HLS 14RS-1017 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 290
BY REPRESENTATIVE SMITH
MEDICAID: (Constitutional Amendment) Directs the Dept. of Health and Hospitals to
offer health insurance with essential health benefits to every legal resident of La.
whose income is at or below 138% of the federal poverty level, and to allow the
legislature to determine whether to continue the program when federal funding falls
below 90% of the total program funding
A JOINT RESOLUTION1
Proposing to add Article XII, Section 17 of the Constitution of Louisiana, relative to access2
to health care; to provide for a state-administered health insurance program3
providing essential health benefits for certain Louisiana residents; to provide for4
certain eligibility requirements; to provide for accessing of federal funds; to provide5
for annual legislative appropriation of certain funds; to provide for terms and6
conditions; to provide for submission of the proposed amendment to the electors; and7
to provide for related 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 XII, Section 17 of the Constitution of Louisiana, to read as follows:12
§17. Access to Health Care13
Section 17. Effective January 1, 2015, the Department of Health and14
Hospitals shall administer a state program which makes available to every legal15
resident of this state whose income is at or below one hundred thirty-eight percent16
of the federal poverty level access to health insurance with essential health benefits,17
as provided by federal law. The department shall make all necessary state Medicaid18 HLS 14RS-1017 ORIGINAL
HB NO. 290
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plan amendments or waiver applications to the federal government in order to access1
all federal funding available for the provision of health care services, including but2
not limited to funds available through The Patient Protection and Affordable Care3
Act, Public Law 111-148 and The Health Care and Education Reconciliation Act,4
Public Law 111-152, or any successors to these Acts. The legislature shall annually5
appropriate the state and federal revenues necessary to fund this program to provide6
health insurance for this eligible population, except that, if total funding to operate7
this state program is comprised of less than ninety percent federal funds, the8
legislature shall have the authority to decide whether to continue the program.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
2014.12
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 require the state, beginning January 1,17
2015, to administer a program which gives every legal resident of Louisiana18
whose income is at or below 138% of the federal poverty level access to19
health insurance with essential health benefits, as provided by federal law,20
and to allow the legislature to decide whether to continue the program if21
federal funding falls below 90% of the total funding required to run it?22
(Adds Article XII, Section 17)23
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)]
Smith HB No. 290
Abstract: Constitutional amendment directing the Dept. of Health and Hospitals to offer
health insurance with essential health benefits to every legal resident of La. whose
income is at or below 138% of the federal poverty level, and to allow the legislature HLS 14RS-1017 ORIGINAL
HB NO. 290
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
to determine whether to continue the program when federal funding falls below 90%
of the total program funding
Proposed constitutional amendment directs the Dept. of Health and Hospitals, effective Jan.
1, 2015, to administer a state program which makes available to every legal resident of this
state whose income is at or below 138% of the federal poverty level access to health
insurance with essential health benefits, as provided by federal law.
Proposed constitutional amendment provides that the department shall make all necessary
state Medicaid plan amendments or waiver applications to the federal government in order
to access all federal funding available for the provision of health care services, including but
not limited to funds available through the Affordable Care Act, or any successor to that Act.
Proposed constitutional amendment provides that the legislature shall annually appropriate
the state and federal revenues necessary to fund this program to provide health insurance for
this eligible population, except that, if total funding to operate this state program is
comprised of less than 90% federal funds, the legislature shall have the authority to decide
whether to continue the program.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 4, 2014.
(Adds Const. Art. XII, §17)