The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Christine Arbo Peck.
DIGEST
SB 38 Original 2016 Regular Session Gatti
Proposed law provides that the Department of Health and Hospitals shall not reimburse a hospital
emergency room or hospital emergency department at the rate established for emergent care if the
Medicaid recipient receiving such care presents for nonemergency services.
Proposed law provides that all nonemergent services rendered at a hospital emergency room or
emergency department shall be reimbursed at the same rate paid for outpatient clinic services.
Proposed law defines "nonemergency services" as services provided by a hospital emergency room
or emergency department for the treatment of any medical condition other than an "emergency
medical condition".
Proposed law defines "emergency medical condition" as a medical condition manifesting itself by
acute symptoms of sufficient severity, including but not limited to severe pain, that the absence of
immediate medical attention could reasonably be expected to result in placing the health of the
patient in serious jeopardy, in serious impairment to bodily functions, or in serious dysfunction of
any bodily organ or part.
Proposed law provides that DHH shall promulgate rules and regulations to implement proposed law.
Effective August 1, 2016.
(Adds R.S. 46:450.7)