Rebel Distributors Corp. v. LUBA Workers' Comp.

Summary

The Louisiana Supreme Court considered whether a pharmaceutical distributor could pursue payment for physician-dispensed medications under the state workers’ compensation laws. It held that La. R.S. 23:1205(A) does not prohibit a health care provider from assigning payment-collection rights to a third party, and that an agent may qualify as a health care provider under La. R.S. 23:1021(6). The court reversed the appellate court’s dismissal and remanded for further consideration.

Holdings

1. La. R.S. 23:1205(A) protects an injured employee's workers' compensation claims and benefits and does not prohibit a health care provider from assigning its claims for payment to a third party.
2. The 2010 agreement expressly novated and retroactively replaced the 2007 agreement.
3. An agent acting in the course and scope of employment for a health care provider falls within the statutory definition of health care provider, even if the agent does not itself provide medical or professional services.

Questions Presented

1. Whether La. R.S. 23:1205(A) prohibits a health care provider from assigning to a third party the right to bill for and collect payment for medical services or medications provided under the workers' compensation laws.
2. Whether the 2010 agreement expressly novated and retroactively replaced the 2007 agreement despite similarities between the agreements and the fact that a substantial part of the original performance remained owed.
3. Whether an agent of a health care provider may qualify as a health care provider under La. R.S. 23:1021(6) even if the agent does not itself provide medical or professional services.

Disposition

reversed_and_remanded