HLSHCAHB771 26RS-424902 ORIGINAL3831 HOUSE COMMITTEE AMENDMENTS Regular Session HOUSEAmendments BILLproposed NO.by House Committee on Insurance to Original House Bill No.

771 BYby REPRESENTATIVERepresentative TAYLORTaylor INSURANCE/HEALTH:AMENDMENT NO.

Provides1 relativeOn topage Medicare1, asline the20, secondarypayerafter for"the" retireesand withbefore employer-sponsored"payer" healthchange insurance"primary" ANto ACT"secondary" ToenactR.S.22:1113,relativetoMedicare-eligibleretirees;toproviderelativetoMedicarePage as1 aof secondary1 payerCODING: for retirees who become reemployed;

to require Medicare as theprimarypayertoanyextentavailableunderfederallaw;toprovideforeligibility;

and to provide for related matters.

Be it enacted by the Legislature of Louisiana:

Section 1.

R.S.

22:1113 is hereby enacted to read as follows:

§1113.

Coordination of benefits;

Medicare-eligible retirees;

return to employment A.

The provisions of this Section apply to any individual who meets all of the following criteria:

(1) Is eligible for benefits under the federal Medicare program.

(2) Previously retired from employment.

(3) Subsequentlyreturnstoactiveemploymentandbecomescoveredbyany health insurance coverage provided through a policy or certificate of insurance subject to regulation pursuant to state law, a health maintenance organization, an employer-sponsored health plan, the office of group benefits, or an equivalent federal or state health plan.

B.(1) For purposes of this Section, a health insurance issuer that provides coveragedescribedin Paragraph (A)(3)of this Section shall coordinateMedicareas the primary payer for any individual described in Paragraph (A)(1) of this Section, Page 1 of 2 CODING:

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HLS 26RS-42 ORIGINAL HB NO.

771 and shall coordinate anyhealth insurance coverage subject to the provisions of this Section as secondary to Medicare.

(2) A health insurance issuer shall not designate Medicare as a secondary payer, except where federal law expressly requires otherwise.

C.

This Section does not require any action that would conflict with or be preempted by 42 CFR §411.32 or other applicable federal regulations.

DIGEST ThedigestprintedbelowwaspreparedbyHouseLegislative Services.

It constitutes nopart of the legislative instrument.

The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent.

[R.S.

1:13(B) and 24:177(E)] HB 771 Original 2026 Regular Session Taylor Abstract:

Requires insurers in the state of La.

to coordinate health benefits for retired persons who are Medicare-eligible and who have returned to employment.

Proposed law applies to persons who are eligible for benefits under the federal Medicare program;

who previously retired from employment;

who subsequently return to active employment;

and who become covered by a private health coverage plan provided by the employer.

Proposed law requires, to the maximum extent permitted under federal law, that Medicare be treated as the primary payer for individuals described in proposed law, and further requires a health insurance issuer providing coverage to employed retirees to coordinate benefits as secondaryto Medicare.

Proposed law prohibits a health insurance issuer from designating Medicareas a secondary payer, except where federal law expressly requires otherwise.

Proposed law does not require a health insurance issuer to take in any action that would conflict with or be preempted bycertain federal regulations.

(Adds R.S.

22:1113) Page 2 of 2 CODING: