by the governing boards of state colleges and universities and by a dean from the business schools represented by the Louisiana Association of Independent Colleges and Universities. One member of the Senate Committee on Insurance shall be appointed by the president of the Senate and one member of the House Committee on Insurance shall be appointed by the speaker of the House of Representatives to the commission to act as ex officio, nonvoting members. One member of the commission shall be appointed by the secretary of the Louisiana Department of Health. The commissioner of insurance shall appoint five at-large members to the commission. The remainder of the members shall be appointed by the commissioner of insurance from a list of nominees, one nominee to be submitted by each of the following:

            (1) The Louisiana Insurers' Conference.

            (2) Louisiana Association of Health Plans.

            (3) America's Health Insurance Plans.

            (4) A domestic mutual, nonprofit health service and indemnity company.

            (5) Louisiana State Medical Society.

            (6) Louisiana Association for Justice.

            (7) Health Agents for America.

            (8) Agenda for Children.

            (9) Independent Insurance Agents & Brokers of Louisiana.

            (10) AARP Louisiana.

            (11) The National Federation of Independent Businesses.

            (12) Repealed by Acts 2012, No. 271, §2.

            (13) Louisiana Independent Pharmacies Association.

            (14) AARP, the nominee of which shall be a volunteer representative.

            (15) Louisiana Association of Business and Industry.

            (16) Louisiana Health Plan.

            (17) NAIFA Louisiana.

            (18) League of Women Voters.

            (19) Louisiana Hospital Association.

            (20) Louisiana Primary Care Association.

            (21) Repealed by Acts 2014, No. 90, §2.

            (22) A domestic commercial health insurance issuer.

            (23) Chiropractic Association of Louisiana.

            (24) Louisiana AFL-CIO.

            (25) Louisiana Physical Therapy Association.

            (26) Louisiana State Nurses Association.

            (27) Louisiana Dental Association.

            (28) Louisiana Nursing Home Association.

            (29) Louisiana's Medicare Peer Review Organization as designated by the Health Care Financing Administration.

            (30) Louisiana Business Group on Health.

            (31) Louisiana Association of Health Underwriters.

            (32) Louisiana Psychological Association.

            (33) Optometry Association of Louisiana.

            (34) Repealed by Acts 2012, No. 271, §2.

            (35) National Medical Association.

            (36) National Association for the Advancement of Colored People.

            (37) Repealed by Acts 2012, No. 271, §2.

            (38) Louisiana Council on Human Relations.

            (39) National Dental Association.

            B. The commissioner of insurance, or his designee, shall serve ex officio on the commission and the commissioner shall appoint a chairman and vice chairman to serve terms of two years.

            C. Each appointment by the commissioner shall be confirmed by the Senate.

            D. The members of the commission shall serve without compensation.

            E. Vacancies in the offices of the members shall be filled in the same manner as the original appointments for the unexpired portion of the term of the office vacated.

            F. A quorum for the transaction of business by the commission shall be forty percent of the membership of the commission. All official actions of the commission shall require the affirmative vote of a majority of a quorum of the commission present and voting during meetings of the commission.

            G. The commission shall meet twice in any one calendar year and may meet on the call of the chairman or upon the request of any three members.

            H. The commission shall serve as an advisory body to the commissioner and shall submit to the commissioner its recommendations on all matters which it is charged to examine pursuant to Subsection A of this Section. The commission may conduct public hearings to receive testimony about the availability and affordability of health care in the state. The commission shall also be permitted to receive further information and testimony from regional and national experts on health care access issues.

            I. The commissioner shall submit a yearly report on health care and health insurance, which takes into consideration the recommendations, actions, and studies of the commission, to the legislature prior to each annual regular session.

            J. The commissioner may employ such persons, including experts, as necessary to carry out the provisions of this Part and may fix the compensation of technical, professional, and clerical employees as needed for the commission to complete its work. Any such employee shall be compensated from the budget of the commissioner. The commission shall employ a director and an assistant director, who shall be appointed by the commission subject to the approval of the commissioner of insurance. The director and assistant director shall be in the unclassified service. All employees of the commission shall be under the direction and supervision of the commissioner of insurance.

            Acts 1992, No. 1068, §1; Acts 1993, No. 665, §1; Acts 1995, No. 594, §1; Acts 1997, No. 869, §1; Acts 1999, No. 446, §1, eff. July 1, 1999; Acts 1999, No. 885, §3, eff. June 30, 1999; Acts 2001, No. 67, §1, eff. May 24, 2001; Acts 2004, No. 495, §§1, 2; Redesignated from R.S. 22:9 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2012, No. 271, §§1, 2; Acts 2014, No. 90, §§1, 2.

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