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HLS 26RS-3604 REENGROSSED
2026 Regular Session
HOUSE BILL NO. 1241 (Substitute for House Bill No. 943 by Representative
Firment)
BY REPRESENTATIVE FIRMENT
CHILDREN/SUPPORT: Directs insurers to conduct data matches and to withhold and
remit certain insurance and settlement payments to satisfy child support obligations
1 AN ACT
2 To enact R.S. 22:2472, relative to child support enforcement and insurer compliance; to
3 require insurers to conduct data matches with the Department of Children and Family
4 Services prior to issuing qualifying payments; to provide for withholding and
5 remittance of certain payments; to provide for enforcement by the commissioner of
6 insurance; to provide for rulemaking; to provide for an effective date; and to provide
7 for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 22:2472 is hereby enacted to read as follows:
10 §2472. Child support insurance intercept; insurer compliance; enforcement
11 A. For the purposes of this Section, the following definitions apply:
12 (1) "Claimant" means a person who files a liability claim for bodily injury or
13 wrongful death or a claim for workers' compensation benefits.
14 (2) "Claim for bodily injury" does not mean a claim filed under the uninsured
15 or underinsured coverage of a motor vehicle liability policy.
16 (3) "Insurance claim data collection organization" means an organization that
17 maintains a centralized database of information concerning insurance claims to assist
18 insurers subscribed to the database in processing claims, detecting and preventing
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HB NO. 1241
1 fraud, and cooperating and coordinating with the federal or state child support
2 entities to share relevant information for insurance intercept purposes.
3 (4) "Office" means the office of child support within the Department of
4 Children and Family Services.
5 (5) "Qualifying payment" means a payment that is either a one-time lump
6 sum or an installment payment issued by an insurer doing business in the state,
7 which is made for the purpose of satisfying, compromising, or settling an insurance
8 claim for general damages or lost wages where the payment is in excess of five
9 hundred dollars and is intended to be paid directly to the claimant and not to a third
10 party, such as a healthcare provider. "Qualifying payment" includes any payment
11 scheduled to be issued after a data match conducted pursuant to this Section.
12 B. Every insurer doing business in this state shall comply with the obligation
13 to conduct data matches and to withhold and remit qualifying payments when
14 notified by the Department of Children and Family Services.
15 C.(1) Each insurer shall, prior to issuing a qualifying payment, exchange
16 information with the office in a manner prescribed by the Department of Children
17 and Family Services to verify whether a claimant owes debt for the support of one
18 or more children to the Department of Children and Family Services or to a person
19 receiving services from the office.
20 (2) To the extent feasible, the office shall facilitate a secure electronic
21 process to exchange information with insurers pursuant to this Section. The
22 obligation of an insurer to exchange information with the office is discharged upon
23 complying with the requirements of this Section. The exchange of information shall
24 comply with privacy protections under applicable state and federal laws and
25 regulations, including but not limited to the federal Health Insurance Portability and
26 Accountability Act.
27 D. To determine whether a claimant owes a debt being enforced by the
28 office, all insurers doing business in the state that issue qualifying payments to a
29 claimant shall provide minimum identifying information about the claimant to the
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1 office, which may include the transmission of information to an insurance claim data
2 collection organization, the federal office of child support enforcement, the child
3 support lien network, or directly to the office in a manner prescribed by the
4 commissioner. Minimum identifying information may include the claimant's full
5 name, current physical address, and date of birth. The insurer shall provide the
6 claimant's social security number or other taxpayer identification number only if that
7 information is available in the insurer's records and is necessary to identify the
8 claimant.
9 E. If an insurer is notified by the office that a claimant owes debt for the
10 support of one or more children to the Department of Children and Family Services
11 or to a person receiving services from the office, the insurer shall, upon the receipt
12 of a notice issued by the Department of Children and Family Services identifying the
13 amount of debt owed, withhold from payment to the claimant the amount specified
14 in the notice and remit the amount withheld from the payment to the Department of
15 Children and Family Services within twenty days of receipt of the notice.
16 F. The Department of Children and Family Services shall give priority over
17 any withholding of payment pursuant to Subsection E of this Section to any lien,
18 claim, or demand for reasonable claim-related attorneys' fees, litigation expenses,
19 any portion of a claim based on damage or a loss of real or personal property,
20 documented unpaid expenses incurred for medical treatment causally related to the
21 claim, and any money assigned or designated as funeral or burial expenses.
22 G.(1) The Department of Children and Family Services shall consider any
23 information received from an insurer pursuant to this Section as confidential. Such
24 information shall be used or disclosed by the Department of Children and Family
25 Services only for the purpose of collecting past due child support or for the purpose
26 of carrying out the provisions of this Section.
27 (2) Information provided by the Department of Children and Family Services
28 shall not be used by the insurer or its agent for any purpose other than conducting a
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1 data match pursuant to this Section and shall not be disclosed to any person except
2 to the extent necessary to conduct the data match.
3 (3) An insurer or other entity shall not be held liable in any civil or criminal
4 action for any act made in good faith pursuant to this Section including, but not
5 limited to any disclosure of information to the Department of Children and Family
6 Services or the withholding of any money from payment to a claimant or the
7 remittance of such money to the Department of Children and Family Services.
8 H. An insurer shall not delay the disbursement of a payment to a claimant
9 to comply with this Section, if doing so would subject the insurer to penalties
10 including but not limited to those provided for in R.S. 22:1892; however, the insurer
11 shall otherwise provide a reasonable opportunity for the office to respond to a data
12 match request prior to issuing a qualifying payment. In the case of periodic
13 payments, an insurer is not required to comply with Subsection E of this Section with
14 regard to any payments disbursed before receipt of the notice, but shall comply with
15 Subsection E of this Section with regard to any payments scheduled after receipt of
16 the notice.
17 I. If periodic payments will be made to a claimant, the insurer shall, prior to
18 issuing each qualifying payment, exchange information with the office in a manner
19 prescribed by the Department of Children and Family Services, as provided in
20 Subsection C of this Section to verify whether the claimant owes a debt for the
21 support of one or more children to the Department of Children and Family Services
22 or to a person receiving services from the office.
23 J. The commissioner may promulgate rules and regulations for the
24 implementation and enforcement of the provisions of this Section.
25 Section 2. This Act shall become effective on July 1, 2027.
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
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 1241 Reengrossed 2026 Regular Session Firment
Abstract: Requires insurers to perform data matches with the Department of Children and
Family Services (DCFS), in coordination with the office of child support, prior to
issuing qualifying insurance payments.
Proposed law requires insurers issuing certain qualifying insurance payments to exchange
information with the office of child support within the Department of Children and Family
Services (DCFS), prior to issuing such payments, to determine whether the claimant owes
past due child support. Proposed law revises the definition of “claimant” to a person who
files a liability claim for bodily injury or wrongful death or a claim for workers’
compensation benefits, and clarifies that a claim for bodily injury does not include claims
filed under uninsured or underinsured motor vehicle coverage.
Proposed law requires the exchange of information to be conducted in a manner prescribed
by DCFS and in compliance with applicable state and federal privacy laws. Proposed law
authorizes insurers to conduct required data matches through insurance claim data collection
organizations, federal child support enforcement systems, child support lien networks, or
direct data exchanges with DCFS.
Proposed law requires an insurer, upon receipt of notice from DCFS identifying a child
support obligation and specifying the amount owed, to withhold the specified amount from
a qualifying payment and remit the withheld funds to DCFS within 20 days of receipt of
notice. Proposed law requires DCFS to give priority, before any withholding for child
support, to certain liens, claims, and documented expenses, including reasonable attorneys’
fees, litigation expenses, damage or loss of real or personal property, unpaid medical
expenses causally related to the claim, and funeral or burial expenses.
Proposed law establishes confidentiality requirements governing information exchanged
between insurers and DCFS and limits the use and disclosure of such information to
purposes directly related to child support enforcement and administration of the law.
Proposed law provides immunity from civil and criminal liability for insurers and other
entities acting in good faith in complying with the law.
Proposed law provides that insurers are not required to delay the disbursement of qualifying
payments to comply with the law and are not liable for payments disbursed prior to receipt
of notice from DCFS. Proposed law clarifies that insurers are not required to comply with
data-match requirements if doing so would subject them to statutory penalties, provided the
insurer otherwise affords DCFS a reasonable opportunity to respond to a data-match request
prior to issuing a qualifying payment. Proposed law establishes compliance requirements
for periodic payments issued after receipt of notice.
Proposed law authorizes DCFS to reimburse insurers for reasonable administrative costs
incurred in conducting data matches and complying with the law. Proposed law defines
relevant terms, including "claimant", "insurance claim", "qualifying payment", and
"insurance claim data collection organization", and grants enforcement and rulemaking
authority to the commissioner of insurance. Proposed law clarifies that child support
enforcement authority remains vested with DCFS.
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Effective July 1, 2027.
(Adds R.S. 22:2472)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Revise the definition of "claimant" to specify that the term applies only to a
person who files a liability claim for bodily injury or wrongful death, or a claim
for workers' compensation benefits, and removes references to other categories
of insurance benefits.
2. Clarify the definition of "claim for bodily injury" to exclude claims made under
uninsured or underinsured motor vehicle coverage, limiting the types of claims
subject to the proposed law.
3. Modify provisions governing insurer compliance with data match requirements
to clarify that an insurer is not required to comply if doing so would subject it to
statutory penalties, while still requiring the insurer to provide the office of child
support a reasonable opportunity to respond to a data match request before
issuing a qualifying payment.
4. Make technical changes.
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