INSURANCE/HEALTH: Provides relative to Medicare as the secondary payer for retirees with employer-sponsored health insurance (OR NO IMPACT See Note)

HLS 26RS-42 ORIGINAL
2026 Regular Session
HOUSE BILL NO. 771
BY REPRESENTATIVE TAYLOR
INSURANCE/HEALTH: Provides relative to Medicare as the secondary payer for retirees
with employer-sponsored health insurance
1 AN ACT
2 To enact R.S. 22:1113, relative to Medicare-eligible retirees; to provide relative to Medicare
3 as a secondary payer for retirees who become reemployed; to require Medicare as
4 the primary payer to any extent available under federal law; to provide for eligibility;
5 and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 22:1113 is hereby enacted to read as follows:
8 §1113. Coordination of benefits; Medicare-eligible retirees; return to employment
9 A. The provisions of this Section apply to any individual who meets all of
10 the following criteria:
11 (1) Is eligible for benefits under the federal Medicare program.
12 (2) Previously retired from employment.
13 (3) Subsequently returns to active employment and becomes covered by any
14 health insurance coverage provided through a policy or certificate of insurance
15 subject to regulation pursuant to state law, a health maintenance organization, an
16 employer-sponsored health plan, the office of group benefits, or an equivalent
17 federal or state health plan.
18 B.(1) For purposes of this Section, a health insurance issuer that provides
19 coverage described in Paragraph (A)(3) of this Section shall coordinate Medicare as
20 the primary payer for any individual described in Paragraph (A)(1) of this Section,
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-42 ORIGINAL
HB NO. 771
1 and shall coordinate any health insurance coverage subject to the provisions of this
2 Section as secondary to Medicare.
3 (2) A health insurance issuer shall not designate Medicare as a secondary
4 payer, except where federal law expressly requires otherwise.
5 C. This Section does not require any action that would conflict with or be
6 preempted by 42 CFR §411.32 or other applicable federal regulations.
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 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 secondary to Medicare.
Proposed law prohibits a health insurance issuer from designating Medicare as 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 by certain federal regulations.
(Adds R.S. 22:1113)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.