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) 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.