Any Willing Provider Law – LOUISIANA

LOUISIANA SUMMARY OF EXISTING LAW

Declares to be unfair methods of competition and unfair or deceptive acts or practices in the business of insurance if a health benefits plan: (i) prohibits a beneficiary from selecting a pharmacy or pharmacist of his/her choice, or (ii) denies a pharmacy licensed and physically located in the state or a pharmacist licensed in the state the right to participate as a contract provider of pharmaceutical services or pharmaceutical products under the policy or plan, if the pharmacy or pharmacist agrees in writing to provide pharmaceutical services and pharmaceutical products that meet all the terms and requirements, including the same administrative, financial, and professional conditions and a minimum contract term of one year, if requested, which apply to pharmacies and pharmacists which have been designated as providers under the policy or plan or as participating providers in a pharmacy network established by the policy or plan.

Link to Existing Law: LSA-R.S. 22:1964(15)(a)

PRACTICAL NOTE FOR EXSISTING LAW

The law provides strong ‘Any Willing Provider Law’ protection and creates an opportunity for aggreived parties to report a ‘notice of wrongful conduct’ to the insurance commissioner. However, the language as written is not explicitly beneficial to physician dispensers, due to its reference to ‘pharmacies’ and ‘pharmacists’ only.