ENROLLED
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Regular Session, 2013
HOUSE BILL NO. 533
BY REPRESENTATIVES KLECKLEY AND LEGER AND SENATORS JOHNS, MILLS,
AND TARVER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
A JOINT RESOLUTION1
Proposing to add Article VII, Section 10.14 of the Constitution of Louisiana, to provide2
relative to health care funding; to create the Louisiana Medical Assistance Trust3
Fund as a treasury fund; to provide for accounts within the Louisiana Medical4
Assistance Trust Fund; to provide for deposit, use, and investment of the fund; to5
provide for a base rate for certain Medicaid Program provider funding; to provide for6
submission of the proposed amendment to the electors; and to provide for related7
matters.8
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members9
elected to each house concurring, that there shall be submitted to the electors of the state of10
Louisiana, for their approval or rejection in the manner provided by law, a proposal to add11
Article VII, Section 10.14 of the Constitution of Louisiana, to read as follows:12
ยง10.14. Louisiana Medical Assistance Trust Fund13
(A) There is hereby established as a special fund in the state treasury the14
Louisiana Medical Assistance Trust Fund, hereinafter referred to as "the fund",15
which shall consist of monies generated by fees as provided for in law. Subject to16
the exceptions contained in Article VII, Section 9(A) of this constitution, and after17
compliance with the requirements of Article VII, Section 9(B) of this constitution18
relative to the Bond Security and Redemption Fund, the treasurer shall deposit all19
proceeds from the fees collected as provided for in laws relative to the Louisiana20
Medical Assistance Trust Fund into the fund. The monies in the fund shall be21
invested by the state treasurer in the same manner as monies in the state general22
fund. All interest earned from the investment of monies in the fund shall be23 ENROLLEDHB NO. 533
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deposited in and remain to the credit of the fund. All unexpended and unencumbered1
monies remaining in the fund at the close of each fiscal year shall remain in the fund.2
(B) The treasurer is hereby authorized to establish a separate account within3
the fund for each health care provider group in which fees are collected according4
to law. Monies collected from each provider group, and the interest earned on those5
monies, shall be deposited into the account created for that provider group. Any6
monies deposited into the fund from sources not required by law, and the interest7
earned on those monies, shall be deposited into a separate account within the fund,8
hereafter referred to as "the general account".9
(C) The legislature is authorized to appropriate monies from the fund only10
if the appropriation is eligible for federal financial participation under Title XIX of11
the Social Security Act, or its successor. The balance of each account shall be12
appropriated for reimbursement of services to the provider group which paid the fee13
into the account in any fiscal year, except monies deposited into the general account14
may be appropriated for any Medicaid Program expenditure.15
(D) The monies appropriated from the provider accounts in the fund shall not16
be used to displace, replace, or supplant appropriations from the state general fund17
for the Medicaid Program below the amount of state general fund appropriations to18
the Medicaid Program for Fiscal Year 2013-2014.19
(E)(1) The legislature shall annually appropriate the funds necessary to20
provide for Medicaid Program rates for each provider group which pays fees into the21
fund that is no less than the average Medicaid Program rates established for Fiscal22
Year 2013-2014 and which may be adjusted annually by establishing the rates of23
inflation, or rebasing if applicable, which rates shall not be negative, to be applied24
to the base rates to establish the new base rates for the next fiscal year as authorized25
by law. For the purpose of this Section, "Medicaid Program" shall refer to the26
Louisiana medical assistance program provided for in Title XIX of the Social27
Security Act, or its successor.28
(2) Notwithstanding Article VII, Section 10(F) of this constitution, neither29
the governor nor the legislature may reduce the base rate as provided for in this30 ENROLLEDHB NO. 533
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Paragraph to satisfy a budget deficit, except the governor may reduce the1
appropriation for the base rate if the following occur:2
(a) Such reduction does not exceed the average reduction of those made to3
the appropriations and reimbursement for other providers under the Medicaid4
Program, or its successor; and5
(b)(i) If the legislature is in session, the reduction is consented to in writing6
by two-thirds of the elected members of each house in a manner provided by law; or7
(ii) If the legislature is not in session, the reduction is approved by two-thirds8
of the members of the Joint Legislative Committee on the Budget, or its successor.9
Section 2. Be it further resolved that this proposed amendment shall be submitted10
to the electors of the state of Louisiana at the statewide election to be held on November 4,11
2014, or the first statewide election occurring after the adoption of this Joint Resolution.12
Section 3. Be it further resolved that on the official ballot to be used at the election,13
there shall be printed a proposition, upon which the electors of the state shall be permitted14
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as15
follows:16
Do you support an amendment to authorize the legislature to create the17
Louisiana Medical Assistance Trust Fund, for the payment of Medicaid18
reimbursement to the health care provider groups paying fees into the fund?19
(Adds Article VII, Section 10.14)20
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE