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§309.Disbursement of Account Funds for Payment of Qualified Higher Education Expenses of a Beneficiary

A. - A.6.

7. Disbursements from investment options with variable earnings shall be assigned a trade date of one business day after the business day of receipt of the transfer request.

B. - G.

AUTHORITY NOTE:Promulgated in accordance with R.S. 17:3091-3099.2.

HISTORICAL NOTE:Promulgated by the Tuition Trust Authority, Office of Student Financial Assistance, LR 23:716 (June 1997), amended LR 24:1272 (July 1998), LR 24:2238 (December 1998), LR 26:2265 (October 2000), LR 27:1881 (November 2001), LR 30:789 (April 2004), LR 30:1169 (June 2004), LR 32:1433 (August 2006), LR 33:444 (March 2007), LR 34:

§311.Termination and Refund of an Education Savings Account

A. - C.4.

5.Refunds from investment options with variable earnings shall be assigned a trade date one business day after the business day of receipt.

D. - H.

AUTHORITY NOTE:Promulgated in accordance with R.S. 17:3091-3099.2.

HISTORICAL NOTE:Promulgated by the Tuition Trust Authority, Office of Student Financial Assistance, LR 23:717 (June 1997), amended LR 24:1273 (July 1998), repromulgated LR 26:2265 (October 2000), amended LR 27:38 (January 2001), LR 27:1882 (November 2001), LR 28:779 (April 2002), LR 30:790 (April 2004), LR 31:639 (March 2005), LR 32:1434 (August 2006), LR 32:2240 (December 2006), LR 33:444 (March 2007), LR 34:

George Badge Eldredge

General Counsel

0810#022

DECLARATION OF EMERGENCY

Office of the Governor

Patient's Compensation Fund Oversight Board

Qualified Health Care Provider Services (LAC 37:III.115, 117, and 119)

Upon finding that imminent peril to the public health, safety or welfare required adoption of an Emergency Rule, the Patient's Compensation Fund Oversight Board (Oversight Board), under authority of the Louisiana Medical Malpractice Act, R.S. 40:1299.41 et seq., and in accordance with the Administrative Procedure Act, R.S. 49:950 et seq., adopted this Emergency Rule 3 at its meeting held on October 3, 2008.

On August 27, 2008, Governor Bobby Jindal issued Proclamation No. 51 BJ 2008 and declared the existence of a State of Emergency within the State of Louisiana caused by Hurricane Gustav. This State of Emergency extended from Wednesday, August 27, 2008 through Friday, September 26, 2008.

On September 7, 2008, Governor Bobby Jindal issued Proclamation No. 52 BJ 2008 and declared the existence of a State of Emergency within the State of Louisiana caused by Hurricane Ike. This State of Emergency extended from Saturday, September 6, 2008 through Sunday, October 5, 2008.

On September 9, 2008, Governor Bobby Jindal issued Proclamation No. 55 BJ 2008 and extended the previously declared existence of a State of Emergency within the State of Louisiana caused by Hurricane Gustav. This extension of the State of Emergency extends through Friday, October 10, 2008.

On August 30, 2008, Governor Bobby Jindal issued an Executive Order (unnumbered) and declared a State of Public Health Emergency within the state of Louisiana. This State of Emergency extended from August 30, 2008 through September 29, 2008.

On September 10, 2008, Louisiana Insurance Commissioner James J. Donelon acknowledged the foregoing and issued Emergency Rule 24 suspending certain statutes and regulations regarding cancellations, non-renewals, reinstatements, premium payments, claim filings and related provisions regarding any and all insurance matters affecting insureds in Louisiana caused by Hurricane Gustav.

Several million of Louisiana citizens, including many qualified health care providers (QHCPs) enrolled in the Patient’s Compensation Fund (Fund or PCF), have suffered damages due to Hurricane Gustav. The health care practices of many QHCPs and the homes of many patients were destroyed or were without power precluding the operation of practices, habitation and the delivery of mail. It is believed that this disruption has affected for some time, the ability of these QHCPs to timely pay their annual renewal PCF surcharges in full and, as such, may seriously affect the provision of health care services by QHCPs to patients in Louisiana. Hurricane Gustav has created a mass disruption to the normalcy previously enjoyed by QHCPs and patients and produced an immediate threat to the public health, safety, and welfare of Louisiana citizens, both patients and QHCPs alike.

Accordingly, Emergency Rule 3 was adopted by the Oversight Board and shall only apply to certain QHCPs as set forth in this Emergency Rule.

In the ordinary course of business and pursuant to LAC 37:III §517, an insured QHCP is allowed a "grace" period of 30 days in which to pay the annual renewal PCF surcharge in full to the insurer to extend the PCF coverage for another year. Pursuant to this same provision, a self-insured QHCP is required to pay the annual renewal PCF surcharge in full to the PCF prior to the expiration of the prior year’s PCF coverage. Hurricane Gustav and its aftermath have produced a disruption in the ability of many QHCPs in these affected areas to timely pay the annual renewal PCF surcharge in full to maintain their enrollment in the Fund. This could result in a QHCP being without PCF coverage or having a gap in PCF coverage. Emergency Rule 3 was adopted to provide emergency relief to the aforementioned QHCPs.

Title 37

INSURANCE

Part III.  Patient's Compensation Fund Oversight Board

Chapter 1.General Provisions

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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