reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1643. Payment to administrator

RS 22:1643 - Payment to administrator
If an insurer utilizes the services of an administrator, the payment to the administrator of any premiums or charges for insurance by or on behalf of the insured party shall be deemed to have been received by the insurer, and the payment of return premiums or claim payments forwarded by the insurer to the administrator shall not be deemed to have been paid to the insured party or claimant until such payments are received by the insured party or claimant. Nothing in this Section limits any right of the insurer against the administrator resulting from the failure of the administrator to make payments to the insurer, insured parties, or claimants.
Acts 1993, No. 144, §1; Redesignated from R.S. 22:3033 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1644. Maintenance of information

RS 22:1644 - Maintenance of information
A. Every administrator shall maintain and make available to the insurer complete books and records of all transactions performed on behalf of the insurer. The books and records shall be maintained in accordance with prudent standards of insurance recordkeeping and must be maintained for a period of not less than five years from the date of their creation.
B. The commissioner shall have access to books and records maintained by an administrator for the purposes of examination, audit, and inspection. Any trade secrets contained in such books and records, including the identity and addresses of policyholders and certificate holders, shall be kept confidential, except that the commissioner may use such information in any proceeding instituted against the administrator.
C. If the agreement between the insurer and the administrator provides that the insurer owns the records generated by the administrator pertaining to the insurer, the administrator shall retain the right of continuing access to those books and records to permit the administrator to fulfill all of its contractual obligations to insured parties, claimants, and the insurer.
D. In the event the insurer and the administrator cancel their agreement, notwithstanding the provisions in this Part, the administrator may transfer all records to the insurer or a succeeding administrator selected by the insurer and licensed in the state, rather than retain them for five years. In the event of a cancellation under this Subsection, the succeeding administrator or the insurer shall acknowledge and agree, in writing, that the administrator or insurer shall be responsible for retaining the records of the prior administrator as required in this Part.
Acts 1993, No. 144, §1; Redesignated from R.S. 22:3034 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2011, No. 94, §1, eff. Jan. 1, 2012.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1645. Insurer; underwriting; advertisement

RS 22:1645 - Insurer; underwriting; advertisement
An administrator may use only such advertising pertaining to the business underwritten by an insurer that has been approved in writing by the insurer in advance of its use.
Acts 1993, No. 144, §1; Redesignated from R.S. 22:3035 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1646. Duties of the insurer

RS 22:1646 - Duties of the insurer
A. If an insurer utilizes the services of an administrator, the insurer shall be responsible for determining the benefits, premium rates, underwriting criteria, and claims payment procedures applicable to such coverage and for securing reinsurance, if any. The rules pertaining to these matters must be provided, in writing, by the insurer to the administrator. The responsibilities of the administrator as to any of these matters shall be set forth in the written agreement between the administrator and the insurer.
B. It shall be the sole responsibility of the insurer to provide for competent administration of its programs.
C. In cases where an administrator administers benefits for more than one hundred certificate holders on behalf of an insurer, the insurer may, at least semiannually, conduct a review of the operations of the administrator. At least one such review may be an on-site audit of the operations of the administrator.
Acts 1993, No. 144, §1; Redesignated from R.S. 22:3036 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1647. Premium collection and payment of claims

RS 22:1647 - Premium collection and payment of claims
A. All insurance charges or premiums or plan contributions collected by an administrator on behalf of or for an insurer or insurers, and the return of premiums received from that insurer or insurers, shall be held by the administrator in a fiduciary capacity. Such funds shall be immediately remitted to the person or persons entitled to them or shall be deposited promptly in a fiduciary account established and maintained by the administrator in a federally or state insured financial institution. Funds held in a fiduciary account or a claims paying account shall not be used for payment of any business operating expenses of the administrator. The written agreement between the administrator and the insurer shall provide for the administrator to periodically render an accounting to the insurer detailing all transactions performed by the administrator pertaining to the business underwritten by the insurer.
B. If charges or premiums deposited in a fiduciary account have been collected on behalf of or for one or more insurers, the administrator shall keep records clearly recording the deposits in and withdrawals from the account on behalf of each insurer. The administrator shall keep copies of all the records and, upon request of an insurer, shall furnish the insurer with copies of the records pertaining to such deposits and withdrawals.
C. The administrator shall not pay any claim by withdrawals from a fiduciary account in which premiums or charges are deposited. Any withdrawal from such account shall be made as provided in the written agreement between the administrator and the insurer. The written agreement shall address but not be limited to the following:
(1) Remittance to an insurer entitled to remittance.
(2) Deposit in an account maintained in the name of the insurer.
(3) Transfer to and deposit in a claims-paying account, with claims to be paid in full compliance with Subsection D of this Section.
(4) Payment to a group policyholder for remittance to the insurer entitled to such remittance.
(5) Payment to the administrator of its commissions, fees, or charges.
(6) Remittance of return premium to the person or persons entitled to such return premium.
D. All claims paid by the administrator from funds collected on behalf of or for an insurer shall only be paid on drafts or checks of and as authorized by the insurer.
Acts 1993, No. 144, §1; Redesignated from R.S. 22:3037 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1648. Administrator; compensation

RS 22:1648 - Administrator; compensation
A. An administrator shall not enter into any agreement or understanding with an insurer in which the effect is to make the amount of the administrator's commissions, fees, or charges contingent upon savings effected in the adjustment, settlement, and payment of losses covered by the insurer's obligations. This provision shall not prohibit an administrator from receiving performance-based compensation for providing hospital or other auditing services.
B. This Section shall not prevent the compensation of an administrator from being based on premiums or charges collected or the number of claims paid or processed.
Acts 1993, No. 144, §1; Redesignated from R.S. 22:3038 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1649. Notice to covered individuals; disclosure of charges and fees

RS 22:1649 - Notice to covered individuals; disclosure of charges and fees
A. When the services of an administrator are utilized, the administrator shall provide a written notice approved by the insurer to covered individuals advising them of the identity of, and relationship among, the administrator, the policyholder, and the insurer.
B. When an administrator collects funds, the reason for collection of each item must be identified to the insured party and each item must be shown separately from any premium. The insured or participant of the plan shall not be charged for the same services by both the insurer and the administrator.
C. The administrator shall disclose to the insurer all charges, fees, and commissions received from all services in connection with the provision of administrative services for the insurer, including any fees or commissions paid by insurers providing reinsurance.
Acts 1993, No. 144, §1; Redesignated from R.S. 22:3039 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1650. Coverage; notice to individuals

RS 22:1650 - Coverage; notice to individuals
Any policies, certificates, booklets, termination notices, or other written communications delivered by the insurer to the administrator for delivery to insured parties or covered individuals shall be delivered by the administrator promptly, after receipt of instructions from the insurer to deliver them.
Acts 1993, No. 144, §1; Redesignated from R.S. 22:3040 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1652. Waiver of application for certification

RS 22:1652 - Waiver of application for certification
Upon request from an administrator, the commissioner may waive the application requirements in this Part if the administrator has a valid license as an administrator issued in a state which has standards for administrators that are at least as stringent as those contained in the model statute for third-party administrators of the National Association of Insurance Commissioners.
Acts 1993, No. 144, §1; Redesignated from R.S. 22:3042 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2011, No. 94, §1, eff. Jan. 1, 2012.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1653. Annual report; filing fee

RS 22:1653 - Annual report; filing fee
A. Each administrator shall file an annual report for the preceding calendar year with the commissioner on or before March first of each year, or within such extension of time therefor as the commissioner may grant for good cause. The report shall be in the form and contain all information as the commissioner requires.
B. The annual report shall include the complete names and addresses of all insurers with which the administrator had an agreement during the preceding fiscal year.
C. At the time of filing its annual report, the administrator shall pay a filing fee in the amount set forth in R.S. 22:821.
Acts 1993, No. 144, §1; Redesignated from R.S. 22:3043 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2022, No. 320, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1655. Rules and regulations

RS 22:1655 - Rules and regulations
The commissioner may adopt those rules and regulations as are necessary to implement this Chapter.
Acts 1993, No. 144, §1; Redesignated from R.S. 22:3045 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1656. Confidentiality; documents, information

RS 22:1656 - Confidentiality; documents, information
The terms and conditions of any contract between an administrator and an insurer, except for the identity of the contracting parties, and such other proprietary information as specifically identified by the administrator shall be given confidential treatment, shall not be subject to subpoena, and shall not be made public by the commissioner, the National Association of Insurance Commissioners (NAIC), or any other person, except to the insurance departments of other states or in any adjudicatory hearing or court proceeding invoked by the commissioner in accordance with the provisions of this Chapter.
Acts 1993, No. 144, §1; Redesignated from R.S. 22:3046 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2009, No. 99, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1657. Pharmacy benefit managers

RS 22:1657 - Pharmacy benefit managers
A. A pharmacy benefit manager shall be deemed to be a third-party administrator for purposes of this Part. As such, all provisions of this Part shall apply to pharmacy benefit managers; however, notwithstanding the provisions of R.S. 22:1651(F), every pharmacy benefit manager shall be required to be licensed by the commissioner of insurance.
B.(1) No pharmacy benefit manager or other entity that administers prescription drug benefits in Louisiana shall prohibit, by contract, a pharmacy or pharmacist from informing a patient of all relevant options when acquiring their prescription medication, including but not limited to the cost and clinical efficacy of a more affordable alternative if one is available and the ability to pay cash if a cash payment for the same drug is less than an insurance copayment or deductible payment amount.
(2) On or after August 1, 2018, any contract provision prohibiting the communication provided for in this Subsection shall be severable from the contract and considered void and not enforceable in Louisiana.
C. The commissioner of insurance shall provide a dedicated location on the department's website for pharmacy benefit manager information and links.
D. For each of a pharmacy benefit manager's contractual or other relationships with a health benefit plan or health insurance issuer, the pharmacy benefit manager shall provide the department with the health benefit plan's formulary and provide timely notification of formulary changes and product exclusions. The information provided pursuant to this Subsection shall be made available in a centralized location on the department's website in a format that allows for consumer access, including links to pharmacy benefit manager websites.
Acts 2008, No. 386, §1, eff. Jan. 1, 2009; Acts 2011, No. 94, §1, eff. Jan. 1, 2012; Acts 2018, No. 317, §1; Acts 2018, No. 371, §1, eff. Jan. 1, 2020.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1660.1. Short title; definitions

RS 22:1660.1 - Short title; definitions
A. This Part may be cited as the "Louisiana Pharmacy Services Administrative Organization Licensing Act".
B. As used in this Part, the following definitions apply:
(1) "Pharmacy services administrative organization" means an entity that provides a contracted pharmacy with administrative, contracting, or payment services relating to prescription drug benefits.
(2) "Pharmacy services administrative organization contract" means a contractual agreement between a pharmacy services administrative organization and a pharmacy under which a pharmacy services administrative organization agrees to negotiate with pharmacy benefit managers or third-party payers on behalf of one or more pharmacies.
Acts 2021, No. 192, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1660.3. Annual report; filing fee

RS 22:1660.3 - Annual report; filing fee
A. Each pharmacy services administrative organization shall file an annual report for the preceding calendar year with the commissioner on or before March first of each year, or within such extension of time as the commissioner may grant for good cause. The report shall be in the form and contain all information as the commissioner requires and shall be verified by at least two officers of the pharmacy services administrative organization.
B. The annual report shall include the number of pharmacists or pharmacies with which the pharmacy services administrative organization has an agreement with in the state.
C. At the time of filing its annual report, the pharmacy services administrative organization shall pay a filing fee in the amount set forth in R.S. 22:821.
Acts 2021, No. 192, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1660.4. Grounds for denial, suspension, or revocation of license

RS 22:1660.4 - Grounds for denial, suspension, or revocation of license
A. The commissioner shall suspend or revoke the license of a pharmacy services administrative organization, deny the application for a license, or, in lieu thereof, impose a fine for each separate violation not to exceed five hundred dollars per violation if the pharmacy services administrative organization has failed to pay any judgment rendered against it in this state within sixty days after the judgment has become final.
B. The commissioner may suspend or revoke the license of a pharmacy services administrative organization, deny the application for a license, or, in lieu thereof, impose a fine not to exceed five hundred dollars per violation if the commissioner finds that any of the following apply to a pharmacy services administrative organization:
(1) Has violated any lawful rule or order of the commissioner or any provision of the insurance laws of this state that is within the sole authority of the pharmacy services administrative organization.
(2) Has refused to be examined or to produce its accounts, records, and files for examination or if any of its officers have refused to give information with respect to its affairs or has refused to perform any other legal obligations as to such examination, when required by the commissioner.
(3) Is affiliated with or under the same general management or interlocking directorate or ownership as another pharmacy services administrative organization which unlawfully transacts business in this state without having a license.
(4) At any time fails to meet any qualification for which issuance of the license could have been refused had such failure then existed and been known to the commissioner.
(5) Has been convicted of, or has entered a plea of guilty or nolo contendere to, a felony without regard to whether adjudication was withheld.
(6) Is under suspension or revocation in another state.
(7) Has provided incorrect, misleading, incomplete, or materially false information or omitted material information in the license application.
C. The commissioner may, in his discretion and without advance notice or hearing, immediately suspend the license of any pharmacy services administrative organization if the commissioner finds that either of the following circumstances exists:
(1) A proceeding for receivership, conservatorship, rehabilitation, or other delinquency proceeding regarding the pharmacy services administrative organization has been commenced in any state.
(2) The financial condition or business practices of the pharmacy services administrative organization otherwise pose an imminent threat to the public health, safety, or welfare of the residents of this state.
Acts 2021, No. 192, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1660.5. Maintenance of information; exceptions

RS 22:1660.5 - Maintenance of information; exceptions
The commissioner may access the books and records maintained by a pharmacy services administrative organization for the purposes of examination, audit, and inspection. The commissioner shall keep any trade secrets contained in such books and records confidential; however, the commissioner may use such information in any proceeding instituted against the pharmacy services administrative organization.
Acts 2021, No. 192, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1660.6. Examination authority

RS 22:1660.6 - Examination authority
The commissioner may cause an examination, as prescribed by the provisions of Chapter 8 of this Title, of any pharmacy services administrative organization when in the opinion of the commissioner it is necessary for such an examination to be made.
Acts 2021, No. 192, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1660.7. Confidentiality; documents and information; exceptions

RS 22:1660.7 - Confidentiality; documents and information; exceptions
Information provided to the commissioner by a pharmacy services administrative organization pursuant to R.S. 22:1660.2(B) and 1660.3, as well as the terms and conditions of any contract between a pharmacy services administrative organization and a pharmacy benefit manager, a pharmacist, or a pharmacy except for the identity of the contracting parties, and such other proprietary information as specifically identified by the pharmacy services administrative organization shall be given confidential treatment, shall not be subject to subpoena, and shall not be made public by the commissioner, the National Association of Insurance Commissioners, or any other person, except to the insurance departments of other states or in any adjudicatory hearing or court proceeding invoked by the commissioner in accordance with the provisions of this Part.
Acts 2021, No. 192, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1660.9. Duties and responsibilities; nonimposition of liability; rulemaking authority

RS 22:1660.9 - Duties and responsibilities; nonimposition of liability; rulemaking authority
A. A pharmacy services administrative organization that contracts with a pharmacy to perform any activity related to prescription drug benefits or to act as the pharmacy's agent is obligated to that pharmacy for the duties of care, competence, good faith and fair dealing, and loyalty.
B. A pharmacy services administrative organization is not responsible for any of the activities that are solely within the purview of a pharmacy benefits manager.
C. The commissioner of insurance shall promulgate rules that define the roles and responsibilities solely within the purview of both of the following:
(1) Pharmacy benefits managers.
(2) Pharmacy services administrative organizations.
D. A pharmacy services administrative organization shall notify the contracted pharmacy in writing of any activity, policy, or practice that presents a conflict of interest that interferes with the duties imposed by this Section.
E. A pharmacy services administrative organization shall not engage in any acts, methods, or practices prohibited by Part IV of Chapter 7 of this Title.
Acts 2021, No. 192, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1661. Definitions

RS 22:1661 - Definitions
As used in this Part, unless the context requires otherwise, the following definitions shall be applicable:
(1) "Adjuster" means an individual who investigates or adjusts losses on behalf of an insurer as an independent contractor or as an employee of:
(a) An adjustment bureau;
(b) An association;
(c) A property and casualty producer;
(d) An independent contractor;
(e) An insurer; or
(f) A managing general agent.
(2) "Business entity" means a corporation, association, partnership, limited liability company, limited liability partnership or other legal entity.
(3) "Fingerprints" means an impression of the lines on the finger taken for purpose of identification. The impression may be electronic or in ink converted to electronic format.
(4) "Home state" means the District of Columbia and any state or territory of the United States in which the adjuster's principal place of residence or principal place of business is located. If neither the state in which the adjuster maintains the principal place of residence nor the state in which the adjuster maintains the principal place of business has a substantially similar law governing adjusters, the adjuster may declare another state in which he becomes licensed and acts as an adjuster to be the "home state".
(5) "Individual" means a natural person.
(6) "Insurer" means any type of insurer, whether authorized or unauthorized, conducting business in this state.
(7) "Person" means an individual or a business entity.
(8) "Uniform individual application" means the current version of the National Association of Insurance Commissioners (NAIC) Uniform Individual Application for resident and nonresident individuals.
(9) "Uniform business entity application" means the current version of the National Association of Insurance Commissioners (NAIC) Uniform Business Entity Application for resident and nonresident business entities.
Acts 2006, No. 783, §1, eff. Jan. 1, 2007; Redesignated from R.S. 22:1210.71 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2015, No. 193, §1.
NOTE: Former R.S. 22:1661 redesignated as R.S. 22:839 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1663. License required

RS 22:1663 - License required
A. A person shall not act or hold himself out as a claims adjuster in this state unless the person is licensed as a claims adjuster in accordance with this Part.
B. A business entity acting as a claims adjuster is required to obtain a claims adjuster license. Application shall be made using the uniform business entity application. Before approving the application, the commissioner of insurance shall find that:
(1) The business entity has paid the fees set forth in R.S. 22:821.
(2) The business entity has designated a licensed adjuster responsible for the business entity's compliance with the insurance laws, rules, and regulations of this state.
Acts 2006, No. 783, §1, eff. Jan. 1, 2007; Redesignated from R.S. 22:1210.73 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
NOTE: Former R.S. 22:1663 redesignated as R.S. 22:841 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1665. Resident license

RS 22:1665 - Resident license
A. Before issuing a claims adjuster license to an applicant pursuant to this Section, the commissioner of insurance shall find that the applicant:
(1) Is eligible to designate this state as his home state or is a nonresident who is not eligible for a license pursuant to R.S. 22:1670.
(2) Has not committed any act that is a ground for denial, suspension, or revocation of a license as set forth in R.S. 22:1672.
(3) Has paid the fees set forth in R.S. 22:821.
(4) Maintains an office in the home state of residence with public access by reasonable appointment or regular business hours.
(5) When applicable, has the written consent of the commissioner of insurance pursuant to 18 U.S.C. 1033, or any successor statute regulating crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce.
B. In addition to satisfying the requirements of Subsection A, an individual shall:
(1) Be at least eighteen years of age.
(2) Have successfully passed the adjuster examination unless exempted pursuant to R.S. 22:1669.
C. In addition to satisfying the requirements of Subsection A, a business entity shall:
(1) Designate a licensed individual claims adjuster responsible for the business entity's compliance with the insurance laws, rules, and regulations of this state; and
(2) Designate only licensed individual claims adjusters to exercise the business entity's license.
D. A nonresident who is not eligible for a license pursuant to R.S. 22:1670 may designate Louisiana as his home state. Such person is required to successfully pass the adjuster examination and comply with the other provisions of this Section applicable to residents of this state.
E. No resident of Canada may be licensed pursuant to R.S. 22:1663, or may designate Louisiana as his home state, unless such person has successfully passed the adjuster examination and has complied with the other applicable provisions of this Section, except that such applicant shall not be required to comply with Paragraph (A)(4) of this Section.
F. The commissioner of insurance may require any documents reasonably necessary to verify the information contained in the application.
Acts 2006, No. 783, §1, eff. Jan. 1, 2007; Redesignated from R.S. 22:1210.75 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2010, No. 1007, §1; Acts 2011, No. 94, §1, eff. Jan. 1, 2012; Acts 2016, No. 174, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1666. Limited claims adjuster license

RS 22:1666 - Limited claims adjuster license
A. If considered necessary by the commissioner of insurance, the department may issue a limited claims adjuster license to an applicant in the manner otherwise provided for the issuance of a license under this Part.
B. The claims adjuster license shall specifically limit the kinds of insurance that may be handled by the person.
C. The claims adjuster shall not adjust insurance claims other than those for which the adjuster is specifically licensed.
Acts 2006, No. 783, §1, eff. Jan. 1, 2007; Redesignated from R.S. 22:1210.76 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1667. Catastrophe or emergency claims adjuster registration

RS 22:1667 - Catastrophe or emergency claims adjuster registration
A.(1) Notwithstanding any other provision of law to the contrary, in the event of a catastrophe or an emergency, no adjuster's license shall be required for an individual who is employed or retained by an insurer and brought into this state for the purpose of investigating or making adjustment of losses resulting from the catastrophe or emergency. However, the commissioner shall establish procedures to register such individuals.
(2) The commissioner shall prepare and make available to individuals registered pursuant to this Section a handbook for adjusting in this state that includes information relevant to evaluating property damage arising out of an emergency or disaster. The handbook shall be similar or equivalent to one hour of continuing education for licensees.
(3) An adjuster registered pursuant to this Section shall certify that he has read and understands the most recent edition of the handbook provided for in Paragraph (2) of this Subsection on a form promulgated by the commissioner within ten days of registration. An insurer employing or retaining an adjuster registered pursuant to this Section shall maintain in its records the certifications provided for in this Paragraph for all such adjusters and shall make the certifications available to the commissioner upon request for such.
B. The commissioner may, without notice and hearing, revoke the privileges of an individual registered pursuant to this Section on grounds specified by R.S. 22:1672(A), and thereafter it shall be unlawful for the person to adjust any losses, claims, or damages in this state.
C. A catastrophe or emergency claims adjuster registration shall be effective for a period not to exceed one hundred eighty days. The commissioner may extend the term for an additional period of ninety days.
D. The fee for the catastrophe or emergency registration shall be as set forth in R.S. 22:821 and shall be payable to the commissioner within ten days of the submission of the registration.
E. The registration requirements of this Section shall not apply to a producer of an insurer or a licensed employee of a producer that adjusts undisputed claims or losses under specific authority from the insurer and solely under policies issued by the insurer.
Acts 2006, No. 783, §1, eff. Jan. 1, 2007; Redesignated from R.S. 22:1210.77 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2018, No. 16, §1; Acts 2022, No. 575, §1, eff. Jan 1, 2023.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1668. Claims adjuster license examination

RS 22:1668 - Claims adjuster license examination
A. An individual applying for a claims adjuster license under this Part shall pass a written examination unless exempt pursuant to R.S. 22:1669, 1670, or 1671. The examination shall test the knowledge of the individual concerning the duties and responsibilities of a claims adjuster and the insurance laws and regulations of this state. Examinations required by this Section shall be developed and conducted under rules and regulations prescribed by the commissioner of insurance.
B. The commissioner of insurance may make arrangements, including contracting with one or more outside testing services for administering examinations and collecting the examination fees. The commissioner of insurance may require that the applicant pay the cost of the examination directly to the testing firm.
C. An individual who fails to appear for the examination as scheduled or fails to pass the examination may reapply for an examination and shall remit all required fees and forms before being rescheduled for another examination.
Acts 2006, No. 783, §1, eff. Jan. 1, 2007; Redesignated from R.S. 22:1210.78 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1669. Exemptions from examination

RS 22:1669 - Exemptions from examination
A. An individual licensed as a resident claims adjuster in another state based on a claims adjuster examination who moves to this state shall make application within ninety days of establishing legal residence to become a resident claims adjuster licensee pursuant to R.S. 22:1665. No examination shall be required of that person to obtain a claims adjuster license. This exemption is available only if the person is currently licensed in the other state, or if the application is received within ninety days of the cancellation of the applicant's previous claims adjuster license and if the prior state issues a certification that, at the time of cancellation, the applicant was in good standing in that state, or the state's producer database records or records maintained by the National Association of Insurance Commissioners (NAIC), its affiliates, or subsidiaries, indicate that the adjuster is or was licensed in good standing.
B. An individual who applies for a resident claims adjuster license in this state who was previously licensed as a claims adjuster in this state shall not be required to complete an examination. This exemption is available only if the application is received within twenty-four months of the cancellation of the applicant's previous claims adjuster license in this state and if, at the time of cancellation, the applicant was in good standing in this state, and had passed the examination required by R.S. 22:1668.
C. The commissioner may waive the workers' compensation examination requirement for an individual who has three years of verifiable experience adjusting workers' compensation claims within the preceding five years, provided the application is received on or before August 1, 2017.
Acts 2006, No. 783, §1, eff. Jan. 1, 2007; Redesignated from R.S. 22:1210.79 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2010, No. 1007, §2; Acts 2011, No. 94, §1, eff. Jan. 1, 2012; Acts 2016, No. 174, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1673. Continuing education

RS 22:1673 - Continuing education
A. An individual who holds an adjuster license and who is not exempt under Subsection B of this Section shall satisfactorily complete a minimum of twenty-four hours of continuing education courses, including ethics, reported on a biennial basis in conjunction with the license renewal cycle.
B. This Section shall not apply to either of the following:
(1) An individual renewing an adjuster license for the first time after initial issuance.
(2) Licensees holding nonresident adjuster licenses who have met the continuing education requirements of their home states and whose home states give credit to residents of this state on the same basis.
C. Only continuing education courses approved by the commissioner shall satisfy the continuing education requirement of Subsection A of this Section.
Acts 2006, No. 783, §1, eff. Jan. 1, 2007; Redesignated from R.S. 22:1210.83 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2011, No. 94, §1, eff. Jan. 1, 2012; Acts 2018, No. 17, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1675. Payments to adjusters limited; reciprocal fee; disposition of funds

RS 22:1675 - Payments to adjusters limited; reciprocal fee; disposition of funds
A. No insurer shall pay to any insurance adjuster or adjusters or to any person engaged in the adjustment of losses any fee or compensation in excess of a regular fixed salary or stipend, nor shall such insurer contract to pay to any insurance adjuster or any person engaged in the business of adjusting losses, any portion of the amount saved to said insurer through the efforts of said adjuster or person engaged in adjusting losses, in addition to or in lieu of any such salary or stipend.
B.(1) An adjuster licensed by another jurisdiction other than this state, which jurisdiction imposes a tax, fee, license, bond, or deposit greater than that imposed by this state, shall pay a license fee equal to that of his state or country of licensure to the commissioner of insurance in order to perform his duties and responsibilities of adjusting a loss which occurred in this state.
(2) All funds collected by the commissioner of insurance shall be paid into the state treasury in the same manner as other funds collected by him.
(3) This Subsection shall not apply to adjusters permanently employed by any insurance company authorized to do business in this state.
Acts 1983, No. 474, §1; Redesignated from R.S. 22:1453 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1676. Referral by insurer

RS 22:1676 - Referral by insurer
A. An insurer may not knowingly refer a claim or loss for adjustment to a person purporting to be or acting as an adjuster in this state unless the person holds a license under this Part.
B. Before referring a claim or loss for adjustment, an insurer must ascertain from the commissioner of insurance whether the person performing the adjustment holds a license under this Part. Once the insurer has ascertained that the person holds a license, the insurer may refer the claim or loss to the person and may continue to refer claims or losses to the person until the insurer has knowledge or receives information from the commissioner of insurance that the person no longer holds a license.
Acts 2006, No. 783, §1, eff. Jan. 1, 2007; Redesignated from R.S. 22:1210.85 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1677. Reporting of actions

RS 22:1677 - Reporting of actions
A. The adjuster shall report to the commissioner of insurance any administrative action taken against the adjuster in any jurisdiction or by another governmental agency within thirty days of the final disposition of the matter. This report shall include a copy of the order, consent order, or other relevant legal documents.
B. Within thirty days of a conviction, the adjuster shall report to the commissioner of insurance any criminal prosecution of the adjuster taken in any jurisdiction for violation of insurance laws or regulations, any felony, or any misdemeanor involving misappropriation of funds. The report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents.
Acts 2006, No. 783, §1, eff. Jan. 1, 2007; Redesignated from R.S. 22:1210.86 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1678. Regulations

RS 22:1678 - Regulations
The commissioner of insurance may adopt reasonable rules and regulations as are necessary or proper to carry out the purposes of this Part.
Acts 2006, No. 783, §1, eff. Jan. 1, 2007; Redesignated from R.S. 22:1210.87 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1679. Claims adjuster database

RS 22:1679 - Claims adjuster database
A. The department shall create and maintain a database of all claims adjusters licensed in this state pursuant to R.S. 22:1671 and all claims adjusters working in this state following a catastrophe pursuant to R.S. 22:1667.
B. The database required pursuant to this Section shall include a profile for each claims adjuster registered in the database that includes the following information:
(1) The full name of the claims adjuster.
(2) The claims adjuster's license number.
(3) The license status of the claims adjuster, relative to this state.
(4) The date the claims adjuster was licensed or registered in this state.
(5) The number of years the claims adjuster has adjusted property claims.
(6) The number of property claims the claims adjuster has adjusted over the past five years.
(7) The information set forth in R.S. 22:43(B) for any complaints filed against the claims adjuster.
(8) Any administrative action taken against the claims adjuster.
C. The department shall prominently display a search tool on the department's website that members of the public can use to find a claims adjuster's profile within the database. The search tool shall have options to allow an individual to search for a claims adjuster's profile by first name, last name, or license number.
D. The commissioner shall promulgate rules and regulations necessary for the implementation and enforcement of this Section.
Acts 2022, No. 389, §1, eff. Jan. 1, 2023.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1691. Purpose

RS 22:1691 - Purpose
This Part governs the qualifications and procedures for the licensing of public adjusters. It specifies the duties of and restrictions on public adjusters, which include limiting their licensure to assisting insureds in first-party claims in a manner which avoids the unauthorized practice of law as defined in R.S. 37:212 and 213.
Acts 2006, No. 806, §1; Redesignated from R.S. 22:1210.91 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1692. Definitions

RS 22:1692 - Definitions
As used in this Part, unless the context requires otherwise, the following definitions shall be applicable:
(1) "Business entity" means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity.
(2) "Fingerprints" means an impression of the lines on the finger taken for purpose of identification. The impression may be electronic or in ink converted to electronic format.
(3) "First-party claim" means a claim made by an insured or a policyholder under an insurance policy or contract that arises out of the occurrence of the contingency or loss covered by the policy or contract.
(4) "Home state" means the District of Columbia or any state or territory of the United States in which the public adjuster's principal place of residence or principal place of business is located. If neither the state in which the public adjuster maintains the principal place of residence nor the state in which the public adjuster maintains the principal place of business has a substantially similar law governing public adjusters, the public adjuster may declare another state in which he becomes licensed and acts as a public adjuster to be the "home state".
(5) "Individual" means a natural person.
(6) "Person" means an individual or a business entity.
(7) "Public adjuster" means any person who, for any compensation, direct or indirect, engages in public adjusting.
(8) "Public adjusting" means either of the following:
(a) Investigating, appraising, or evaluating and reporting to an insured in relation to a first-party claim for which coverage is provided by an insurance contract that insures the property of the insured. Public adjusting does not include acting in any manner in relation to claims for damages to or arising out of the operation of a motor vehicle. Public adjusting does not include any activities which may constitute the unauthorized practice of law. Nothing in this Part shall be considered as permitting the unauthorized practice of law.
(b) Advertising for employment as a public adjuster of insurance claims or soliciting business or representing himself to the public as a public adjuster of first-party insurance claims for losses or damages arising out of policies of insurance that insure real or personal property.
(9) "Uniform individual application" means the current version of the National Association of Insurance Commissioners (NAIC) uniform application for individual insurance license for resident and nonresident individuals.
(10) "Uniform business entity application" means the current version of the NAIC uniform application for business entity license for resident and nonresident business entities.
Acts 2006, No. 806, §1; Redesignated from R.S. 22:1210.92 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1693. License required; crime of unauthorized public adjusting

RS 22:1693 - License required; crime of unauthorized public adjusting
A. A person shall not act or hold himself out as a public adjuster in this state unless the person is licensed as a public adjuster in accordance with this Part.
B. A person licensed as a public adjuster shall not misrepresent to a claimant that he is an adjuster representing an insurer in any capacity, including acting as an employee of the insurer or acting as an independent adjuster.
C. Only persons licensed under this Part shall directly or indirectly solicit business, investigate or adjust losses for another person engaged in the business of adjusting losses or damages covered by an insurance policy, for the insured.
D. A business entity acting as a public adjuster is required to obtain a public adjuster license. Application shall be made using the uniform business entity application. Before approving the application, the commissioner of insurance shall find that:
(1) The business entity has paid the fees set forth in R.S. 22:821.
(2) The business entity has designated a licensed public adjuster responsible for the business entity's compliance with the insurance laws, rules, and regulations of this state.
E. Notwithstanding Subsections A through D of this Section, a license as a public adjuster shall not be required of any of the following:
(1) An attorney at law admitted to practice and in good standing in this state.
(2) A person employed only for the purpose of obtaining facts surrounding a loss or furnishing technical assistance to a licensed public adjuster, or licensed attorney, including photographers, estimators, private investigators, engineers, and handwriting experts.
F.(1) Any natural person who violates any provision of Subsection A or C of this Section shall be guilty of the crime of the unauthorized practice of public adjusting and shall be subjected to a term of imprisonment at hard labor for not more than two years or fined not more than one thousand dollars, or both.
(2) Any natural person who participates or assists any business entity in violating any provision of Subsection D of this Section shall be guilty of the crime of unauthorized practice of public adjusting and shall be subjected to a term of imprisonment at hard labor for not more than two years or fined not more than one thousand dollars, or both.
G. Any business entity that violates any provision of Subsection D of this Section shall be guilty of the crime of unauthorized practice of public adjusting for a business entity and shall be fined not more than five thousand dollars for each violation.
Acts 2006, No. 806, §1; Redesignated from R.S. 22:1210.93 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2011, No. 94, §1, eff. Jan. 1, 2012; Acts 2019, No. 83, §1, eff. July 1, 2019.