HLS 16RS-996 ENGROSSED
2016 Regular Session
HOUSE BILL NO. 498
BY REPRESENTATIVE POPE
HEALTH CARE/FACILITIES: Institutes a moratorium on new pediatric day health facility
licenses
1 AN ACT
2To enact R.S. 40:2193.5, relative to pediatric day healthcare facilities; to provide for a
3 moratorium on additional licenses for such facilities; to provide for exceptions to the
4 moratorium; to provide for the duration of the moratorium; and to provide for related
5 matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 40:2193.5 is hereby enacted to read as follows:
8 ยง2193.5. Additional licenses; moratorium; exceptions
9 A. Except as provided in Subsection C of this Section, and subject to
10 approval by the Centers for Medicare and Medicaid Services, the Department of
11 Health and Hospitals shall implement a moratorium on additional licenses for
12 pediatric day healthcare facilities, and shall not approve any additional pediatric day
13 healthcare facilities.
14 B.(1) The prohibition established by the provisions of this Section shall
15 apply only to applications for new facilities not approved prior to July 1, 2016. The
16 prohibition shall become enforceable on July 1, 2016, and shall remain in effect until
17 July 1, 2017.
18 (2) The prohibition established by the provisions of this Section shall not
19 apply to the replacement of existing facilities.
20 C. The moratorium provided in this Section shall not apply in cases in which
21 a prospective pediatric day healthcare facility certifies to the department that it will
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-996 ENGROSSED
HB NO. 498
1 accept no payment for services that is funded wholly or in part by state funds,
2 including but not limited to reimbursement from the state Medicaid program. No
3 pediatric day healthcare facility that the department licenses pursuant to the
4 exception authorized in this Subsection may enroll as a provider in the Medicaid
5 program of this state.
6 Section 2. This Act shall become effective on July 1, 2016.
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 498 Engrossed 2016 Regular Session Pope
Abstract: Institutes a moratorium on new pediatric day health facility licenses to be
effective July 1, 2016, through July 1, 2017.
Present law provides for licensure and regulation of pediatric day healthcare facilities,
defined in present law as follows:
"Pediatric day healthcare facility" means a facility that may operate 7 days a week, not to
exceed 12 hours a day, to provide care for medically fragile children under the age of 21,
including technology-dependent children who require close supervision. Care and services
to be provided by the facility shall include but shall not be limited to nursing care;
respiratory care; physical, speech, and occupational therapies; assistance with aids of daily
living; transportation services; and education and training.
Proposed law retains present law.
Proposed law requires the Department of Health and Hospitals (DHH) to implement a
moratorium on additional licenses for pediatric day healthcare facilities.
Proposed law provides that the moratorium shall apply only to applications for new facilities
not approved prior to July 1, 2016. Provides that the moratorium shall become enforceable
on July 1, 2016, and shall remain in effect until July 1, 2017.
Proposed law provides that the moratorium shall not apply to the replacement of existing
facilities.
Proposed law provides an exception to the moratorium in cases in which a prospective
pediatric day healthcare facility certifies to DHH that it will accept no payment for services
that is funded wholly or in part by state funds, including but not limited to reimbursement
from the state Medicaid program. Provides that no pediatric day healthcare facility that
DHH licenses pursuant to this exception may enroll as a Medicaid provider.
Effective July 1, 2016.
(Adds R.S. 40:2193.5)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-996 ENGROSSED
HB NO. 498
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Decrease the duration of the moratorium from eight years to one year.
2. Provide an exception to the moratorium in cases in which a prospective pediatric
day healthcare facility certifies to DHH that it will accept no payment for
services that is funded wholly or in part by state funds, including but not limited
to reimbursement from the state Medicaid program.
3. Provide that no pediatric day healthcare facility that DHH licenses pursuant to
the exception detailed above may enroll as a Medicaid provider.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.