Senate Bill No. 114, introduced by Senator Jackson-Andrews during the 2025 Regular Session, proposes an amendment to Article 3454 of the Louisiana Civil Code concerning the computation of prescriptive periods. Currently, if the last day of a prescriptive period falls on a legal holiday, the period extends to the next non-holiday. The bill seeks to clarify that this extension also applies when the last day falls on a Saturday or Sunday. If enacted, this change will take effect on August 1, 2025.

SB110 clarifies that Louisiana insurance laws apply to employee benefit plans only when they are not overridden by federal ERISA rules. If a court or the insurance commissioner finds a state provision is preempted by ERISA, the rest of the law still stands meaning only the parts that conflict with the federal rules are invalid not the whole law.

Amends various sections of the Louisiana Revised Statutes to clarify the applicability of state insurance laws to employee benefit plans governed by the Employee Retirement Income Security Act of 1974 (ERISA). The bill intends to ensure that state provisions apply only where not preempted by ERISA. It includes a severability clause stating that if any part of the Title is declared preempted by ERISA through a final court decision, or if the insurance commissioner determines that a provision is likely preempted, the remainder of the Title remains valid and applicable to other entities or circumstances. Additionally, the bill proposes technical amendments to existing statutes to align with these clarifications.

Key Provisions of SB 110:

1. Clarification of Applicability:
2. The bill explicitly states that provisions of the Title apply to employee benefit plans only to the extent they are not preempted by ERISA, clearly defining state authority relative to federal preemption.
3. Severability Clause:
4. SB 110 contains a provision ensuring that if any part of the Title is found preempted by ERISA, or identified by the insurance commissioner as likely preempted, the validity of the remaining sections is unaffected, preserving enforceability for unaffected provisions.
5. Technical Amendments:
6. The bill includes technical revisions to several statutes for consistency and to avoid conflicts between state laws and federal ERISA requirements.

By introducing these measures, SB 110 addresses the interaction between state insurance regulations and ERISA, aiming to maintain the effectiveness of state laws in situations where federal law does not explicitly override state jurisdiction.

SENATE committee amendment [LINK] removes" The aggregate compensation for a dealer who operates one or more business locations within louisiana shall not exceed seven hundred fifty dollars per calendar month."

Proposes allowing dealers and remote sellers to receive compensation for collecting and remitting local sales and use taxes. This compensation would be in the form of a deduction against the taxes due, calculated at the rate specified in local ordinances. The total compensation for a dealer operating one or more business locations within Louisiana would be capped at $750 per calendar month. To qualify, returns must be filed, and taxes remitted, on or before the 20th day of the month following the month of collection. The act is set to become effective on July 1, 2025, and will apply to taxable periods beginning on and after that date.

Expands rail authority and removes borrowing limits and public obligations for the Lake Providence Port Commission.

Key Provisions: 

- Allows the port commission to build and operate rail facilities outside East Carroll Parish. 

- Removes the $15 million cap on outstanding bonds or notes. 

- Repeals the requirement that bonds be backed by East Carroll Parish and the State of Louisiana. 

- Retains authority to issue bonds with State Bond Commission approval and pledge revenues or assets for repayment. 

- Effective upon governor’s signature.

SENATE floor amendment technical

Removes borrowing restrictions and local obligation requirements for the Tensas Parish Port Commission.

Key Provisions: 

- Eliminates the $15 million cap on outstanding bonds or notes. 

- Removes the 5% interest rate cap and par value sale requirement. 

- Repeals the pledge of Tensas Parish’s full faith and credit backing the bonds. 

- Retains authority to issue bonds with State Bond Commission approval and to pledge revenues or assets as security. 

- Effective upon governor’s signature.

Strengthens reimbursement protections for pharmacies by requiring Pharmacy Benefit Managers (PBMs) to pay at least acquisition cost and expands appeal rights for underpayments.

Key Provisions: 

- Requires PBMs to reimburse pharmacies no less than the acquisition cost of a drug, device, or service. 

- Defines “acquisition cost” as the invoice price from a customary supplier or the Medicaid dispensing fee for services. 

- Allows appeals for at least 15 days after reimbursement. 

- If an appeal is granted, PBMs must: 

 - Let all similarly situated pharmacies resubmit claims for retroactive payment. 

 - Notify those pharmacies of the reimbursement adjustment. 

 - Apply reimbursement adjustments in the next payment cycle. 

- Effective August 1, 2025.

SENATE floor amendments technical with additional set 1668 [LINK] mandating additional tests for STDs

SENATE committee amendments [LINK] require prenatal care providers to screen pregnant women for substance use disorder using approved tools and refer those at risk for treatment. HIV and syphilis testing is clarified, and all required screenings must be covered by insurance without prior authorization. Compliance may be checked during health facility inspections.

Updates requirements for HIV and syphilis screening of pregnant women to ensure consistent testing during pregnancy.

Key Provisions: 

- Requires physicians and authorized medical professionals to order HIV and syphilis tests at three points: 

 - First prenatal visit 

 - First third-trimester visit 

 - During labor and delivery 

- Notifies patients that testing will be done unless they decline (opt-out system). 

- Requires testing unless prior documentation shows it has already been completed. 

- Applies to all medical personnel permitted to attend pregnant women. 

- Effective upon governor’s signature.