HLS 14RS-1258 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 889
BY REPRESENTATIVE HOLLIS
HEALTH CARE: Establishes a fund to educate Louisiana citizens on ways to opt out of the
Affordable Care Act
AN ACT1
To enact R.S. 36:259(Y) and 802.24 and Part LXXV of Chapter 5 of Title 40 of the2
Louisiana Revised Statutes of 1950, to be comprised of R.S. 40:1300.381 through3
1300.385, relative to the Louisiana Health Care Independence Fund; to provide for4
purposes of the fund; to create and provide for a governance board for the fund; to5
provide for transfer of entities to the Department of Health and Hospitals for the6
purpose of conferring rulemaking authority; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 36:259(Y) and 802.24 are hereby enacted to read as follows:9
§259. Transfer of agencies and functions to Department of Health and Hospitals10
* * *11
Y. The Louisiana Health Care Independence Fund Board (R.S. 40:1300.384)12
is hereby placed within the Department of Health and Hospitals and shall exercise13
and perform its powers, duties, functions, and responsibilities in the manner provided14
in R.S. 36:802.24.15
* * *16
§802.24. Transfer; Louisiana Health Care Independence Fund Board17
The Louisiana Health Care Independence Fund Board, transferred by the18
provisions of R.S. 36:259(Y), is transferred to and placed within the Department of19
Health and Hospitals and shall continue to be composed and selected as provided by20 HLS 14RS-1258 ORIGINAL
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law, and shall continue to exercise all of the powers, duties, functions, and1
responsibilities as provided in Part LXXV of Chapter 5 of Title 40 of the Louisiana2
Revised Statutes of 1950.3
Section 2. Part LXXV of Chapter 5 of Title 40 of the Louisiana Revised Statutes of4
1950, comprised of R.S. 40:1300.381 through 1300.385, is hereby enacted to read as5
follows: 6
PART LXXV. LOUISIANA HEALTH CARE INDEPENDENCE ACT7
§1300.381. Short title8
This Part shall be known and may be cited as the "Louisiana Health Care9
Independence Act".10
§1300.382. Purpose and goals11
The provisions of this Part establish the Louisiana Health Care Independence12
Fund as a special fund within the state treasury to support efforts to educate13
Louisiana citizens on ways by which they may opt out of the requirements set forth14
in the Patient Protection and Affordable Care Act, comprised of Public Law 111-14815
and Public Law 111-152.16
§1300.383. Louisiana Health Care Independence Fund; creation17
A. The Louisiana Health Care Independence Fund, hereafter referred to as18
the "fund", is hereby created as a special fund in the state treasury. The source of19
monies for the fund may include but shall not be limited to any appropriation by the20
legislature, including federal funds; any public or private donations, gifts, or grants21
from individuals, corporations, nonprofit organizations, or other business entities;22
and any other monies which may be provided by law.23
B. All money received by the fund, except as otherwise provided by Article24
VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and25
Redemption Fund, shall be deposited immediately upon receipt into the state26
treasury.27
C. The monies in the fund shall be invested by the state treasurer in the same28
manner as monies in the state general fund. Interest earned on the investment of29 HLS 14RS-1258 ORIGINAL
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monies in the fund shall be credited to the fund following compliance with the1
requirements of Article VII, Section 9(B) of the Constitution of Louisiana. All2
unexpended and unencumbered monies in the fund at the end of each fiscal year shall3
remain in the fund.4
D. The monies in the fund shall be used solely for the purposes provided in5
this Chapter. Monies disbursed from the fund shall not displace, replace, or supplant6
funding for any other program of the state.7
§1300.384. Governing board; authority; duties8
A. There is hereby established within the Department of Health and9
Hospitals the Louisiana Health Care Independence Fund Board, hereafter referred10
to as the "board", which shall be composed as provided in Subsection B of this11
Section. The secretary of the Department of Health and Hospitals shall take such12
actions as are necessary to have the roster of initial board members compiled on or13
before September 1, 2014, and to convene the first meeting of the board on or before14
November 1, 2014.15
B. The board shall be composed of seven members as follows:16
(1) Three members appointed by the governor, at least one of whom shall be17
a representative of a nonprofit economic development organization or statewide18
association of businesses or industry.19
(2) Two members appointed by the secretary of the Department of Health20
and Hospitals.21
(3) Two members appointed by the commissioner of insurance.22
C. Board members shall serve without compensation and shall receive no per23
diem.24
D. A simple majority of the members of a board shall constitute a quorum25
for the transaction of business. At its first meeting and annually thereafter with at26
least two-thirds of the members present, the board shall elect one of its members as27
chairman, one member as vice chairman, and one member as secretary.28 HLS 14RS-1258 ORIGINAL
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E. The board shall adopt bylaws to provide for the governance of the board.1
The bylaws shall include but not be limited to procedures and grounds for the2
removal of any board member. Grounds for removal shall include conviction of a3
felony and may include failure to meet board attendance rules as provided in the4
bylaws.5
F. Procedures for filling a vacancy created by the removal, resignation, or6
death of any board member prior to the end of the board member's term shall follow7
those used for initial appointments.8
§1300.385. Guidelines for programs9
A. Programs of the Louisiana Health Care Independence Fund shall be10
administered in accordance with rules and policies duly promulgated by the board.11
B. The board shall promulgate rules and regulations governing the use of12
monies of the Louisiana Health Care Independence Fund and shall adopt policies for13
governance of any program or funding action that it implements prior to initiation14
of the program or funding action. The use of all grant funds shall be subject to audit15
by the legislative auditor.16
C. The board shall delineate the programs which it implements and the17
functions that each program fulfills.18
D. Grants and other funding of the Louisiana Health Care Independence19
Fund shall be committed only to not-for-profit entities that provide one or more of20
the following:21
(1) Consumer education and advocacy.22
(2) Health policy research.23
(3) Citizen education on civil rights and liberties.24
Section 2. The Louisiana State Law Institute is hereby authorized and requested to25
redesignate the number of any Section, Part, or any other segment of statute amended or26
enacted by this Act in a manner that comports with the provisions of the Act which27
originated as House Bill No. 667 of this 2014 Regular Session of the Legislature.28 HLS 14RS-1258 ORIGINAL
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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)]
Hollis HB No. 889
Abstract: Establishes a fund to educate Louisiana citizens on ways to opt out of the
Affordable Care Act, also known as "Obamacare".
Proposed law provides for the Louisiana Health Care Independence Act. Provides that the
purpose of proposed law is to support efforts to educate La. citizens on ways by which they
may opt out of the requirements set forth in the Patient Protection and Affordable Care Act,
also known as "Obamacare".
Proposed law creates the Louisiana Health Care Independence Fund, referred to hereafter
as the "fund", as a special fund in the state treasury. Provides that the source of monies for
the fund may include but shall not be limited to any appropriation by the legislature,
including federal funds; any public or private donations, gifts, or grants from individuals,
corporations, nonprofit organizations, or other business entities; and any other monies which
may be provided by law.
Proposed law establishes a governance board for the fund, referred to hereafter as the
"board". Provides that the board shall be composed of seven members as follows:
(1)Three members appointed by the governor, at least one of whom shall be a
representative of a nonprofit economic development organization or statewide
association of businesses or industry.
(2)Two members appointed by the secretary of the Dept. of Health and Hospitals.
(3)Two members appointed by the commissioner of insurance.
Proposed law requires the board to promulgate rules and regulations governing the use of
monies of the fund, and to adopt policies for governance of any program or funding action
that it implements prior to initiation of the program or funding action. Provides that the use
of all grant funds shall be subject to audit by the legislative auditor.
Proposed law stipulates that grants made and other funding committed pursuant to proposed
law shall be disbursed only to not-for-profit entities that provide one or more of the
following:
(1)Consumer education and advocacy.
(2)Health policy research.
(3)Citizen education on civil rights and liberties.
(Adds R.S. 36:259(Y) and 802.24 and R.S. 40:1300.381-1300.385)