Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2011 ENROLLED
SENATE BILL NO. 176
BY SENATORS HEITMEIER, MILLS AND NEVERS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To enact Part LXX of Chapter 5 of Title 40 of the Louisiana Revised Statutes of 1950, to be2
comprised of R.S. 40:1300.331, and Part LXXI of Chapter 5 of Title 40 of the3
Louisiana Revised Statutes of 1950, to be comprised of R.S. 40:1300.341, relative4
to Medicaid; to provide for an upper payment limit financing mechanism for certain5
health care providers; to provide for rules and regulations; to provide for cooperative6
endeavor agreements for nonstate governmental hospitals; and to provide for related7
matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Part LXX of Chapter 5 of Title 40 of the Louisiana Revised Statutes of10
1950, comprised of R.S. 40:1300.331, and Part LXXI of Chapter 5 of Title 40 of the11
Louisiana Revised Statutes of 1950, comprised of R.S. 40:1300.341, are hereby enacted to12
read as follows:13
PART LXX. HEALTH CARE PROVIDERS UPPER PAYMENT LIMIT14
FINANCING METHODOLOGY15
§1300.331. Health care providers; upper payment limit16
A. Subject to appropriation, the Department of Health and Hospitals17
may develop and maintain a Medicaid upper payment limit financing18
methodology which incorporates any health care provider licensed by the19
Department of Health and Hospitals. The purpose of developing an upper20
payment limit financing methodology is to enhance the delivery of health care21
services to the uninsured and Medicaid patients. Any such upper payment limit22
financing methodology shall be in accordance with federal law and subject to23 SB NO. 176 ENROLLED
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
approval by the Centers for Medicare and Medicaid Services.1
B. The department may submit waivers or state plan amendments to the2
Centers for Medicare and Medicaid Services in order to secure federal financial3
participation in relation to any such upper payment limit financing4
methodology. Disbursements of monies generated by the use of an upper5
payment limit methodology shall be made only in accordance with an approved6
waiver or state plan amendment.7
PART LXXI. COOPERATIVE ENDEAVOR AGREEMENTS FOR8
NONSTATE GOVERNMENTAL HOSPITALS9
§1300.341. Nonstate governmental hospitals; cooperative endeavor agreements10
A nonstate governmental hospital may enter into a cooperative endeavor11
agreement with other hospitals, persons, or entities which includes the transfer12
of funds for the provision of health care services and such transfer shall be13
considered to be for a public purpose within the meaning of Paragraph C of14
Section 14 of Article VII of the Constitution of Louisiana.15
Section 2. This Act shall become effective upon signature by the governor or, if not16
signed by the governor, upon expiration of the time for bills to become law without signature17
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If18
vetoed by the governor and subsequently approved by the legislature, this Act shall become19
effective on the day following such approval.20
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: