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Three different bills dealing with revaluations because of hurricane damage are working their way through the Legislature.

Existing law, La. R.S. 47:1978 requires the revaluation of flooded property in the year of the flood even if the assessment rolls have been certified.

HB 148 (Rep. Arnold)

Revaluations

Creates a new La. R.S. 47:1978.1 that complements La. R.S. 47:1978. It expands on La. R.S. 47:1978 by requiring revaluation not only in the case of floods, but also in the case of property damaged or destroyed during a declared disaster or emergency.
Continue Reading Pending Bills on Property Revaluations Because of Hurricane Damage

The Centers for Medicare and Medicaid Services (“CMS”) posted the final 2006 Physician Fee Schedule on November 1, 2005, thereby adopting the August 8, 2005 proposal to include diagnostic and therapeutic nuclear medicine services in two categories of designated health services that are subject to the federal physician self-referral statute (a.k.a., the “Stark Law”). This new change will prohibit physicians from referring patients to a facility where the physician (or an immediate family member) has a financial interest for listed nuclear medicine services, unless an exception applies. Of note, the final rule does not apply to the in-office exception that allows cardiologists to provide nuclear cardiac imaging in their offices.
Continue Reading CMS Adds Nuclear Medicine to the Services Subject to Stark – Delays Effective Date

The Senate versions of the Sales Tax on Machinery and Equipment and Corporate Franchise Tax bills are better than the House versions:

SB 39 (Sen. Mount) – Providing for a full state sales tax exclusion for equipment purchased to replace or repair equipment damaged in connection with the hurricanes, including damage from water, wind, fire, or criminal acts. Unlike HB 39 (Rep. Hammett), this bill does not require that the damaged equipment be uninsured or under insured.

Reported favorably by the Senate Revenue and Fiscal Affairs Committee and awaiting action on the Senate floor.
Continue Reading Update on Tax Legislation

Here are summaries of some of the important tax bills currently under consideration in the 2005 First Extraordinary Legislative Session. With the breadth of the agenda before the legislators and the limited time available, expect daily changes in the composition and/or fate of these bills.

HB 24 (Rep. Hammett)-Makes modifications to the individual and corporation income taxes to adjust the federal income tax deduction so that the amount of the deduction is not reduced because of federal income tax credits enacted as a result of the hurricanes. This bill insures that Louisiana income taxes do not increase as a result of the federal credits enacted because of the hurricanes.

Reported favorably from the House Ways & Means Committee and awaiting action on the House floor.
Continue Reading Tax Bills Pending in the Special Legislative Session

Governor Blanco has issued Executive Order KBB 05-67, extending the suspension of “liberative prescriptive and peremptive periods…statewide until at least Friday, November 25, 2005.”

Any other “suspension of deadlines in legal proceedings…in all courts, administrative agencies, and boards unaffected by Hurricane Rita…shall end as of Tuesday, October 25, 2005.”

The parishes designated as “affected by Hurricane Rita,” and thus still subject to the suspension of “legal deadlines,” are Calcasieu, Cameron, Jefferson Davis, and Vermilion.

The Executive Order defers, as it must, to the Louisiana Supreme Court’s October 3, 2005 Resolution and Temporary Rule (found here)
Continue Reading Executive Order KBB 05-67 – Emergency Suspension of Prescription, Peremption and Other Legal Deadlines

As a service to the community and its clients, Kean Miller will present a Post-Katrina Energy Industry Forum on Thursday, October 13th. In addition, the firm will host its Louisiana Environmental Forum on Friday, October 14th. These two important industry events are part of a week-long breakfast briefing series designed to provide innovation, insight and…

As a service to the community and its clients, Kean Miller will present a series of industry-specific discussions, dialogue and resources devoted to the renewal and rebuilding of Louisiana’s economy. This week-long breakfast briefing series is designed to provide innovation, insight and ideas for the business community in Louisiana. The series will take place from October 10 through October 14 at Drusilla Place, 3482 Drusilla Lane (Jefferson Highway at I-12 in Baton Rouge). Kean Miller’s “Moving Louisiana Forward” breakfast series will feature panel discussions and presentations focusing on important business, legal and regulatory issues facing post-Katrina Louisiana. We will focus on the Louisiana economy (Monday, October 10), the construction industry (Tuesday, October 11), the healthcare industry (Wednesday, October 12), the energy industry (Thursday, October 13) and the Louisiana environmental regulatory landscape (Friday, October 14).
Continue Reading Moving Louisiana Forward

On October 3, 2005, the Louisiana Supreme Court issued a resolution, effective through October 25, 2005, establishing procedures to lift or modify the suspension, under Governor Blanco’s Executive Orders 32 and 48, of “all deadlines applicable to legal proceedings, including prescription and peremption, in all Louisiana state courts, administrative agencies, and boards.”

Under the resolution a party or attorney has been “adversely impacted” if his or her “ability … to proceed with the legal proceeding has been substantially impaired by Hurricane Katrina or Rita.”

If all parties to a suit file a joint motion certifying that no attorney or party has been adversely impacted by Hurricanes Rita or Katrina, the judge (trial or appellate) can lift or shorten the emergency suspension periods outlined in the orders.
Continue Reading Louisiana Supreme Court Resolution

In the wake of Hurricane Katrina, the Louisiana Department of Insurance has issued three (3) emergency rules to address issues resulting from the current State of Emergency. All rules retroactively become effective as of 12:01 a.m. on August 26, 2005, and shall continue in full force and effect for the duration of the present State of Emergency proclaimed by Governor Kathleen Blanco. Emergency Rule 15 relates to cancellation of insurance policies, notification requirements, and rate increases. Emergency Rule 16 applies to the settlement and business practices of insurance adjusters and requires all public adjusters operating in Louisiana to register with the Department of Insurance. The focus of Emergency Rule 17 is the continuation of health insurance coverage and the payment of claims to medical providers.
Continue Reading Louisiana Department of Insurance Issues Emergency Rules