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)]
James HB No. 814
Abstract: Extends right of Medicaid recovery in cases of third party liability for injury, illness,
or death to Medicaid managed care organizations that contract with the Dept. of Health
and Hospitals to provide covered services to Medicaid enrollees.
Present law provides that in cases of injury, illness, or death that create third party liability or
obligate third party payment of damages, the Department of Health and Hospitals (DHH) shall
have a cause of action against such third party to recover medical assistance payments obligated
or paid on behalf of the injured, ill, or deceased person in connection with the injury, illness, or
death. Provides for notice, pleadings, compromise, and prescription in such recovery cases.
Proposed law retains present law and extends the right of Medicaid recovery conferred therein
upon DHH to Medicaid managed care organizations.
Proposed law defines "Medicaid managed care organization" as any private entity that contracts
with DHH to provide Medicaid benefits and services to Medicaid enrollees.
(Amends R.S. 46:446)
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Changed inconsistent references to assistance and medical payments to the phrase
"medical assistance payments".
2. Specified that DHH, a Medicaid managed care organization, or both, shall have a
cause action to recover medical assistance payments.
3. Added technical amendments.