§36. Discrimination prohibited; health insurance coverage; fire employees; applicability

            A. A health insurance issuer shall not refuse to accept for enrollment any fire employee formerly employed by a municipality, parish, or fire protection district with which the health insurance issuer maintains a policy of group health insurance coverage, where such fire employee is no longer employed by the municipality, parish, or fire protection district as a result of retirement, and where such fire employee is not yet eligible for Medicare.

            B. A health insurance issuer shall not discriminate between an active fire employee and retired fire employee on the basis of an active or retired status.

            C.(1) This Section does not require a health insurance issuer to provide coverage for a retired fire employee under circumstances in which an active fire employee could lawfully be denied coverage nor requires a health insurance issuer to offer terms, rates, or benefits to a retired fire employee that it is not required to offer to an active fire employee.

            (2) Notwithstanding the provisions of this Section, this Section shall not be construed to require a municipality, parish, or fire protection district to offer health insurance coverage to early retiree fire employees, nor prohibit a municipality, parish, or fire protection district from offering health insurance coverage to only active fire employees, nor prohibit a health insurance issuer from offering coverage that complies with such eligibility decision of the municipality, parish, or fire protection district.

            D. As used in this Section, the term "fire employee" includes a retired employee of a fire protection district or of a municipal or parish fire department.

            Acts 2022, No. 339, §1.