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entity doing business in Louisiana or regulated by the ommissioner on an explanation of benefits as the amount for which the insured is liable shall not be considered discount billing or dual billing pursuant R.S. 22:250.41 et seq., and remains the obligation of the insured.

AUTHORITY NOTE:Promulgated in accordance with Executive Order BJ 2008-93.

HISTORICAL NOTE:Promulgated by the Department of Insurance, Office of the Commissioner, LR 34:

§4525.Payment of Medicare Supplement Premiums—R.S. 22:224(K)

A.The commissioner hereby suspends the requirements that the payment of Medicare supplement premiums can only be made pursuant to R.S. 22:224(K).

B.In furtherance of this suspension, any policies that contain restrictive language relative to modes of premium payment shall allow for the acceptance of other payment methods until October 1, 2008 including, but not limited to, credit card, debit card, FEMA voucher, federal assistance, state assistance, or any and all other related or similar payment methods.

AUTHORITY NOTE:Promulgated in accordance with Executive Order BJ 2008-93.

HISTORICAL NOTE:Promulgated by the Department of Insurance, Office of the Commissioner, LR 34:

§4527.Suspension of Cancellations

A.The commissioner hereby suspends any and all cancellations occasioned by the inability of an insured, or his representative, from complying with any policy provisions. In furtherance of this suspension, a cancellation or nonrenewal shall not occur prior to October 1, 2008, unless upon the documented written request or written concurrence of the insured.

AUTHORITY NOTE:Promulgated in accordance with Executive Order BJ 2008-93.

HISTORICAL NOTE:Promulgated by the Department of Insurance, Office of the Commissioner, LR 34:

§4529.Insured's Obligation to Provide Information and Cooperation

A.Emergency Rule 25 shall not relieve an insured who has a claim caused by Hurricane Gustav, or its aftermath, from compliance with the insured’s obligation to provide information and cooperate in the claim adjustment process relative to such claim.

AUTHORITY NOTE:Promulgated in accordance with Executive Order BJ 2008-93.

HISTORICAL NOTE:Promulgated by the Department of Insurance, Office of the Commissioner, LR 34:

§4531.Suspension of Interest, Penalty, or Other Charges

A.The commissioner hereby suspends the imposition of any additional interest, penalty or other charge and declares that no interest, penalty or other charge shall accrue or be assessed against any insured as the result of the suspensions ordered herein.

AUTHORITY NOTE:Promulgated in accordance with Executive Order BJ 2008-93.

HISTORICAL NOTE:Promulgated by the Department of Insurance, Office of the Commissioner, LR 34:

§4533.Option for Continuation of Coverage

A.The commissioner hereby suspends R.S. 22:215.13. In furtherance thereof, a health insurance issuer, HMO, PPO, MCO, or any or all other health insurance entity doing business in Louisiana or regulated by the commissioner who

has issued a group health insurance policy shall provide to all members or certificate holders under said group policy the option for the continuation of coverage, which said option shall begin on October 1, 2008, or any renewal thereof. §4533 is only applicable in those situations where the employer to whom the group policy had been issued remains in business and continues to offer said group health insurance to active employees at any time between August 30, 2008 and October 1, 2008.

AUTHORITY NOTE:Promulgated in accordance with Executive Order BJ 2008-93.

HISTORICAL NOTE:Promulgated by the Department of Insurance, Office of the Commissioner, LR 34:

§4535.Exemption from Compliance

A.Notwithstanding any other provision contained herein, the commissioner may exempt any insurer from compliance with Emergency Rule 25 upon the insurer filing with the commissioner a written "Petition for Exemption from Emergency Rule 25" which unequivocally demonstrates that compliance with Emergency Rule 25 will result in said insurer being subject to undue hardship, impairment or insolvency.

AUTHORITY NOTE:Promulgated in accordance with Executive Order BJ 2008-93.

HISTORICAL NOTE:Promulgated by the Department of Insurance, Office of the Commissioner, LR 34:

§4537.Applicability

A.The provisions of Emergency Rule 24 and Emergency Rule 25 shall not apply to any new policies of insurance for the types of health insurance enumerated in Emergency Rule 25 if said new health insurance policy was issued on or after 12:01 a.m. August 30, 2008.

AUTHORITY NOTE:Promulgated in accordance with Executive Order BJ 2008-93.

HISTORICAL NOTE:Promulgated by the Department of Insurance, Office of the Commissioner, LR 34:

§4539.Cancellation for Fraud or Material Misrepresentation

A.The provisions of Emergency Rule 25 shall not prevent health insurance issuers, HMOs, PPOs, MCOs, TPAs or any or all other health insurance entities doing business in Louisiana or regulated by the commissioner from cancelling or terminating an insured based solely on fraud or material misrepresentation on the part of the insured.

AUTHORITY NOTE:Promulgated in accordance with Executive Order BJ 2008-93.

HISTORICAL NOTE:Promulgated by the Department of Insurance, Office of the Commissioner, LR 34:

§4541.Intent and Purpose

A.The provisions of Emergency Rule 25 shall be liberally construed to effectuate the intent and purpose expressed herein and to afford maximum consumer protection for the insureds of Louisiana.

AUTHORITY NOTE:Promulgated in accordance with Executive Order BJ 2008-93.

HISTORICAL NOTE:Promulgated by the Department of Insurance, Office of the Commissioner, LR 34:

§4543.Notification

A.If the applicable premium for the policy of health insurance is paid at any time prior to the termination of Emergency Rule 25 or applicable grace period, whichever occurs later, the HMO, PPO, MCO, TPA or any or all other health insurance entity shall send to any and all health care

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

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