La. Admin. Code tit. 37 § XIII-15117

Current through Register Vol. 50, No. 9, September 20, 2024

Section XIII-15117 - Violations Reported by Employees; Retaliation by Insurer Prohibited

A. This regulation shall not preclude or in any way limit the applicability of R.S. 22:14(A), which prohibits any insurer transacting business in this state from penalizing any of its employees for reporting to the commissioner or other appropriate authorities, in good faith, a suspected violation of the Insurance Code, including discrimination prohibited by R.S. 22:31 et seq. As provided in R.S. 22:14(A), penalizing shall include the following:

1. discharging, disciplining, demoting, transferring, or otherwise discriminating against an employee of the insurer;

2. reducing the benefits, pay, or work privileges of the employee of the insurer;

3. preparing a negative work performance evaluation of an employee of the insurer;

4. threatening to take any of the above actions.

B. This regulation shall not preclude or in any way limit the applicability of R.S. 22:14(C), which provides that any employee who makes a written sworn report on the activities of an insurer is not subject to civil liability for making the report and no civil cause of action may arise against the employee for making the report. This immunity shall apply provided that the information available to the employee would support a reasonable belief that the activity, policy, or practice reported violates the Insurance Code, a rule, or the law, or impairs or endangers the solvency of the insurer. No such immunity shall apply to any report that is fraudulent or made in bad faith. Employees who intentionally make fraudulent reports or make reports in bad faith shall be guilty of the crime of false swearing and subject to the penalties provided for in R.S. 14:125.

La. Admin. Code tit. 37, § XIII-15117

Promulgated by the Department of Insurance, Office of the Commissioner, LR 432191 (11/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 22:31(C), 32(B), and 35(C).