HLS 14RS-939 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 759
BY REPRESENTATIVE NORTON
MEDICAID: Requires that La. Medicaid eligibility standards conform to those established
by the Affordable Care Act
AN ACT1
To enact Chapter 8-B of Title 46 of the Louisiana Revised Statutes of 1950, to be comprised2
of R.S. 46:979.11 through 979.13, relative to the medical assistance program; to3
prescribe medical assistance program eligibility criteria; to require state participation4
in the expansion of medical assistance program eligibility provided in federal law;5
to provide for definitions; to provide for legislative findings and intent; and to6
provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Chapter 8-B of Title 46 of the Louisiana Revised Statutes of 1950,9
comprised of R.S. 46:979.11 through 979.13, is hereby enacted to read as follows: 10
CHAPTER 8-B. FEDERALLY PROVIDED11
MEDICAL ASSISTANCE PROGRAM EXPANSI ON12
§979.11. Definitions13
As used in this Chapter, the following terms have the meaning ascribed to14
them in this Section:15
(1) "ACA" and "Affordable Care Act" mean the following acts of congress,16
collectively:17
(a) The Patient Protection and Affordable Care Act, which originated as H.R.18
3590 in the One Hundred Eleventh United States Congress and became Public Law19
111-148.20 HLS 14RS-939 ORIGINAL
HB NO. 759
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(b) The Health Care and Education Reconciliation Act, which originated as1
H.R. 4872 in the One Hundred Eleventh United States Congress and became Public2
Law 111-152.3
(2) "Centers for Medicare and Medicaid Services" means the division of the4
United States Department of Health and Human Services which administers and5
regulates the Medicaid program.6
(3) "Department" means the Department of Health and Hospitals.7
(4) "Medicaid" and "medical assistance program" mean the medical8
assistance program provided for in Title XIX of the Social Security Act.9
(5) "Secretary" means the secretary of the Department of Health and10
Hospitals.11
§979.12. Legislative findings; purpose12
A. The Legislature of Louisiana hereby finds and declares the following:13
(1) The Affordable Care Act, referred to hereafter in this Chapter as the14
"ACA", sets forth health policy reforms that reshape the way virtually all Americans15
will receive and finance their health care.16
(2) In a decision announced on June 28, 2012, the Supreme Court of the17
United States in National Federation of Independent Business Et Al. v. Sebelius,18
Secretary of Health and Human Services, Et Al. upheld the overall constitutionality19
of the ACA; but in the same ruling, a majority of the court held that the mandatory20
expansion of Medicaid eligibility as provided in the ACA is unconstitutionally21
coercive of states, thereby making participation in the Medicaid expansion a22
voluntary proposition for each state.23
(3) The Legislative Fiscal Office estimated in 2013 that had Louisiana24
implemented Medicaid expansion beginning January 1, 2014, the State General Fund25
savings to result from the expansion would have been one hundred six million to one26
hundred eleven million dollars per year from 2014 through 2018, totaling five27
hundred thirty-two million to five hundred fifty-four million dollars in State General28
Fund savings for the period.29 HLS 14RS-939 ORIGINAL
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(4) The legislature declares that due to compelling moral and economic1
reasons, participation in the expansion of Medicaid eligibility is in the best interest2
of this state.3
B. The purposes of this state in expanding Medicaid eligibility to conform4
to the standards established by the ACA, as provided in this Chapter, are as follows:5
(1) To maximize the number of Louisianians who are covered by some form6
of health insurance.7
(2) To provide basic health coverage to the working poor of the state who8
are not offered insurance through their employer and do not earn enough money to9
meet basic family needs and pay for private health insurance.10
(3) To assure health care providers who serve low- to moderate-income11
persons of some amount of compensation for the care they provide, as the ACA12
provides for a dramatic reduction in funding to federal programs which currently13
finance care for the uninsured as a means of financing the Medicaid expansion.14
(4) To avert the economic and human costs of crises in both access to health15
care and health services financing which are likely to result from not participating16
in the expansion of Medicaid while other federal sources of financing for medical17
care for the uninsured and the indigent are being drastically reduced or eliminated.18
§979.13. Expansion of Medicaid eligibility; duties of the secretary of the19
Department of Health and Hospitals20
On or before October 1, 2014, the secretary of the department shall take all21
of the following actions in order to expand Medicaid eligibility:22
(1) File a Medicaid state plan amendment with the Centers for Medicare and23
Medicaid Services to provide that eligibility standards for medical assistance24
program benefits in Louisiana conform to the minimum eligibility standards as25
provided in the Patient Protection and Affordable Care Act (P.L. 111-148) and26
codified in federal regulations relative to medical assistance program coverage (4227
CFR 435.119).28 HLS 14RS-939 ORIGINAL
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(2) Promulgate all rules and regulations in accordance with the1
Administrative Procedure Act as are necessary to implement the provisions of this2
Chapter.3
Section 2. This Act shall become effective upon signature by the governor or, if not4
signed by the governor, upon expiration of the time for bills to become law without signature5
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If6
vetoed by the governor and subsequently approved by the legislature, this Act shall become7
effective on the day following such approval.8
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)]
Norton HB No. 759
Abstract: Requires that La. Medicaid eligibility standards conform to those established by
the Affordable Care Act.
Proposed law requires the secretary of the Dept. of Health and Hospitals to take actions on
or before Oct. 1, 2014, as are necessary to cause this state's participation in the expansion
of Medicaid eligibility as provided by the Affordable Care Act (ACA). Provides that such
actions shall include:
(1)Filing the Medicaid state plan amendment necessary to expand eligibility in
accordance with proposed law.
(2)Promulgating all rules and regulations as are necessary to expand Medicaid
eligibility in accordance with proposed law.
Proposed law declares that the purposes of the state in expanding Medicaid eligibility as
provided in proposed law are as follows:
(1)To maximize the number of Louisianians who are covered by some form of health
insurance.
(2)To provide basic health coverage to the working poor of the state who are not offered
insurance through their employer and do not earn enough money to meet basic
family needs and pay for private health insurance.
(3)To assure health care providers who serve low- to moderate-income persons of some
amount of compensation for the care they provide, as the ACA provides for a
dramatic reduction in funding to federal programs which currently finance care for
the uninsured as a means of financing the Medicaid expansion.
(4)To avert the economic and human costs of crises in both access to health care and
health services financing which are likely to result from not participating in the
expansion of Medicaid while other federal sources of financing for medical care for
the uninsured and the indigent are being drastically reduced or eliminated. HLS 14RS-939 ORIGINAL
HB NO. 759
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Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 46:979.11-979.13)