SLS 14RS-88 ORIGINAL
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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, 2014
SENATE BILL NO. 96
BY SENATOR NEVERS
MEDICAID. Constitutional amendment to direct the Department of Health and Hospitals
to offer health insurance with essential health benefits to every legal resident of Louisiana
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. (2/3-CA13s1(A))
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; and to specify an election for submission of the proposition to electors7
and provide a ballot proposition.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, for10
their approval or rejection in the manner provided by law, a proposal to add Article XII,11
Section 17 of the Constitution of Louisiana, to read as follows:12
ยง17. 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-eight16
percent of the federal poverty level access to health insurance with essential17 SB NO. 96
SLS 14RS-88 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
health benefits, as provided by federal law. The department shall make all1
necessary state Medicaid plan amendments or waiver applications to the federal2
government in order to access all federal funding available for the provision of3
health care services, including but not limited to funds available through The4
Patient Protection and Affordable Care Act, Public Law 111-148 and The5
Health Care and Education Reconciliation Act, Public Law 111-152, or any6
successors to these Acts. The legislature shall annually appropriate the state7
and federal revenues necessary to fund this program to provide health8
insurance for this eligible population, except that, if total funding to operate this9
state program is comprised of less than ninety percent federal funds, the10
legislature shall have the authority to decide whether to continue the program.11
Section 2. Be it further resolved that this proposed amendment shall be submitted12
to the electors of the state of Louisiana at the statewide election to be held on November 4,13
2014.14
Section 3. Be it further resolved that on the official ballot to be used at said election15
there shall be printed a proposition, upon which the electors of the state shall be permitted16
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as17
follows:18
Do you support an amendment that requires the Department of Health and19
Hospitals beginning January 1, 2015, to administer a state program which20
gives every legal resident of Louisiana whose income is at or below 138%21
of the federal poverty level access to health insurance with essential health22
benefits, as provided by federal law, and to allow the legislature to decide23
whether to continue that program if federal funding for the program falls24
below 90% of the total funding required to run the program?25
(Adds Article XII, Section 17)26 SB NO. 96
SLS 14RS-88 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Nevers (SB 96)
Proposed constitutional amendment directs the Department of Health and Hospitals effective
January 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 wavier 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 amendment to the voters at the statewide election to be held
on November 4, 2014.
(Adds Const. Art. XII, Sec.17)