Contents april 2009 I. Executive order
Part V. Hospital Services
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- Title 37 INSURANCE Part XIII. Regulations Chapter 135. Regulation Number 93―Named Storm and Hurricane Deductibles
- §13505. Scope and Applicability
- §13509. Business Plan for Authorized Property and Casualty Insurers; Approved Unauthorized Insurers
- §13513. Notification to Insured of Premium Savings
- §13515 Multiple Deductibles
- Title 55 PUBLIC SAFETY Part V. Fire Protection Chapter 31. Fire Sprinkler Systems and/or Equipment and Fire Hose Rules
- §3103. Applicability of Rules
- §3107. Notices by the Fire Marshal
- §3109 Certificate, License Required
| Part V. Hospital Services
Subpart 1. Inpatient Hospitals Chapter 9. Non-Rural, Non-State Hospitals Subchapter B. Reimbursement Methodology §965. Hemophilia Blood Products A. - B.1. … 2. have provided clotting factors to a Medicaid recipient who has been diagnosed with hemophilia or other rare bleeding disorders for which the use of one or more clotting factors is FDA approved and has been hospitalized at the qualifying hospital for a period exceeding six days; and B.3. - C.1. … AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and Title XIX of the Social Security Act. HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 34:2176 (October 2008), amended by the Department of Health and Hospitals, Bureau of Health Services Financing, LR 35:674 (April 2009). Implementation of the provisions of this Rule may be contingent upon the approval of the U.S. Department of Health and Human Services, Center for Medicaid Services (CMS) if it is determined that submission to CMS for review and approval is required. Alan Levine Secretary 0904#080
Regulation 93—Named Storm and Hurricane Deductibles (LAC 37:XIII.Chapter 135) In accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., and through the authority granted under R.S. 22:1 et seq., and R.S. 22:1333(D) and 22:1265(F), the Commissioner of Insurance has adopted Regulation 93 to implement the provisions of Acts 2008, No. 854 of the Regular Session of the Louisiana Legislature, which allows insurers to make a filing to deviate from the requirements of R.S. 22:1333(C) and 22:1265(D) concerning deductibles for named storms and hurricanes. Title 37 INSURANCE Part XIII. Regulations Chapter 135. Regulation Number 93―Named Storm and Hurricane Deductibles §13501. Authority A. Regulation 93 is issued pursuant to the authority vested in the commissioner pursuant to the provisions of R.S. 49:953 et seq., of the Administrative Procedure Act; R.S. 22:11, R.S. 22:1333(D) and 22:1265(F). AUTHORITY NOTE: Promulgated in accordance with R.S. 22:11 to enforce the provisions of R.S. 22:1333(D) and 22:1265(F). HISTORICAL NOTE: Promulgated by the Department of Insurance, Office of the Commissioner, LR 35:675 (April 2009). §13503. Purpose A. The purpose of Regulation 93 is to implement the provisions of Acts 2008, No. 854 of the Regular Session of the Louisiana Legislature, which allows an insurer to make a filing to deviate from the requirements of R.S.22:1333(C) and 22:1265(D) concerning deductibles for named storms and hurricanes. AUTHORITY NOTE: Promulgated in accordance with R.S. 22:11 to enforce the provisions of R.S. 22:1333(D) and 22:1265(F). HISTORICAL NOTE: Promulgated by the Department of Insurance, Office of the Commissioner, LR 35:675 (April 2009). §13505. Scope and Applicability A. Regulation 93 applies to authorized property and casualty insurers required to submit rates and rating plans for residential property insurance to the Louisiana Department of Insurance. B. Regulation 93 applies to approved unauthorized insurers, i.e., surplus lines. C. Regulation 93 applies to modular homes. D. Regulation 93 does not apply to commercial properties or commercial residential properties with three or more units. AUTHORITY NOTE: Promulgated in accordance with R.S. 22:11 to enforce the provisions of R.S. 22:1333(D) and 22:1265(F). HISTORICAL NOTE: Promulgated by the Department of Insurance, Office of the Commissioner, LR 35:675 (April 2009).
A. As used in Regulation 93, these terms shall have the following meaning ascribed herein unless the context clearly indicates otherwise. Commissioner―the Commissioner of Insurance for the State of Louisiana. Department―Louisiana Department of Insurance. Deductible―a named storm or hurricane deductible as defined in a policy of homeowners’ insurance. Homeowners Insurance―a policy of insurance on a one- or two-family owner-occupied premises, which combines fire and allied lines with any one or more perils of casualty, liability, or other types of insurance within one policy form at a single premium, where the insurer's liability for damage to the premises under said policy is determined with reference to the replacement value of the premises, but does not include insurance policies written to cover manufactured homes or mobile homes. New Business―the issuance of a new policy of homeowners' insurance. Region―a designated and contiguous geographic area of the state identified by an insurer for the purpose of establishing regional deductibles pursuant to R.S. 22:1333(D) and R.S. 22:1265(F). Regional Deductible―a specified named storm deductible or hurricane deductible established by an insurer for a particular region. AUTHORITY NOTE: Promulgated in accordance with R.S. 22:11 to enforce the provisions of R.S. 22:1333(D) and 22:1265(F). HISTORICAL NOTE: Promulgated by the Department of Insurance, Office of the Commissioner, LR 35:675 (April 2009).
A. Any authorized property and casualty insurer that makes a filing pursuant to R.S. 22:1464 for authorization to deviate from the requirements of R.S.22:1333(C) and 22:1265(D) concerning deductibles for named storms and hurricanes shall file with the Commissioner a business plan setting forth the insurer's plan to write new business in the state of Louisiana. The business plan shall include, but not be limited to the following: 1. a written description of each proposed region for which mandated, minimum regional deductibles will vary; 2. a statewide graphic representation of each proposed region for which mandated, minimum regional deductibles will vary; 3. the proposed mandated minimum regional deductible for each proposed region; 4. for each region where the proposed regional deductible differs from the existing deductible, the insurer shall indicate in the business plan the methods by which it intends to write new business; 5. for each region where the proposed regional deductible is the same as the existing deductible, the insurer shall make a statement to that effect; 6. for the most recent quarter available, the number of policies in force and premium in force (at current rate level) in each proposed region, categorized by the current deductible on the policy; 7. for the most recent quarter available and categorized by the current deductible on the policy, the number of policies in force in each proposed region expected to be rolled to the proposed mandated minimum regional deductible; 8. for the most recent quarter available and categorized by the current deductible on the policy, the premium in force (at current rate level) adjusted to reflect the proposed mandated minimum regional deductible; 9. for the most recent quarter available and categorized by the current deductible on the policy, the difference between the current and the expected premium, represented in both premium dollars and percentage change from the policy premiums before policies are rolled to the proposed mandated minimum regional deductibles; and 10. for each proposed mandated minimum regional deductible, the premium credit associated with selected regional deductible. B. Any approved unauthorized insurer (i.e. surplus lines) seeking authorization to deviate from the requirements of R.S.22:1333(C) and 22:1265(D) concerning deductibles for named storms and hurricanes shall file with the Commissioner a business plan setting forth the insurer's plan to write new business in the state of Louisiana. The business plan shall include, but not be limited to the following: 1. a written description of each proposed region for which mandated, minimum regional deductibles will vary; 2. a statewide graphic representation of each proposed region for which mandated, minimum regional deductibles will vary; 3. the proposed mandated minimum regional deductible for each proposed region; 4. for each region where the proposed regional deductible differs from the existing deductible, the insurer shall indicate in the business plan the methods by which it intends to write new business; 5. for each region where the proposed regional deductible is the same as the existing deductible, the insurer shall make a statement to that effect; 6. for the most recent quarter available and categorized by the current deductible on the policy, the number of policies in force in each proposed region expected to be rolled to the proposed mandated minimum regional deductible. C. The business plan submitted by an insurer may include documentation or information setting forth why writing new business in a particular region may not be in the best interest of the insurer’s policyholders. Factors to be considered in determining whether writing new business is not in the best interest of the insurer's policyholders may include but not be limited to the following: 1. the insurer's total market share based on the insurer's total written premium in the particular region or area; 2. the insurer's total market share based on the insurer's total written premium in the state; 3. the insurer's probable maximum loss (PML) based on the amount of risk the insurer has written in the state; 4. the insurer's total homeowners insurance policies in force in the particular region or area; 5. the insurer's total homeowners insurance policies in force in the state; 6. whether the rate filing and deductible are needed to ensure the insurer's ability to meet its ongoing obligations to its policyholders; 7. whether the rate filing and deductible are needed to ensure the insurer has adequate loss reserves; 8. whether the rate filing and deductible are needed to ensure the insurer's ability to remain competitive in the market; 9. whether the rate filing and deductible are needed to ensure the insurer's ability to adequately manage its business and the risk it has assumed; and 10. any other factors that the Commissioner determines are applicable, relevant, and appropriate. D. Any business plan, documentation or information filed pursuant to subsections A, B, or C of this Section shall be considered proprietary or trade secret pursuant to the provisions of R.S. 44:3.2 and the Uniform Trade Secrets Act. AUTHORITY NOTE: Promulgated in accordance with R.S. 22:11 to enforce the provisions of R.S. 22:1333(D) and 22:1265(F). HISTORICAL NOTE: Promulgated by the Department of Insurance, Office of the Commissioner, LR 35:675 (April 2009).
A. The Commissioner may subsequently rescind his approval of any filing made pursuant to this Subsection if the insurer fails to write new business in accordance with the business plan filed with and approved by the Commissioner pursuant to R.S. 22:1333(D) and 22:1265(F). B. If a filing made pursuant to R.S. 22:1333(D) and 22:1265(F) has been approved and in effect for at least 180 days, any rescission by the Commissioner shall set forth the date when such rescission shall be effective. AUTHORITY NOTE: Promulgated in accordance with R.S. 22:11 to enforce the provisions of R.S. 22:1333(D) and 22:1265(F). HISTORICAL NOTE: Promulgated by the Department of Insurance, Office of the Commissioner, LR 35:676 (April 2009).
A. Any insurer receiving approval to deviate from the requirements of R.S. 22:1333(C) and 22:1265(D) concerning deductibles for named storms and hurricanes as a result of a filing made pursuant to Regulation 93 and R.S. 22:1333(D) and 22:1265(F) shall itemize and notify the insured of the premium savings associated with the new deductible by indicating the dollar amount of the premium savings on the renewal notice or as a separate insert with the renewal notice. AUTHORITY NOTE: Promulgated in accordance with R.S. 22:11 to enforce the provisions of R.S. 22:1333(D) and 22:1265(F). HISTORICAL NOTE: Promulgated by the Department of Insurance, Office of the Commissioner, LR 35:676 (April 2009). §13515 Multiple Deductibles A. Any homeowners policy of insurance that contains any provision that would apply more than one deductible to a loss resulting from any single incident covered by the policy shall be null and void and unenforceable as contrary to public policy. AUTHORITY NOTE: Promulgated in accordance with R.S. 22:11 to enforce the provisions of R.S. 22:1333(D) and 22:1265(F). HISTORICAL NOTE: Promulgated by the Department of Insurance, Office of the Commissioner, LR 35:676 (April 2009). §13517. Severability A. If any Section or provision of Regulation 93 or the application to any person or circumstance is held invalid, such invalidity or determination shall not affect other Sections or provisions or the application of Regulation 93 to any persons or circumstances that can be given effect without the invalid Section or provision or application, and for these purposes the Sections and provisions of Regulation 93 and the application to any persons or circumstances are severable. AUTHORITY NOTE: Promulgated in accordance with R.S. 22:11 to enforce the provisions of R.S. 22:1333(D) and 22:1265(F). HISTORICAL NOTE: Promulgated by the Department of Insurance, Office of the Commissioner, LR 35:676 (April 2009).
A. Regulation 93 shall become effective upon final publication in the Louisiana Register. AUTHORITY NOTE: Promulgated in accordance with R.S. 22:11 to enforce the provisions of R.S. 22:1333(D) and 22:1265(F). HISTORICAL NOTE: Promulgated by the Department of Insurance, Office of the Commissioner, LR 35:677 (April 2009). James J. Donelon Commissioner 0904#068
Fire Sprinkler Systems and/or Equipment and/or Fire Hoses (LAC 55:V.Chapter 31) In accordance with the provisions of R.S.49:950 et seq., and R.S.40:1484.3, relative to the authority of the State Fire Marshal to promulgate and enforce rules, relative to the regulation of Fire Sprinkler Systems and/or Equipment and/or Fire Hoses, the Office of the State Fire Marshal hereby adopts the following Rule.
A. The purpose of these rules is to regulate the activity of certifying, hydrostatic testing, inspecting, installing, maintaining, planning or servicing of commercial fire sprinkler equipment and/or systems in the interest of protecting and preserving lives and property pursuant to authority of R.S. 40:1664.1 et seq. AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1664.2 et seq. HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Office of State Fire Marshal, LR 35:677 (April 2009). §3103. Applicability of Rules A. These rules shall apply to all firms and persons engaged in the activity of certifying, hydrostatic testing, inspecting, installing, maintaining, planning or servicing of commercial fire sprinkler systems/equipment. AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1664.2 et seq. HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Office of State Fire Marshal, LR 35:677 (April 2009). §3105. Exceptions A. These rules shall not apply to firms and/or persons engaging in the activity of certifying, hydrostatic testing, inspecting, installing, integrating, or servicing fire sprinkler systems/equipment in one or two family dwellings. AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1664.2 et seq. HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Office of State Fire Marshal, LR 35:677 (April 2009). §3107. Notices by the Fire Marshal A. Any notice required to be given by the State Fire Marshal by any provision of R.S. 40:1664.1 et seq., or these rules must be given by personal or domiciliary service or mailed, postage prepaid, to the person's residence or firm address or agent of service as it appears on the records in the Office of State Fire Marshal. It is the responsibility of the person or firm involved to assure that the Office of the State Fire Marshal has a correct address for the person or firm. AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1664.2 et seq. HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Office of State Fire Marshal, LR 35:677 (April 2009). §3109 Certificate, License Required A. Each firm engaged in the activity of certifying, hydrostatic testing, inspecting, installing, maintaining, planning or servicing of commercial fire sprinkler systems/equipment shall apply for a certificate of registration in the endorsements of certification desired in accordance with these rules prior to conducting any such activity in this state. B. Each person or employee engaged in the activity of certifying, hydrostatic testing, or inspecting of commercial fire sprinkler systems/equipment shall apply for a license in the endorsements of licensure desired in accordance with these rules prior to conducting any such activity in this state. C. Any firm and/or person described in Subsection A or B of this Section, which has not applied for and received a current and valid certificate of registration or license, shall immediately cease such activities. The Office of State Fire Marshal shall take all steps necessary to enforce an order to cease and desist. AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1664.2 et seq. HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Office of State Fire Marshal, LR 35:677 (April 2009). §3111. Definitions A. The following words and terms, when used in these rules, shall have the following meanings, unless the context clearly indicates otherwise. Activity―the act of certifying, hydrostatic testing, inspecting, installing, maintaining, planning or servicing of commercial fire sprinkler equipment and/or systems and/or fire hoses pursuant to R.S.40:1664.1 et seq. Certificate of Registration―that document issued by the State Fire Marshal to a firm authorizing it to engage in such activities as defined in these rules. Certify―to attest to the proper functionality, or hydrostatic testing, or inspection, or installation, or maintenance, or service, or testing of fire sprinkler systems/equipment in accordance with manufacturer's specifications and per the inspection, testing and maintenance chapters as set forth in the applicable NFPA codes and standards. Contact Person―that individual designated by a firm to act as liaison with the Office of the State Fire Marshal. Fire Hose―a flexible conduit used to convey water. Fire Sprinkler Systems/Equipment―a commercial fire sprinkler system consisting of underground and above ground piping and valves designed to suppress fire by means of water discharge through system piping and sprinkler heads. Fire sprinkler equipment includes but is not limited to standpipes, fire pumps, and hose stations in commercial occupancies. Fire sprinkler systems/equipment is governed by the provisions of NFPA 11, 11A, 13, 13D, 13R, 14, 15, 16, 20, 22, 24, 25, 1961 and 1962. Firm―a sole proprietorship, partnership, corporation, limited liability company or any other entity. For the purpose of these rules the term firm shall also mean fire sprinkler contractor as used in R.S.40:1664.1 et seq. Foreman―an employee designated by a sprinkler firm, who certifies an installation, or service work, or completes the acceptance test, or identifies impairments of fire sprinkler equipment and/or system. Hydrostatic Testing―pressure testing fire sprinkler equipment and/or systems or fire hoses by approved hydrostatic methods and in accordance with NFPA codes. Inspection―the act of visually checking the physical condition and placement of fire sprinkler equipment and/or systems or fire hoses and/or certifying the same for functional performance in accordance with all applicable engineered specifications, manufacturer's specifications and per the inspection, testing and maintenance chapters as set forth in the applicable NFPA codes and standards. Inspector―an individual licensed pursuant to R.S. 40:1664.1 et seq., and these rules that certifies, inspects or performs hydrostatically testing of fire sprinkler equipment and/or systems or fire hoses. Installation―the initial placement of a fire sprinkler system or an extension, or alteration after initial placement. License―that document issued by the State Fire Marshal to an employee of a certified firm authorizing the employee to be a qualifier or inspector as defined by these rules. Maintenance―repair service, including periodically recurrent inspections and tests, required to keep fire protection equipment/systems and fire sprinkler systems and their components in an operable condition at all times, together with replacement of the equipment/system or of its components, when for any reason they become undependable or inoperable. Nationally Recognized Testing Laboratory―a nationally recognized testing company concerned with product and service evaluation, which, after conducting successful examinations, inspections, tests and reexaminations, reflects approval by various labeling, listing and classification actions. NFPA―the National Fire Protection Association, Inc., a nationally recognized standards-making organization. Non-Conforming―a system or component of a system which does not comply with applicable NFPA codes or standards. Non-Required―a system or component of a system which is not required by the applicable occupancy chapter of NFPA 101 (Life Safety Code). Office―Office of State Fire Marshal. Operating Location―a physical office from which the acts authorized by the certificate of registration are performed. Person―a natural individual, including any owner, manager, officer, or employee of any firm. Planning―the laying out a fire sprinkler system by a qualifier for installation in a commercial occupancy for protecting the occupants and structure from fire. Pocket License―that document issued by the State Fire Marshal to an employee of a certified firm, in pocket size and bearing a photographic image of the licensee, authorizing the employee to engage in the activities as defined by these rules. Principal―Principal means a person or entity that owns at least five percent of a life safety and property protection contracting firm regardless of the form of organization. Principal includes a person or entity entitled to exercise the prerogatives or indicia of ownership or control of a life safety and property protection contracting firm whether by direct action, assignment, or any other kind of substitution or subrogation, to the extent that such person or entity would be entitled to receive at least 5 percent of the remaining assets of the life safety and property protection contracting firm upon dissolution. Principal includes, if the entity is a partnership, each partner, including any general or limited partner. Principal includes, if the entity is organized as a corporation, any person or entity who owns or controls five percent or more of the total aggregate number of shares of all types of stock issued by a life safety and property protection contracting firm organized as a corporation or shares of a corporation that owns or controls a life safety and property protection contracting firm. Principal includes any member if the entity is organized as a limited liability company. Qualifying Person―the employee of a firm who plans fire sprinkler systems. Required―a system or component of a system which is required by the applicable occupancy chapter of NFPA 101 (Life Safety Code). Residential Fire Sprinkler System―a fire sprinkler system consisting of underground and above ground piping and valves designed to suppress fire by means of water discharge through system piping and sprinkler heads within a one or two family dwelling. Service―the act of repair or replacement of fire sprinkler systems or their components to ensure the proper functioning of the equipment/system. Sprinkler Firm Employee―one who works for a firm for which a certificate is issued as required by R.S.40:1664.1 et seq., in return for financial or other compensation. For the purposes of these rules, only qualifiers, inspectors and foremen are considered employees. Also where the term employee is used in the body of these rules, it refers to sprinkler firm employee. AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1664.1 et seq. HISTORICAL NOTE: Promulgated by Department of Public Safety and Corrections, Office of State Fire Marshal, LR 35:677 (April 2009).
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