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Regular Session, 2013
HOUSE RESOLUTION NO. 105
BY REPRESENTATIVES HOFFMANN, ANDERS, BARROW, STUART BISHOP,
BURFORD, HENRY BURNS, CHANEY, COX, HARRIS, HAVARD, HENRY,
HENSGENS, HILL, HODGES, IVEY, LEBAS, LOPINTO, JAY MORRIS,
ORTEGO, PEARSON, POPE, SCHRODER, SIMON, STOKES, WHITNEY,
PATRICK WILLIAMS, AND WILLMOTT
GOVERNMENTAL REGULATIONS: Requests various state and local entities to take
certain actions regarding construction and operation by Planned Parenthood of a
facility to provide abortions in La.
A RESOLUTION1
To urge and request various state and local departments to take certain actions regarding the2
commercial construction and operation by Planned Parenthood Gulf Coast of a3
facility in Louisiana to provide abortions, and to urge suspension of grants and4
reimbursements pursuant to any contract or Medicaid provider agreement pending5
investigation of fraudulent billing practices alleged in two federal lawsuits.6
WHEREAS, Planned Parenthood Federation of America is a private nonprofit7
organization that provides sexuality education and reproductive health services, and is the8
largest provider of abortions in the United States; and9
WHEREAS, Planned Parenthood facilities in New Orleans and Baton Rouge have10
been operating since 1984 to provide sexuality education and reproductive health services,11
but have never before provided abortions; and12
WHEREAS, in 2005, Planned Parenthood of Houston and Southeast Texas entered13
into a management agreement with Planned Parenthood of Louisiana and the Mississippi14
Delta; and15
WHEREAS, in 2010, the non-abortion-providing Planned Parenthood facilities in16
Louisiana merged with the abortion-providing affiliates of Planned Parenthood Houston and17
Southeast Texas, Inc., to form the new umbrella organization headquartered in Houston18
known as Planned Parenthood Gulf Coast, referred to hereafter as "PPGC", which operates19
twelve clinics: seven in the Houston area, three in southeast Texas, and two in Louisiana;20
and21 HLS 13RS-2506 ENGROSSED
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WHEREAS, PPGC has purchased three parcels of land on Claiborne Avenue in New1
Orleans and plans to construct a four million two hundred thousand dollar, seven thousand2
square foot facility where they intend to start performing abortions in Louisiana, according3
to their own legislative testimony and fundraising materials; and4
WHEREAS, the state of Louisiana has various economic incentive programs for5
commercial construction and labor for certain businesses; and6
WHEREAS, local permits for the commercial construction of facilities that intend7
to seek state licensure as an outpatient abortion facility should require the permitting8
authority's approval of plans for the sanitary disposal of human remains for the safety and9
welfare of Louisiana residents; and10
WHEREAS, in addition to abortion services, PPGC also intends its Claiborne11
Avenue facility to provide other services including contraception and sexually transmitted12
disease testing that are available at public health units and at nonprofit facilities throughout13
the Louisiana region under the same Medicaid pricing structure used by Planned Parenthood;14
and15
WHEREAS, the two clinics in New Orleans and Baton Rouge receive government16
payments pursuant to a Medicaid provider agreement issued by the Department of Health17
and Hospitals which total approximately one million dollars a year in fee-for-service18
Medicaid reimbursements for non-abortion reproductive health services, according to19
legislative committee testimony given by a PPGC representative; and20
WHEREAS, the pre-2010 Louisiana Medicaid provider agreement was with the21
non-abortion providing Planned Parenthood of Louisiana and the Mississippi Delta, and that22
provider agreement is now with PPGC whose Texas clinics currently provide elective23
abortion, and whose planned Claiborne Avenue clinic in New Orleans intends to provide24
abortion; and25
WHEREAS, federal and Louisiana laws regulate which services are reimbursable26
under Medicaid and provide for the practice of employees of public or private social service27
agencies with regard to abortion; and28 HLS 13RS-2506 ENGROSSED
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WHEREAS, R.S. 40:1299.34.5 provides that no public funds shall be used in any1
way for, to assist in, or to provide facilities for an abortion, except when the abortion is2
medically necessary to prevent the death of the mother; and3
WHEREAS, R.S. 40:1299.34 provides that no person employed in any public or4
private social service agency, by contract or otherwise, which is a recipient of any form of5
governmental assistance, shall require or recommend that any woman have an abortion; and6
WHEREAS, a PPGC representative has stated publicly in legislative committee7
testimony that Planned Parenthood, as part of comprehensive pregnancy counseling,8
provides options for all available resources including abortion referral if requested; and9
WHEREAS, two lawsuits by former employees are pending against PPGC alleging10
up to five million dollars in Medicaid fraud pursuant to the federal False Claims Act, 3111
U.S.C. 3729 et seq., and such lawsuits include the following:12
(1) An allegation that PPGC trained and instructed the employees at its twelve13
regional clinics to bill the government for medical services that were not medically14
necessary, medical services that were not actually provided, services that are not covered by15
Medicaid, and to falsify information in patient medical charts.16
(2) An allegation that employees from each PPGC clinic were trained in PPGC's17
corporate scheme for maximizing clinic profits through the Women's Health Program,18
Medicaid, and Title XX grants and reimbursements, including an express policy of billing19
these government health care programs for a predetermined list of reimbursable services for20
every eligible patient who visited the clinic, regardless of whether those services were21
medically necessary or ever actually provided to the patient.22
(3) An allegation that a PPGC memorandum was given to employees which23
explicitly instructed them on how to fraudulently bill government programs for post-abortion24
patient visits, including an express instruction to document in a patient chart that the reason25
for the patient's visit was to have the Well Woman Exam in instances when the patient had26
indicated that the purpose of the visit was a post-abortion follow-up.27
(4) An allegation that members of Planned Parenthood's key management team28
instructed PPGC staff to provide auditors with charts that had been "fixed" regarding29 HLS 13RS-2506 ENGROSSED
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abortion on minor girls to ensure that required documentation, especially with regard to1
parental consent and non-coercion, was included in each client file; and2
WHEREAS, disregard for parental involvement for minors and non-coercion laws3
endangers the health and safety of Louisiana's women and girls, and facilitates4
sex-trafficking, sexual tourism, and prostitution of minors; and5
WHEREAS, the state of Louisiana has a responsibility to ensure that organizations6
operate in compliance with all laws, and if laws are being violated, to take appropriate7
actions against such organizations; and8
WHEREAS, it is in the interest of this state to protect the fiscal and programmatic9
integrity of the medical assistance program.10
THEREFORE, BE IT RESOLVED that the House of Representatives of the11
Legislature of Louisiana does hereby urge and request the Department of Health and12
Hospitals, the division of administration, the legislative auditor, and the office of the13
inspector general to investigate and monitor the practices of Planned Parenthood Gulf Coast14
to determine whether the organization is in compliance with all state and federal laws and15
regulations, including but not limited to provisions concerning state funding of abortion16
facilities, R.S. 40:1299.34.5, the counseling or recommendation of abortion by state17
contractors, R.S. 40:1299.34, the mandatory reporting of child sexual abuse pursuant to18
Articles 603, 609, and 610 of the Louisiana Children's Code, and R.S. 14:80 regarding19
felony carnal knowledge of a juvenile, parental consent for minors seeking abortion20
requirements, R.S. 40:1299.35.5, and the informed consent and signage requirements of R.S.21
40:1299.35.5.1 and 1299.35.6.22
BE IT FURTHER RESOLVED that the House of Representatives of the Legislature23
of Louisiana does hereby urge and request the Department of Health and Hospitals to24
immediately suspend all grants and reimbursements pursuant to its Medicaid provider25
agreement or any other state contract with Planned Parenthood Gulf Coast during the26
pendency of an onsite investigation conducted in accordance with the Medical Assistance27
Programs Integrity Law, R.S. 46:437.1 et seq.; the Surveillance and Utilization Review28
Subsystem (SURS) Rule, LAC 50:I.4101 et seq.; all relevant state and federal laws and29
regulations; and in light of a thorough legal review and independent investigation by the30 HLS 13RS-2506 ENGROSSED
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Department of Health and Hospitals, the legislative auditor, and the state inspector general1
of the allegations made in the federal court complaints and related discovery and court2
pleadings regarding the alleged fraudulent billing practices of Planned Parenthood Gulf3
Coast in the matters of Reynolds v. Planned Parenthood Gulf Coast, No. 9:09-cv-001244
(E.D. TX, Lufkin Division), and United States and the State of Texas ex rel. Abby Kristen5
Johnson v. Planned Parenthood Gulf Coast, No. CV-H-cv-3496 (S.D. Texas, Houston6
Division).7
BE IT FURTHER RESOLVED that the Department of Health and Hospitals, the8
legislative auditor, and the state inspector general shall report the results of the investigations9
conducted to the House Committee on Health and Welfare upon completion of the10
investigations, and no later than the date of convening of the 2014 Regular Session of the11
Legislature.12
BE IT FURTHER RESOLVED that the House of Representatives of the Legislature13
of Louisiana does hereby urge and request that any application for economic incentives of14
any kind filed by Planned Parenthood Gulf Coast or any of its abortion-providing affiliates15
to construct, purchase, or operate any facility, or to employ any individuals therein, be16
denied by the Department of Economic Development, the Louisiana Workforce17
Commission, or any other department, and that any application for any economic incentive18
filed by Planned Parenthood Gulf Coast be reported to the House Committee on Health and19
Welfare and the House Committee on Commerce by the department receiving such20
application.21
BE IT FURTHER RESOLVED that the House of Representatives of the Legislature22
of Louisiana does hereby urge and request that the City of New Orleans Department of23
Safety and Permits and the permitting authority of any other city in which Planned24
Parenthood Gulf Coast seeks to construct or operate an outpatient abortion facility require25
plans for the sanitary disposal of human remains for the safety and welfare of Louisiana26
residents.27
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the28
secretary of the Department of Health and Hospitals, the commissioner of administration,29
the secretary of the Department of Economic Development, the executive director of the30 HLS 13RS-2506 ENGROSSED
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Louisiana Workforce Commission, the legislative auditor, the state inspector general, and1
the City of New Orleans Department of Safety and Permits.2
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Hoffmann HR No. 105
Urges and requests the following:
(1)That DHH, DOA, the legislative auditor, and the office of the inspector general
investigate and monitor the practices of Planned Parenthood Gulf Coast to determine
whether the organization is in compliance with all state and federal laws and
regulations.
(2)That DHH immediately suspend all grants and reimbursements pursuant to its
Medicaid provider agreement or any other state contract with Planned Parenthood
Gulf Coast during the pendency of an onsite investigation conducted in accordance
with the Medical Assistance Programs Integrity Law, the Surveillance and
Utilization Review Subsystem Rule, all relevant state and federal laws and
regulations; and in light of a thorough legal review and independent investigation by
DHH, the legislative auditor, and the state inspector general of the allegations made
in the federal court complaints and related discovery and court pleadings regarding
the alleged fraudulent billing practices of Planned Parenthood Gulf Coast in the
matters of Reynolds v. Planned Parenthood Gulf Coast and United States and the
State of Texas ex rel. Abby Kristen Johnson v. Planned Parenthood Gulf Coast.
(3)That the results of the investigations called for in proposed Resolution be reported
to the House Committee on Health and Welfare upon completion, and no later than
the date of convening of the 2014 R.S.
(4)That any application for economic incentives of any kind filed by Planned
Parenthood Gulf Coast or any of its abortion-providing affiliates to construct,
purchase, or operate any facility, or to employ any individuals therein, be denied by
DED, LWC, or any other department, and that any application for any economic
incentive filed by Planned Parenthood Gulf Coast be reported to the House
Committee on Health and Welfare and the House Committee on Commerce by the
department receiving such application.
(5)That the City of New Orleans Department of Safety and Permits and the permitting
authority of any other city in which Planned Parenthood Gulf Coast seeks to
construct or operate an outpatient abortion facility require plans for the sanitary
disposal of human remains.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill.
1. Added provision specifying the location of certain clinics.
2. Added provision requesting that DHH immediately suspend all grants and
reimbursements pursuant to its Medicaid provider agreement or any other state
contract with Planned Parenthood Gulf Coast during the pendency of an onsite
investigation conducted in accordance with the Medical Assistance Programs HLS 13RS-2506 ENGROSSED
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Integrity Law, the Surveillance and Utilization Review Subsystem (SURS) Rule,
all relevant state and federal laws and regulations; and in light of a thorough legal
review and independent investigation by DHH, the legislative auditor, and the
state inspector general of the allegations made in the federal court complaints
and related discovery and court pleadings regarding the alleged fraudulent billing
practices of Planned Parenthood Gulf Coast in the matters of Reynolds v.
Planned Parenthood Gulf Coast and United States and the State of Texas ex rel.
Abby Kristen Johnson v. Planned Parenthood Gulf Coast.
3. Added provision requesting that the results of the investigations called for in
proposed Resolution be reported to the House Committee on Health and Welfare
upon completion, and no later than the date of convening of the 2014 R.S.