Skip to main content
Find a Lawyer

Louisiana Revised Statutes Tit. 22, § 572. Catastrophe response plans

Current as of January 01, 2023 | Updated by Findlaw Staff

A. Every insurer, as defined in R.S. 22:46, and every health maintenance organization operating in this state shall maintain a catastrophe response plan that describes how the insurer will respond to a catastrophe affecting its business operations and policyholders or subscribers. Additionally, every third-party administrator shall maintain a catastrophe response plan that describes how it will respond to a catastrophe affecting its business operations. However, insurers are not required to ensure compliance by third-party administrators with this Section.

B. Catastrophe response plans required pursuant to this Section shall include all of the following:

(1) Emergency contact information of key or essential personnel.

(2) Alternative office locations or work sites likely to be used in the event of a catastrophe.

(3) Procedures to address the following:

(a) The backup, storage, retrieval, and security of records and data used to adjust claims.

(b) The handling and processing of claims, whether prior to or subsequent to the catastrophe.

(c) Relevant training of staff.

(d) Communication with agents, policyholders, and subscribers, in the event of mail delivery or other communication system disruption. Such communication shall address, at minimum, the process for filing a claim and the method whereby an agent, policyholder, or subscriber can obtain information concerning a claim.

(e) The distribution of catastrophe claims information to policyholders or subscribers.

(4) Considering the scale of the catastrophe and the number of policies issued in the affected area, the methodology for determining the following:

(a) The approximate number of field adjusters, desk adjusters, and other administrative personnel necessary to respond to the catastrophe.

(b) The process through which the insurer will provide claims and administrative personnel to service policyholder and subscriber needs in a timely manner.

(c) The process through which the insurer will provide logistical support for claims and administrative personnel in the area affected by the catastrophe.

C. Every insurer, health maintenance organization, and third-party administrator shall file a catastrophe response plan that conforms to the provisions of this Section with the commissioner no later than June 1, 2023, and shall file a revised plan when any changes are made to the plan. The commissioner shall review each catastrophe response plan when filed to ensure that it meets the requirements of this Section and any applicable rules and regulations.

D. Catastrophe response plans required pursuant to this Section shall be deemed to be confidential, proprietary information subject to the protections of the Uniform Trade Secrets Act pursuant to Chapter 13-A of Title 51 of the Louisiana Revised Statutes of 1950, shall not be subject to the public records disclosures of R.S. 44:1, and shall not be made public by the commissioner.

E. The commissioner may promulgate rules in accordance with the Administrative Procedure Act to implement and enforce the provisions of this Section.

F. If the commissioner finds that a violation of this Section has occurred, the commissioner may take necessary and appropriate enforcement and regulatory action, including action pursuant to R.S. 22:18.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Louisiana Revised Statutes Tit. 22, § 572. Catastrophe response plans - last updated January 01, 2023 | https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-22-sect-572/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard