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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2013 ENROLLED
SENATE BILL NO. 76
BY SENATOR BUFFINGTON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 46:2623, relative to the Louisiana Medical Assistance Trust2
Fund; to provide for sub-accounts within the fund; to provide for the use of the fund;3
to provide for the disposition of health care provider fees; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 46:2623 is hereby amended and reenacted to read as follows:7
ยง2623. Louisiana Medical Assistance Trust Fund8
A. There is hereby established as a special fund in the state treasury the9
Louisiana Medical Assistance Trust Fund, hereinafter referred to as the "fund",10
which shall consist of monies generated by the fees on providers of health care11
services collected under the authority of R.S. 46:2625. The monies in the fund shall12
be available for appropriation by the legislature to the Medicaid program solely in13
order to accomplish the purposes of this Chapter as provided for in Subsection C14
of this Section. The monies in the fund shall be invested by the state treasurer in the15
same manner as monies in the state general fund. All interest earned from the16
investment of monies in the fund shall be deposited in and remain to the credit of the17
fund. All unexpended and unencumbered monies remaining in the fund at the close18
of each fiscal year shall remain in the fund.19
B. The monies from the fund as appropriated by the legislature shall be used20
and expended under the supervision of the secretary of the Department of Health and21
Hospitals for the Medicaid program. (1) Within the fund there shall be segregated22
sub-accounts, one for each health care provider group that pays fees pursuant23
ACT No. 409 SB NO. 76 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
to R.S. 46:2625. Monies collected from each health care provider group shall1
accrue to the sub-account of that health care provider group.2
(2) Monies shall be allocated, with accompanying federal matching3
money, to each of the health care provider groups in proportion to the amount4
of fees collected in each sub-account, based upon fees established by the5
Department of Health and Hospitals pursuant to R.S. 46:2625. Such allocation6
shall be calculated using collections data from the most recent four quarters for7
which data is available prior to the state fiscal year for which the allocation will8
be made.9
C.(1) Notwithstanding any other provisions of this Chapter, the10
legislature shall be authorized to appropriate as state funds to the department11
for use in any fiscal year, all revenues dedicated and deposited into each12
segregated sub-account. Such appropriations shall be made for the sole purpose13
to obtain federal financial participation in the provision of support to health14
care provider groups listed in R.S. 46:2625. Any appropriation from the15
segregated sub-accounts for any purpose other than medical assistance16
payments to health care provider groups listed in R.S. 46:2625 shall be void.17
(2) Appropriations from monies generated by health care provider group18
fees, including federal financial participation on those fees shall be expended as19
follows: for the fiscal year commencing July 1, 2013, and fiscal years thereafter,20
all of such appropriations in each sub-account shall be used for the purpose of21
Medicaid reimbursement payments to the health care provider groups22
generating those fees listed in R.S. 46:2625.23
C. D. The monies in the fund shall not be used to displace, replace, or24
supplant appropriations from the state general fund for the Medicaid program below25
the amount of state general fund appropriations to the agency for the 1992-199326
2012-2013 Fiscal Year.27
D. E. The state treasurer shall report the status of the fund and its sub-28
accounts at least quarterly to the secretary of the Department of Health and29
Hospitals and the Joint Legislative Committee on the Budget.30 SB NO. 76 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
E. Use of the monies in the fund shall be limited to those programs for which1
federal financial participation under Title XIX of the Social Security Act is available.2
Section 2. This Act shall become effective upon signature by the governor or, if not3
signed by the governor, upon expiration of the time for bills to become law without signature4
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.7
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: