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providers and/or health care professionals who have filed a claim with respect to insureds a notice in the form of an Explanation of Benefits, Explanation of Payments, Remittance Advice, or similar communication.

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:

§4545.Applying Provisions outside of Affected Parishes

A.Nothing in Emergency Rule 25 shall preclude 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 voluntarily applying the provisions of Emergency Rule 25 relating to cancellation, nonrenewal and nonreinstatement to any other person who is an insured and who resides in any parish other than the parishes set forth in §4501.A.

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:

§4547.Enforcement

A.The commissioner retains the authority to enforce violations of Emergency Rule 25. Accordingly, any insurer, HMO, PPO, MCO, or other entity doing business in Louisiana and/or regulated by the commissioner who violates any provision of Emergency Rule 25 shall be subject to prosecution by the commissioner under any applicable provisions of the Louisiana Insurance Code, including the provisions of the R.S. 22:250.41, et seq., 22:1211, et seq., and specifically including, but not limited to, R.S. 22:1214(7), (12) and (14). Additionally, the penalty provisions set forth in R.S. 22:1217 shall be applicable. These provisions include penalties of $1,000 for each separate act, or $25,000 for each separate act if the violator knew or reasonably should have known he was in violation of Emergency Rule 25, as well as a cease and desist order and the imposition of other penalties and suspension or revocation of the license. Additionally, R.S. 22:1220, which, among other things, imposes the obligation of good faith and fair dealing shall also be subject to the sole enforcement authority of the commissioner. This law sets forth penalties and exemplary damages which shall be enforceable by the commissioner for any violation of Emergency Rule 25. Finally, the commissioner may impose any other applicable civil and criminal sanctions for violations of Emergency Rule 24.

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:

§4549.Authority

A.The commissioner reserves the right to amend, modify, alter or rescind all or any portion of Emergency Rule 25. Additionally, the commissioner reserves the right to extend Emergency Rule 25.

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:

§4551.Severability Clause

A.If any section or provision of Emergency Rule that is held invalid, such invalidity or determination shall not affect other sections or provisions, or the application of

Emergency Rule 25, to any persons or circumstances that can be given effect without the invalid sections or provisions and the application to any person or circumstance shall be severable.

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:

§4553.Effective Date

A.Emergency Rule 25 shall become effective at 12:01 a.m. on August 30, 2008 and shall continue in full force and effect until 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:

James J. Donelon

Commissioner

0810#004

DECLARATION OF EMERGENCY

Department of Natural Resources

Office of Conservation

Application to Drill (LAC 43:XIX.103)

Pursuant to the power delegated under the laws of the state of Louisiana, and particularly Title 30 of the Revised Statutes of 1950, as amended, and in conformity with the provisions of the Louisiana Administrative Procedure Act, Title 49, Sections 953(B)(1) and (2), 954(B)(2), as amended, the following Emergency Rule and reasons therefore are now adopted and promulgated by the Commissioner of Conservation as being necessary to protect the public health, safety and welfare of the people of the state of Louisiana, as well as the environment generally, by establishing rules for the notification of appropriate state and local authorities for wells drilled within 1,000 feet of Interstate highways in the State of Louisiana.

Since 1987, there have been 95 incidents during drilling or workover operations on oil and gas wells which resulted in the loss of well control (blowout). Of this number, 68 blowouts occurred in wells drilled since 1987. Blowouts, although infrequent, pose a serious threat to the environment, commerce and public safety. The frequency of oil and gas exploration and production activity occurring in close proximity to residential and commercial areas is becoming more prevalent and has the potential to exacerbate impacts caused by a blowout event.

Following the blowout of the A Wilberts Sons LLC 72 No. 1 well on November 15, 2007, Interstate Highway 10 was closed to traffic for an extended period resulting in inconvenience to the public, and reported detrimental impact to the public and commerce in the area. As a result, Governor Blanco, requested that the Commissioner of Conservation review all current regulations and make any changes necessary to reduce the likelihood of a similar incident.

In response to Governor Blanco’s request, a temporary moratorium on the drilling of wells within one quarter mile of any Interstate highway was enacted by the Commissioner of Conservation on December 1, 2007 to allow time for

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

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