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HLS 26RS-235 ORIGINAL
2026 Regular Session
HOUSE BILL NO. 95
BY REPRESENTATIVE BACALA
INSURANCE/HEALTH: Provides relative to health insurance coverage with respect to
certain claims
1 AN ACT
2 To enact R.S. 9:2800.31, relative to the recovery of damages; to provide relative to damages
3 arising out of an automobile accident; to provide with respect to the use of health
4 insurance; to provide for definitions; to provide for limitations of liability; to provide
5 for recoverable amounts; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 9:2800.31 is hereby enacted to read as follows:
8 §2800.31. Limitation of liability; failure to use applicable health insurance
9 coverage; automobile accidents
10 A. For the purposes of this Section, "health insurance coverage" means
11 benefits consisting of healthcare services provided through insurance,
12 reimbursement, or otherwise which includes items and services paid for as healthcare
13 services under any hospital or medical service policy or certificate, hospital or
14 medical service plan contract, preferred provider organization agreement, or health
15 maintenance organization contract offered by a health issuer, the office of group
16 benefits, Medicare, Medicaid, or equivalent state health plans.
17 B. In any action for recovery of past medical expenses arising out of an
18 automobile accident, if the claimant has applicable health insurance coverage and the
19 claimant failed to utilize the health insurance coverage, the recovery of past medical
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-235 ORIGINAL
HB NO. 95
1 expenses shall not exceed the amount that would have been paid by the claimant's
2 health insurance coverage.
3 C. The provisions of this Section do not apply to claims made pursuant to the
4 Louisiana Workers' Compensation Law as provided in R.S. 23:1020.1 et seq.
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 95 Original 2026 Regular Session Bacala
Abstract: Provides relative to recovery of damages in an automobile accident when a
claimant does not use available health insurance.
Proposed law defines "health insurance coverage".
Proposed law provides that the recovery of past medical expenses shall not exceed the
amount the claimant's health insurance would have paid.
Proposed law does not apply to claims made pursuant to the La. Workers' Compensation
Law as provided in present law (R.S. 23:1020.1 et seq.).
(Adds R.S. 9:2800.31)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.