Louisiana 2026 Regular Session Status: Passed House 12 R cosponsors

HB 1089 — CIVIL/DAMAGES: Creates CARE Accounts for certain damages arising from delictual actions

Last action — Read second time by title and referred to the Committee on Judiciary A.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the House. Introduced March 31, 2026. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the Senate.

Odds of enactment

Moderate chance

Based on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 58% · moderate confidence

  • Passed House

    Current position in the legislative process.

  • 12 sponsors

    1 primary, 11 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (12 R).

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

98 added · 79 removed

Plain-language change summary

The bill HB 1089 was updated to clarify the definition of a "payor" and the types of medical expenses that can be covered under CARE Accounts. Notably, the previous version allowed a broader range of qualifying medical expenses, while the revised version narrows it down to expenses specifically related to a judgment's subject injury. This distinction is significant as it ensures funds from a CARE Account are used more precisely for the plaintiff's medical needs, potentially preventing misuse of the awarded funds.

→
Previous
Latest
HLS 26RS-50 ENGROSSED Regular Session HOUSE BILL NO.
HLS 26RS-50 REENGROSSED Regular Session HOUSE BILL NO.
1089 BY REPRESENTATIVES BAMBURG, BERAULT, BOYER, CARLSON, CARVER, CHENEVERT,DICKERSON,DOMANGUE,HEBERT,CHANCEHENRY,AND WYBLE CIVIL/DAMAGES:
1089 BY REPRESENTATIVES BAMBURG, BERAULT, BOYER, CARLSON, CARVER, CHENEVERT, DICKERSON, DOMANGUE, EGAN, HEBERT, CHANCE HENRY, AND WYBLE CIVIL/DAMAGES:
6:1431 through 1433, relative to CARE Accounts;
6:1431 through 1434, relative to CARE Accounts;
6:1431 through 1433, is hereby enacted to read as follows:
6:1431 through 1434, is hereby enacted to read as follows:
(1) "CARE Account" or "Compensation Allocated for Reimbursable Expenses Account" means a moneymarket account for which the court has ordered thedepositoffundsfromaspecialdamagesawardallocatedforthepurposeoffuture medical payments in a delictual action.
(1) "CARE Account" or "Compensation Allocated for Reimbursable Expenses Account" means a moneymarket account for which the court has ordered thedepositoffundsfromaspecialdamagesawardallocatedforthepurposeoffuture medical payments in a delictual action, except as provided for in R.S.
Page 1 of 4 CODING:
6:1434.
Page 1 of 5 CODING:
HLS 26RS-50 ENGROSSED HB NO.
HLS 26RS-50 REENGROSSED HB NO.
1089 (2) "Qualifying medical expenses" mean any product or service contained in the most recently published list of Current Procedural Terminology and HealthcareCommon ProcedureCodingSystemcodesmaintainedbytheCentersfor Medicare and Medicaid Services and any necessary travel expenses related to the procurement of anysuch product or services.
1089 (2) "Payor" means an insurer obligated by its policy to make payment on a claim for which the court has ordered such payment to be deposited into a CARE Account.
(3) "Qualifying medical expenses" mean amounts paid for medical care, as definedin 26 U.S.C.
213, thatarerelatedto theinjuryorconditionthatis thesubject of the judgment.
In any delictual action for which the court awards special damages for futuremedicalexpenses,thecourtshall order that the portion oftheawardallocated forfuturemedicalexpensesbeplacedintoaCAREAccountunlessotherwiseagreed to by the parties and approved bythe court.
In any delictual action, except as provided for in R.S.
6:1434, for which the court awards special damages for future medical expenses, the court shall order that the portion of the award allocated for future medical expenses be placed into a CARE Accountunlessotherwiseagreedto bythe parties and approvedbythecourt.
A CARE Account shall be established in the name of and owned by the judgment debtor for the use and benefit of the judgment creditor for the term of the judgment creditor's life.
A CARE Account shall be established in the name of and owned by the payor for the use and benefit of the plaintiff for the term of the plaintiff's life.
A CARE Account shall be established and maintained at a financial institution as a money market deposit account.
A CARE Account shall be established and maintained at a financial institution as a money market deposit account, for which the financial institution shall issue a transaction card for the plaintiff to execute transactions authorized pursuant to this Chapter.
D.(1) Funds deposited in a CARE Account shall only be used for the purchaseofqualifyingmedicalexpenses.
D.(1) Funds deposited in a CARE Account shall onlybeusedfor qualifying medical expenses.
However,thefinancialinstitutioninwhich the CARE Account is established has no duty to ensure transactions in the account are made for qualifying medical expenses nor is the financial institution subject to liabilityfortransactionsinvolvingtheaccountforthepurchaseofitemsandservices that are not qualifying medical expenses.
However, the financial institution in which the CARE Account is established has no duty to ensure transactions in the account are made for qualifying medical expenses nor is the financial institution subject to liability for transactions being effectuated that are not qualifying medical expenses.
(2) The judgment debtor may contract with a third-party administrator for services related to ensuring transactions involving a CARE Account are made only for qualifying medical expenses.
(2) The payor may contract with a third-party administrator for services including but not limited to monitoring and reconciling transactions involving a CARE Account;
However, the third-party administrator is not subject to liability if the judgment creditor effectuates a transaction for items or services that are not qualifying medical expenses using funds in a CARE Account.
however, the third-party administrator is not subject to liability if the plaintiff executes a transaction that is not a qualifying medical expense.
(3) PriortodepositingfundsintoaCAREAccount,thejudgmentdebtorshall require the judgment creditor to execute an affidavit attesting to his knowledge and Page 2 of 4 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HLS 26RS-50 ENGROSSED HB NO.
1089 understanding that the funds in the account shall only be used for the purchase of qualifying medical expenses.
If a judgment creditor attempts to use funds from a CARE Account to purchaseaqualifying medical expense and thetransactionis declined,thejudgment creditor may utilize either of the following methods to effectuate the transaction:
Upon the judgment becoming final and the payor receiving an affidavit from the plaintiff attesting to his knowledge and understanding that funds in the Page 2 of 5 CODING:
(1) The judgment creditor maypayfor the qualifying medical expense with other funds and present an itemized receipt of the transaction to the financial institution maintaining the CARE Account who shall provide a reimbursement for the transaction to the judgment creditor utilizing funds from the CARE Account.
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
(2) Thejudgmentcreditormaypresentanitemizedinvoiceforthequalifying medical expenses to the financial institution maintaining the CARE Account who shall provide an alternative means of paying for the qualifying medical expenses utilizing funds from the CARE Account.
HLS 26RS-50 REENGROSSED HB NO.
1089 CARE Account shall only be used for qualifying medical expenses, the payor shall deposit funds into the CARE Account as so ordered by the court.
Upon the death of the judgment creditor, any funds remaining in the CARE Account shall revert to the judgment debtor.
One hundred eighty days after the financial institution receives notice or otherwise becomes aware of the death of the plaintiff, the financial institution shall closetheCAREAccountandanyfundsremainingintheaccountshallreverttoeach payor in proportion to the amount each contributed to the account.
§1434.
Excluded judgments The provisions of this Chapter do not apply to the following actions:
(1) An intentional tort action.
(2) A medical malpracticeaction brought pursuant to R.S.
40:1231.1 etseq.
(3) An action involving sexual assault or sexual batterybrought pursuant to Civil Code Articles 2315.3, 2315.7, 2315.11, or 2315.13.
(4) An action for which specialdamages for future medicalexpenses would otherwise be deposited into a Medicare Set Aside account as provided for by the Centers for Medicare and Medicaid Services.
(5) AnactionsubjecttoR.S.13:5106forwhichpaymentsaremadefromthe Future Medical Care Fund provided for in R.S.
39:1533.2.
(6) An action in which there are no liable payors.
1:13(B) and 24:177(E)] HB 1089 Engrossed 2026 Regular Session Bamburg Abstract:
1:13(B) and 24:177(E)] HB 1089 Reengrossed 2026 Regular Session Bamburg Abstract:
Establishes CARE Accounts for the payment of an award for future medical payments resulting from a delictual action.
Establishes CARE Accounts for the payment of an award for future medical payments resulting from certain delictual actions.
Show all 71 changed rows (31 more)
Previous
Latest
Proposed law defines "qualifying medical expenses" as anyproduct or service contained in themostrecentlypublishedlistofCurrentProceduralTerminologyandHealthcareCommon Procedure Coding System codes maintained by the Centers for Medicare and Medicaid Services and any necessarytravel expenses related to the procurement of any such product or service.
Page 3 of 5 CODING:
Page 3 of 4 CODING:
HLS 26RS-50 ENGROSSED HB NO.
HLS 26RS-50 REENGROSSED HB NO.
1089 Proposedlawprovidesthatathird-partyadministratorisnotsubjecttoliabilityundercertain circumstances.
1089 Proposed law defines "qualifying medical expenses" as amounts paid for medical care as definedbyfederalpresentlaw(26U.S.C.
213)thatarerelatedtotheinjuryorcondition that is the subject of the judgment.
Proposed law defines "payor" as an insurer obligated by its policy to make payment on a claim for which the court has ordered payment of future medical expenses to be deposited into the CARE Account.
Proposedlawprovidesthatathird-partyadministratorisnotsubjecttoliabilityundercertain circumstances.
(1) A CARE Account is for the use and benefit of the judgment creditor for the term of the judgment creditor's life, and upon the death of the judgment creditor, any funds remaining in the CARE Account reverts to the judgment debtor.
(1) A CARE Account is for the use and benefit of the plaintiff for the term of the plaintiff's life, and upon the death of the plaintiff, anyfunds remainingin the CARE Account revert to the payor.
(2) A CARE Account is established by the judgment creditor and maintained at a financial institution as a money market deposit account.
(2) A CARE Account is established by the payor and maintained at a financial institution as a money market deposit account.
(3) FundsinaCAREAccountareonlytobeusedforthepurchaseofqualifyingmedical expenses.
(3) FundsinaCAREAccountaretobeusedonlyforthepurchaseofqualifyingmedical expenses.
(4) Methods for a judgment creditor to use for reimbursement of a qualifying medical expense if the transaction on a CARE Account is declined.
(4) Methods for a plaintiff to use for reimbursement of a qualifying medical expense if the transaction on a CARE Account is declined.
(5) Priortodepositingfundsintotheaccount,proposedlawrequiresthejudgmentdebtor to have the judgment creditor execute an affidavit attesting to his knowledge and understanding that the funds in the CARE Account are to be used only for the purchase of qualifying medical expenses.
(5) Prior to depositing funds into the account, proposed law requires the payor to have the plaintiff execute an affidavit attesting to his knowledge and understanding that the funds in the CARE Account are to be used only for the purchase of qualifying medical expenses.
(6) The closing of a CARE Account 180 days after notice of the death of the plaintiff.
(7) Exceptions to proposed law regarding cases involving intentional torts, medical malpractice, sexual assault, sexual battery, and actions with no liable payors.
6:1431-1433) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the original bill:
6:1431-1434) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the original bill:
Providethatathird-partyadministratoroftheCARE Accountis notliableunder certain circumstances.
Providethatathird-partyadministratoroftheCAREAccountisnotliableunder certain circumstances.
Page 4 of 4 CODING:
Page 4 of 5 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HLS 26RS-50 REENGROSSED HB NO.
1089 The House Floor Amendments to the engrossed bill:
1.
Provide that proposed law does not apply to cases involving intentional torts, medical malpractice, sexual assault, sexual battery, and actions with no liable payors.
2.
Define "payor" and redefine "qualifying medical expenses".
3.
Change all references in proposed law from "judgment debtor" to "payor" and from "judgment creditor" to "plaintiff".
4.
Provide for the closing of the CARE Account 180 days after notice of the death of the plaintiff.
5.
Make technical changes.
Page 5 of 5 CODING:
⬇ Download PDF
View plain text versions (3)

Amendments

3 amendments

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Read second time by title and referred to the Committee on Judiciary A.

  2. Received in the Senate. Read first time by title and placed on the Calendar for a second reading.

  3. Read third time by title, amended, roll called on final passage, yeas 67, nays 29. Finally passed, title adopted, ordered to the Senate.

  4. Scheduled for floor debate on 05/05/2026.

  5. Read by title, amended, ordered engrossed, passed to 3rd reading.

  6. Reported with amendments (6-1-1).

  7. Discharged from the Committee on Commerce.

  8. Read by title, recommitted to the Committee on Civil Law and Procedure.

  9. Read by title, under the rules, referred to the Committee on Commerce.

  10. Read by title. Lies over under the rules.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 11 co-sponsors · 135 not signed on · 29 voted No

Sponsors (1)

Co-sponsors (11)

Not signed on (135)

135 members have not signed on to this bill.

Show all 135 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

FINAL PASSAGE (#864)

Passed 67 Yea · 29 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 5101
Republican 60305
Democrat 22503
Total 672909
% of votes cast 64%28%0%9%
How each member voted (105)
Member Party Vote
Mr. Speaker — Yea
Amedee — Yea
Galle — Yea
Stagni — Not Voting
Johnson, T. — Yea
Landry, T. — Nay
St. Blanc — Yea
Adrian Fisher Democrat Not Voting
Aimee Adatto Freeman Democrat Nay
Alonzo L. Knox Democrat Nay
Barbara Carpenter Democrat Nay
C. Denise Marcelle Democrat Nay
Candace N. Newell Democrat Nay
Chasity Martinez Democrat Nay
Dana Henry Democrat Nay
Delisha Boyd Democrat Nay
Ed Murray Democrat Nay
Edmond Jordan Democrat Nay
Gerald Boudreaux Democrat Yea
III, Ed Larvadain Democrat Nay
Joy Walters Democrat Nay
Jr., Kyle M. Green Democrat Nay
Ken Brass Democrat Yea
Mandie Landry Democrat Nay
Marcus Anthony Bryant Democrat Nay
Pat Moore Democrat Nay
Rashid Armand Young Democrat Nay
Robby Carter Democrat Nay
Rodney Lyons Democrat Nay
Roy Daryl Adams Democrat Nay
Shaun Raphael Mena Democrat Not Voting
Sr., Wilford Carter Democrat Nay
Steven Jackson Democrat Not Voting
Sylvia Elaine Taylor Democrat Nay
Tammy T. Phelps Democrat Nay
Tehmi Jahi Chassion Democrat Nay
Vanessa Caston LaFleur Democrat Nay
Annie Spell Republican Yea
Barbara Reich Freiberg Republican Yea
Beth Anne Billings Republican Yea
Brett F. Geymann Republican Yea
Brian Leonard Glorioso Republican Yea
Bryan Fontenot Republican Yea
Chad Michael Boyer Republican Yea
Chance Keith Henry Republican Yea
Christopher Turner Republican Yea
Danny McCormick Republican Yea
Daryl Andrew Deshotel Republican Yea
Debbie Villio Republican Yea
Dixon Wallace McMakin Republican Yea
Dodie Horton Republican Yea
Emily Chenevert Republican Yea
Foy Bryan Gadberry Republican Yea
Francis C. Thompson Republican Yea
Gregory A. Miller Republican Nay
III, Roger William Wilder Republican Not Voting
III, Vincent E. Cox Republican Yea
IV, Gerald "Beau" Beaullieu Republican Yea
Jack McFarland Republican Yea
Jacob Braud Republican Yea
Jacob Jules Landry Republican Yea
Jason Brian DeWitt Republican Yea
Jeffrey "Jeff" Fons Wiley Republican Yea
Jeremy LaCombe Republican Nay
Jerome Zeringue Republican Yea
Jessica Domangue Republican Yea
John E. Wyble Republican Yea
Joseph A. Orgeron Republican Yea
Josh Carlson Republican Yea
Jr., Dennis Bamburg Republican Yea
Jr., John R. Illg Republican Yea
Jr., Michael Robert Bayham Republican Not Voting
Kathy Edmonston Republican Yea
Kellee Hennessy Dickerson Republican Yea
Kim Carver Republican Yea
Kimberly Landry Coates Republican Not Voting
Larry A. Bagley Republican Yea
Lauren Ventrella Republican Not Voting
Laurie Schlegel Republican Not Voting
Les Farnum Republican Yea
Mark Wright Republican Yea
Michael "Gabe" Firment Republican Yea
Michael Charles Echols Republican Yea
Michael Melerine Republican Yea
Mike Johnson Republican Yea
Neil Riser Republican Yea
Nicholas Muscarello Republican Nay
Paul Sawyer Republican Yea
Phillip Eric Tarver Republican Yea
Polly Thomas Republican Yea
R. Dewith Carrier Republican Yea
Raymond J. Crews Republican Yea
Reese "Skip" Broussard Republican Yea
Rhonda Gaye Butler Republican Yea
Robert "Bob" Owen Republican Yea
Rodney Schamerhorn Republican Yea
Ryan Bourriaque Republican Yea
Shane Mack Republican Yea
Sr., Peter F. Egan Republican Yea
Stephanie H. Berault Republican Yea
Stephanie Hilferty Republican Yea
Timothy P. Kerner Republican Yea
Tony Bacala Republican Yea
Troy Jude Hebert Republican Yea
Wayne McMahen Republican Yea

Official roll call →

Subjects

finance civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 1089?
HB 1089 is sponsored by John E. Wyble (Republican), Chance Keith Henry (Republican), Troy Jude Hebert (Republican), Sr., Peter F. Egan (Republican), Jessica Domangue (Republican), Emily Chenevert (Republican), Kim Carver (Republican), Josh Carlson (Republican), Chad Michael Boyer (Republican), Stephanie H. Berault (Republican), Jr., Dennis Bamburg (Republican), and Kellee Hennessy Dickerson (Republican).
What is the current status of HB 1089?
This bill has passed the House. Introduced March 31, 2026. It now moves to the second chamber.
Where can I track HB 1089?
Track HB 1089 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 1089

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 1089

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →