Hurricane Katrina

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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

By the Kean Miller Business Law Team

Many businesses in Louisiana are now assessing how Hurricane Katrina and Hurricane Rita have affected and will continue to affect their contracts with clients, vendors, partners, and others. This article provides some general guidelines that businesses can use to determine if and how their contracts’ terms or Louisiana’s commercial law may affect contractual rights and obligations in light of the hurricanes.
Continue Reading Louisiana Contracts and the Doctrine of Impossibility

The Louisiana Department of Revenue released a bulletin today relating to state treatment of Hurricane Katrina related federal tax relief.
Continue Reading Louisiana Department of Revenue Information Bulletin No. 05-018 — Louisiana Income Tax Treatment of IRS Relief for Disaster Victims

On September 2, 2005, Louisiana’s Governor, Kathleen Babineaux Blanco, issued Executive Order No. KBB 2005-26. The order suspended all state licensure laws, rules and regulations for medical professionals and personnel from other states who offer medical services in Louisiana to those needing medical services as a result of Hurricane Katrina.
Continue Reading Louisiana Governor Revises Executive Order Suspending Licensure Requirements for Medical Professionals and Personnel

By the Kean Miller Health Law Team

The Department of Health and Human Services, Office of Civil Rights (“OCR”), published two bulletins on September 2, 2005 and September 9, 2005 to discuss the application of HIPAA in the wake of Hurricane Katrina. The bulletins expressed the need for persons displaced by the hurricane to obtain ready access to health care and a means of contacting family and caregivers.
Continue Reading HIPAA Privacy and Disclosures in Emergency Situations