Transcript Highlights:

• But those goals are not what ERISA was created to promote.
• ERISA, the Employee Retirement Income Security Act, was established to ensure that fiduciaries act in
• ERISA, the Employee Retirement Income Security Act, was established to ensure that fiduciaries act in
• It states that proxies held by ERISA plans must be voted in the economic interest of the plan, not used
• My colleagues know that, in 2021, the ERISA Advisory Council examined brokerage windows.

Bills: HB2988

Keywords: ERISA, retirement savings, pension plans, defined contribution plans, 401(k), 403(b), fiduciary duty, fiduciary, ESG, environmental social governance, proxy voting, shareholder rights, brokerage window, self-directed brokerage account, designated investment alternative, plan sponsor, investment adviser, service provider, non-pecuniary factors, pecuniary factors

Bills: HB813 , HB1680 , HB3569 , HB4074 , HB4635 , HB5178 , SB527 , SB1307 , SB1822

Committee: House Insurance

Keywords: autism, health insurance, coverage, medical treatment, health benefit plan, HIV prevention, prescription drug, prior authorization, health benefits, insurance coverage, insurance, contract termination, property and casualty, insurance agents, discrimination, appraiser, umpire, licensing requirements, continuing education, admin penalties

Bills: SB96 , SB97 , SB130 , HB230 , SB154 , SB93 , SB99 , SB96 , SB97 , SB130 , HB230 , SB154 , SB93 , SB99

Committee: House Insurance

Keywords: salvage title, salvage certificate of title, rebuilt title, flood vehicle, junk vehicle, total loss, motor vehicle title, vehicle branding, insurance claim, insurance company, Department of Revenue, vehicle inspection, rebuilder, automotive dismantler, parts recycler, secondary metals recycler, junkyard, vehicle identification number, VIN, stolen vehicle

Bills: SB115 , SB131 , SB93 , HB319 , HB163 , HB268 , SB115 , SB131 , SB93 , HB319 , HB163 , HB268 , HB181 , HB153 , SB132 , SB26 , SB189 , SB196 , HB140 , SB197 , HB117 , HB181 , HB153 , SB132 , SB26 , SB189 , SB196 , HB140 , SB197 , HB117

Committee: Senate County and Municipal Government

Keywords: SB115, Alabama, impersonating a peace officer, peace officer, law enforcement impersonation, police impersonation, unauthorized police officer, fake cop, certification revoked, certification suspended, Alabama Peace Officers' Standards and Training Commission, APOSTC, Class C felony, law enforcement hiring, appointment of officers, federal law enforcement, arrest authority, public order, criminal offenses, Judiciary Committee

Transcript Highlights:

• ERISA out.
• I don't understand ERISA. I'm not going to say that I do.
• But my first question is, can someone give me sort of a little brief, like with ERISA and ERISA out,
• Sonier about the ERISA, but I know since they're out.
• And the reason I say that is because I'm a non-ERISA plan.

Committee: House Insurance

Transcript Highlights:

• Currently, these provisions apply to ERISA plans.
• ERISA, and so that will create a cost issue as we see it.
• And if that's through an ERISA plan or any other plan...
• Eighty percent of the plans have gone to ERISA.
• An ERISA plan, the savings is baked into the total plan.

Bills: SB502 , SB513 , SB622 , SB670 , SB731 , SB732 , SB916 , SB961 , SB1122

Committee: Senate Health & Human Services

Transcript Highlights:

• ERISA out.
• And so, I don't understand ERISA. I'm not going to say that I do.
• Sonier about the ERISA, but I know since they're out.
• You just carved out 200,000 by carving out ERISA. So you got 400,000.
• And the reason I say that is because I'm a non-ERISA plan.

Committee: House Insurance

Summary: The House Insurance Committee met on April 29 with a quorum present and took up several insurance and health care-related bills. SB 192, a dental reimbursement bill, was amended to allow dentists to opt in electronically to credit-card payment methods and to clarify applicability and effective date; it was reported as amended. SB 84 would require prostate cancer screening coverage for men over 40 under current clinical guidelines and prohibit cost-sharing; supporters from the American Cancer Society said Louisiana has a high incidence of prostate cancer and that out-of-pocket costs deter early screening. The committee adopted amendments and reported the bill as amended. SB 275, dealing with reimbursement and network participation for certified registered nurse anesthetists, drew support from nursing and hospital groups and was reported favorably. SB 169, a cleanup bill on biomarker testing, was also amended and reported. The committee spent substantial time on SB 401, which creates a temporary prescription drug affordability board to review pricing data on selected drugs and report findings to the legislature. Supporters said the board would improve transparency and help lawmakers understand drug pricing trends; opponents raised concerns about confidentiality, market effects, and the lack of a defined policy outcome beyond reporting. Amendments narrowed the scope, added confidentiality protections, and removed opposition cards, and the bill was reported as amended. SB 387, a major PBM reform bill tied to SB 401, would change PBM compensation, rebate handling, formulary practices, audits, and appeals, while excluding ERISA plans after discussion and amendment. Supporters argued it would curb spread pricing and other practices that raise costs, while opponents from the Pelican Institute and PCMA warned it would interfere with private contracts, reduce flexibility, and could raise premiums or disrupt city, school board, and small-group plans. After extensive debate and a roll call, SB 387 was reported with amendments by a 10-4 vote. The committee also considered SB 241, which requires certain insurance adjusters and public adjusters to include license numbers in written communications. After amendments limiting the requirement to individual licenses and removing one statutory reference, the bill was reported as amended. Throughout the meeting, members and witnesses repeatedly discussed the need for transparency in drug pricing and PBM practices, the role of ERISA and non-ERISA plans, and potential impacts on public employers and consumers.

Transcript Highlights:

• And then there's non-ERISA plans, traditional insurance.
• If you were to, so in general, ERISA is not subject to state law.
• And then there's non-ERISA plans, traditional insurance.
• So this bill to legislate what ERISA plans do.
• municipalities and churches, and our ERISA plans.

Bills: HB591 , HB765 , HB826 , HB870 , HB938 , HB1151 , HB1162 , HB1176 , HB1196 , HB1236 , HB1241

Committee: Senate Insurance

Keywords: liability insurance, coverage defenses, direct action, judgment enforcement, legal procedures, insurance referrals, compensation, non-licensed agents, consumer protection, insurance products, HB 870, Act 907, Louisiana insurance, health insurance, prescription drugs, generic drugs, biosimilars, formulary placement, drug formulary, cost-sharing

Transcript Highlights:

• </c> you can tax the employees of an ERISA. you can tax the employees of an ERISA.
• </c> You can tax the properties of an ERISA. You can tax the properties of an ERISA.
• You can't do this to ERISA plans.
• You can't do this to ERISA plans.
• </c><00:16:26.920><c> stuff,</c> with respect to the ERISA stuff, with respect to the ERISA stuff, there

Committee: House Commerce and Consumer Affairs

Transcript Highlights:

• The bill in this posture is what my plan does now as an ERISA plan.
• There's ERISA-covered plans, so self-funded plans and union plans... ...and then there's non-ERISA plans
• If you were to, so in general, ERISA is not subject to state law.
• Into the ERISA side, which in some cases it's fine.
• municipalities and churches, and our ERISA plans.

Committee: Senate Insurance

Summary: The Senate Committee on Insurance met on May 6, 2026, and first reported HB 1241 favorably. That bill, by Chairman Furman, requires insurers to check with DCFS before paying certain insurance settlements to determine whether the recipient owes delinquent child support, and to withhold and remit arrears if found. DCFS explained that Louisiana already has intercepts and other collection tools, but no current mechanism for insurance settlements. Senators raised concerns about notice to obligors and about liability if insurers fail to withhold, but the bill was advanced without objection. The committee then heard HB 870, which would require health insurers and PBMs to cover lower-cost generic or biosimilar drugs when available and to use utilization management no more restrictively on those drugs. Supporters said the bill would improve access and lower patient costs by using wholesale acquisition cost as the comparison point. Opponents, including Louisiana Blue and the AFL-CIO, argued that WAC ignores rebates and net cost, could force plans to cover higher-cost biosimilars first, and could increase premiums and disrupt ERISA and fully insured plan design. The committee adopted a technical amendment set and then a second amendment set that added notice and reporting requirements tied to net cost calculations, and HB 870 was reported favorably as amended. Several other bills were moved with little or no opposition. HB 1176, concerning Medicare Advantage coverage for integrative cancer treatments such as cold cap therapy, cryotherapy, and acupuncture, was amended to change the effective date and then reported favorably. HB 1196, dealing with colorectal cancer screening follow-up colonoscopies, was also amended and reported favorably. HB 1162, a consumer protection bill requiring DOI to verify that a contractor named on a first-party property damage check is licensed in Louisiana, was amended and reported favorably. HB 826, which modernizes insurance referral rules to allow referrals by email or website address, was reported favorably. The committee also heard HB 1151 on insurer investment limits and solvency protections, and HB 1236 on pharmacy reimbursement and copay maximizer programs; both drew substantial testimony and concern, especially over retroactivity, PBM cost allocation, and whether copay maximizers shift costs to patients, but the transcript cuts off before final action on HB 1236.

Transcript Highlights:

• Hruza said it very well, they're covered under ERISA plans.
• I know that there are some ERISA carve-outs in here.
• I know that there are some ERISA carve-outs in here.
• , ERISA, that we would just be thrown right back into it.
• , ERISA, that we would just be thrown right back into it.

Committee: House Health and Mental Health

Transcript Highlights:

• So, in general, that's an ERISA case.
• It's about whether a state can apply its laws to ERISA plans, and part of what happened in that case
• was there was an attempt to apply certain plan design elements in state law to ERISA plans.
• We would just follow whatever the court decisions say in terms of their enforceability against ERISA
• say is in Title 22, if you look in the definition section, there's already a general carve-out for ERISA

Committee: Senate Insurance

Summary: The Senate Insurance Committee met on May 20, confirmed a quorum, and approved the May 13 minutes. The first bill heard was House Bill 591, which would create the Paid Family Leave Insurance Act as a voluntary private-market insurance option for employers, with no mandate, state program, or taxpayer cost. Senator Bass presented the bill, offered technical amendments, and after brief questions about why the framework was needed, the committee adopted the amendments and reported the bill favorably with amendments. The committee then took up House Bill 76, dealing with coverage for orally administered anti-cancer medications. Representative Amy Freeman and former Representative Julie Stokes explained that the bill updates Louisiana’s oral chemotherapy coverage law, which had not been revised since 2012, and addresses insurer rejection of newer oral cancer drugs. They also explained Amendment Set 4063, which was intended to restore the bill to the proper posture after changes made in the Appropriations Committee and to prohibit copayment adjustment programs such as accumulator or maximizer programs from reducing credit for manufacturer assistance toward deductibles and out-of-pocket maximums. Senator Bass raised a concern about prior authorization language and possible ERISA litigation, and department staff responded that the bill would not alter ERISA enforceability and that the fiscal note already reflected about $67,000 in OGB costs. After the amendments were adopted, Senator Bass moved to report HB 76 favorably with amendments, and the committee did so without opposition. Senator Carter thanked the bill authors for their advocacy on cancer-related issues and offered to help during the interim. The committee then adjourned.

Transcript Highlights:

• So, in general, that's an ERISA case.
• It's about whether a state can apply its laws to ERISA plans, and part of what happened in that case
• was there was an attempt to apply certain plan design elements in state law to ERISA plans.
• We would just follow whatever the court decisions say in terms of their enforceability against ERISA
• say is in Title 22, if you look in the definition section, there's already a general carve-out for ERISA

Bills: HB591 , HB766

Committee: Senate Insurance

Transcript Highlights:

• Haruza said it very well, they're covered under ERISA plans.
• I know that there are some ERISA carve-outs in here.
• , ERISA, that we would just be thrown right back into it.
• , ERISA, that we would just be thrown right back into it.
• , if ERISA goes away tomorrow, that carve-out stays in place.

Committee: House Health and Mental Health

Summary: The committee first heard House Bills 2365, 2490, and 2249, a bipartisan version of Elijah’s Law, which would require child care facilities to receive training and guidance on recognizing and responding to food allergies and anaphylaxis. Sponsors described the bill as a response to the death of Elijah, whose daycare did not administer epinephrine quickly enough after a food exposure. Witnesses in support, including a parent and food allergy advocate, said the measure would improve preparedness and save lives. Committee members asked about whether the bill should use broader epinephrine terminology, whether the requirements could also be handled through child care licensing rules, and whether the bill was already included in a larger measure. No opposition was presented, and the hearing on those bills was closed. The committee then heard House Bill 1965, which would require insurers to reimburse athletic trainers for covered services and add athletic trainers to the practitioner definition for billing purposes. The sponsor and athletic training witnesses said the bill would recognize athletic trainers as licensed health care providers, improve access in rural and underserved areas, and allow reimbursement when trainers work in clinics, hospitals, or other non-school settings. Committee members raised repeated questions about the difference between athletic trainers and physical therapists, whether school-based services were already paid through contracts, whether the bill would increase costs or create double payment, and how diagnosis and billing would work under the current scope of practice. Opponents from Blue Cross and Blue Shield of Kansas City and the Missouri Insurance Coalition argued the bill would create a mandate, increase costs, and expand billing before clarifying the underlying scope of practice. No vote was taken in public hearing. The committee then moved into executive session and voted several bills do pass. A substitute was adopted for House Bill 1826 and the committee substitute for House Bills 1826, 2560, 2349, and 2194 passed 17-0. House Bill 1783 also passed 17-0. House Bill 2372, which incorporated multiple related provisions including changes to epinephrine terminology and other committee items, passed 17-1 after a substitute and amendment were adopted. House Bill 1827, the occupational therapy bill related to disabled placards and license plates, passed 18-0. The committee then returned to public hearing and heard House Bills 1941 and 2279, which would prohibit copay accumulator programs for fully insured plans so that third-party assistance counts toward a patient’s deductible and out-of-pocket maximum. Sponsors and a rheumatologist testified that the bills would prevent patients with serious illnesses from being forced to pay the same deductible twice and said similar laws have been enacted in many other states. Opponents from America’s Health Insurance Plans argued the measure would affect only a minority of plans, raise costs in the individual and small-group market, and could worsen affordability for remaining enrollees. The hearing ended without a vote on those bills.

Transcript Highlights:

• in those ERISA plans.
• But they could submit, and we do have some ERISA plan submitters.
• ERISA plans just use a health plan as an administrator.
• And to that extent, the ERISA Industry Committee has looked at it pretty closely from an ERISA preemption
• This does bypass ERISA. ERISA is not a protection for this.

Committee: House Insurance

Transcript Highlights:

• plan administration and is directly related to the health plan's benefit design is preempted under ERISA
• . ...benefit design is preempted under ERISA.
• There were some very narrow exceptions to that that were not preempted by ERISA that the state could
• continue to believe that the inclusion of self-insured plans in the bill is going to be preempted by ERISA
• And then if you could also address the ERISA issue, please? Yeah, we disagree.

Committee: House Judiciary

Summary: The committee began without a quorum and heard several bills. SB 41 by Senator Wiener would regulate pharmacy benefit managers by increasing transparency, banning patient steering and spread pricing, and requiring full pass-through of rebates. Supporters, including independent pharmacists and health groups, said PBM practices are driving pharmacy closures and higher costs; opponents argued the bill overlaps with recent PBM licensing and reporting changes in AB 116 and may be preempted by federal ERISA law. Members raised questions about confidentiality, legal preemption, and whether savings would reach consumers, and the author asked for an aye vote. The committee then heard SB 378, also by Senator Wiener, which would let consumers seek civil penalties against online marketplaces that advertise illegal intoxicating hemp and unlicensed cannabis products. Supporters said online sales are undermining the licensed cannabis market and exposing children to unsafe products; opponents, including TechNet and hemp businesses, warned the bill is overbroad, could sweep in general-purpose platforms, and may raise First Amendment and dormant commerce clause concerns. The author said he would narrow the bill, remove industrial hemp references, and address strict liability and standing issues. Members generally supported the goal of protecting children and legal cannabis businesses, while asking for narrower language. SB 243 by Senator Padilla would impose guardrails on AI companion chatbots, including disclosures, anti-addictive design limits, self-harm response protocols, reporting, audits, and a private right of action. Supporters, including Common Sense Media and AI transparency advocates, said companion chatbots can intensify loneliness, manipulate users, and have been linked to self-harm risks for minors; opponents said the definitions are too broad and could capture general-purpose AI tools, and several objected to the private right of action. Members expressed strong concern about child safety but also questioned the breadth of the bill and the need for clearer standards. The committee also heard SB 522, which would preserve just-cause eviction protections for rental units destroyed by disaster and later rebuilt, and SB 259, which would restrict businesses from using device data such as hardware state or geolocation to set prices. SB 522 drew support from Los Angeles officials and tenant advocates who said rebuilt disaster housing should retain tenant protections, while landlords and Realtors opposed it as a burden on reconstruction. SB 259 was supported as a consumer protection against device-based price discrimination, but business groups opposed it as overbroad and harmful to legitimate pricing models. In both cases, members discussed the balance between consumer protection and business concerns, and the bills were held pending a quorum.

Transcript Highlights:

• Importantly, the Supreme Court ruling clarified that states can regulate certain activities of ERISA
• ERISA-based PBM plans follow state law. preemption, the U.S.
• It's not what PB Williams are currently having to follow that are not ERISA plans.
• The states have a role in overseeing PPMs. including ERISA ones. The U.S.
• ERISA plans, they argue, are exempt from following state statute.

Bills: SB502 , SB513 , SB622 , SB670 , SB731 , SB732 , SB916 , SB961 , SB1122

Committee: Senate Health & Human Services

Transcript Highlights:

• When combined with the removal of the ERISA exemption at the top of page two, With the removal of the
• ERISA exemption at the top of page two, currently 'an employer' would really only apply to a self-funded
• So that really is working in conjunction with that repeal of the ERISA exemption, and we would be relying
• solely on the fact that federal law says the feds regulate those ERISA plans, not us.
• especially given that this may be one of the first laws with the exemption, or after removing the ERISA

Committee: Senate Industry and Business

Summary: The Senate Committee on Industry and Business reconvened to work on House Bill 1584, which would create a new pharmacy benefit manager (PBM) regulatory structure within the Insurance Department. Insurance Commissioner John Godfrey and Deputy Commissioner John Arnold explained a revised set of amendments negotiated with Representative Casper and the North Dakota Pharmacists Association. They said the bill largely kept the House policy intact but added technical corrections, narrowed some references in Chapter 19-02, created a separate PBM licensing class, set a delayed effective date for licensing, and established emergency authority so the department could begin building the new division. They also described the proposal to fund the program through existing trust fund resources, PBM license fees, and a transfer of about $1.6 million from the prescription drug transparency program fund, while allowing the department flexibility to hire needed attorneys, pharmacists, and examiners. A major point of discussion was Section 10, which would have required the Attorney General to represent and bear costs for lawsuits related to the bill. Chief Deputy Attorney General Claire Ness said the language was too broad and would go beyond normal constitutional defense work, potentially obligating her office to cover all lawsuits against the commissioner or state under the section. Representative Casper said the intent was only to avoid the Insurance Department having to seek emergency funding for litigation, and both he and department officials said they were open to removing the section or narrowing it. After further discussion, the committee agreed to remove Section 10 from the amendments. The committee then voted 4-0 to adopt the amended amendment package, and then voted 4-0 to give House Bill 1584 a do pass recommendation as amended and refer it to Appropriations. Members noted the bill was still a work in progress, but said the revised version was intended to move the PBM regulation issue forward while continuing discussion in the appropriations process.

Transcript Highlights:

• The last concern that I would have is the fact that this bill really applies to the non-ERISA plans,
• There's a large number of ERISA plans that are out there that this would not apply to.
• We don't have to collect for services now because of this bill, but they do on the ERISA plans because
• this wouldn't affect the ERISA plan.
• We can't impact the ERISA plans in here today or with your help.

Bills: HB3794 , HB3796 , HB3928 , HB2955 , HB4453 , HB4460

Committee: House Insurance

Summary: The committee first took up HB 3794 and HB 3796, both Oklahoma Insurance Department request bills. Members adopted PCS drafts for each without objection, heard brief explanations that the measures cleaned up and clarified insurance licensing and other statutory provisions, and then advanced both bills on unanimous or near-unanimous votes. The committee then considered HB 3928, as amended, which would require optometrists to be reimbursed at Medicare/Medicaid levels and address payment parity for certain vision plans. Representative Tedford raised concerns about premium increases and interference with private contracts, while the author argued the bill would create a fairer level playing field and would not significantly raise consumer costs. The bill passed on a recorded vote and was recommended to the next committee. HB 2955, updating the Oklahoma Captive Insurance Company Act to make Oklahoma more competitive, also passed after OID confirmed a questioned travel reimbursement provision was current law and unchanged. HB 4453 proposed creating an all-payers claims database board to analyze health care spending, use the health information exchange, and make recommendations to OID. The author described changes to board appointments and reporting language, and members asked about consumer representation, fiscal impact, and the board’s advisory role. The bill passed and was recommended onward. HB 4460, which would shift collection of copays, deductibles, and other cost-sharing from providers to insurers, drew extensive testimony from an emergency physician supporting the measure as a way to reduce medical debt and simplify billing, but members raised concerns about ERISA preemption, premium impacts, implementation, and broader market effects. After discussion, the author laid HB 4460 over for later consideration, and the meeting adjourned.

Transcript Highlights:

• Well, let's go to that conversation: ERISA versus non-ERISA. And back to Mr.
• Could we force that into an ERISA plan?
• That was described, and by the way, that's under ERISA, as Jamie was talking about; that's an ERISA plan
• modification to ERISA.
• We are also offered on an ERISA basis for self-funded.

Committee: Senate Health & Human Services