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)]
HB 450 Original 2015 Regular Session Schexnayder
Abstract: Creates the Home Health Agency Trust Fund and provides for the deposit of fines and
penalties against home health agencies into the fund.
Present law provides for civil fines for healthcare facilities that violate state licensing and registration
requirements. Home health agencies are one type of facility that are subject to fines if they do not
follow state licensing and registration requirements in present law.
Present law further authorizes the Department of Health and Hospitals to collect the fines from
healthcare facilities and creates the Health Care Facility Fund into which the collected fines are
deposited.
Proposed law retains present law and exempts fines collected from home health agencies from
deposit into the Health Care Facility Fund.
Proposed law creates the Home Health Agency Trust Fund and deposits civil fines collected from
home health agencies as provided in present law and civil fines and monetary penalties imposed or
levied against home health agencies received from the Centers for Medicare and Medicare Services
into the fund. Further, the money in the fund shall be used solely in accordance with the provisions
of 42 CFR Part 488, federal regulations which in part provide for the collection of penalties against
home health agencies, and subject to approval by the Centers for Medicare and Medicaid Services
Proposed law directs the treasurer to transfer any civil fines or penalties from home health agencies
received from the Centers for Medicare and Medicaid Services prior to the creation of the HHA
Trust Fund into the HHA Trust Fund upon the effective date of proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 40:2199(F)(1); Adds R.S. 40:2199(G))