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2016 Regular Session
SENATE BILL NO. 443
BY SENATOR HEWITT
FISCAL CONTROLS. Provides for mandatory meetings of the Health and Social Services
Estimating Conference for purposes of developing budget recommendations for the
Medicaid program. (8/1/16)
1 AN ACT
2 To amend and reenact R.S. 39:21.3(E)(2)and (3) and to enact R.S. 39:21.3(E)(4), relative to
3 the Health and Social Services Estimating Conference; to provide for additional
4 members of the conference; to provide for the chairmanship of the conference; to
5 create a Medicaid Subcommittee; to provide for the composition and chairmanship
6 of the subcommittee; to provide for the meetings of the subcommittee for the
7 purpose of forecasting and reviewing information related to the Medicaid program;
8 to provide for budget development; and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 39:21.3(E)(2) and (3) are hereby amended and reenacted and R.S.
11 39:21.3(E)(4) is hereby enacted to read as follows:
12 ยง21.3. Consensus estimating conferences; duties and principals
13 * * *
14 E. Health and Social Services Estimating Conference.
15 * * *
16 (2) Principals. The principals of the Health and Social Services Estimating
17 Conference are as follows:
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1 (a) The chairman of the Senate Committee on Health and Welfare, or his
2 designee.
3 (b) The chairman of the House Committee on Health and Welfare, or his
4 designee.
5 (c) The chairman of the Senate Committee on Finance, or his designee.
6 (d) The chairman of the House Committee on Appropriations, or his
7 designee.
8 (e) The secretary of the Department of Health and Hospitals, or his
9 designee.
10 (f) The secretary of the Department of Children and Family Services, or
11 his designee.
12 (g) A member of the professional staff of the office of the governor to be
13 appointed by the governor.
14 (b)(h) A member of the professional staff of the division of administration
15 to be appointed by the commissioner of administration.
16 (c)(i) A member of the professional staff of the legislature who shall have
17 forecasting fiscal expertise to be appointed by the president of the Senate.
18 (d)(j) A member of the professional staff of the legislature who shall have
19 forecasting fiscal expertise to be appointed by the speaker of the House of
20 Representatives.
21 (e)(k) A member of the professional staff of the Department of Health and
22 Hospitals who shall have forecasting expertise to be appointed by the secretary of the
23 Department of Health and Hospitals.
24 (f)(l) A member of the professional staff of the Department of Children and
25 Family Services who shall have forecasting expertise to be appointed by the
26 secretary of the Department of Children and Family Services.
27 (m) The legislative fiscal officer, or his designee who shall have health
28 care experience.
29 (n) A faculty member specializing in health care economics from a public
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1 or private university in the state, selected by the other principal members, from
2 a list of as many as five, but not less than three names, submitted to them by the
3 Board of Regents.
4 (o) All professional staff members serving as principals shall collaborate
5 with the appropriate departments to provide the data necessary for the
6 conference, or subcommittee of the conference, to fulfill the duties specified in
7 Paragraphs (1) and (4) of this Subsection.
8 (3) Principal Principals to preside over meetings. The principal representing
9 the office of the governor shall preside over sessions of the conference. The
10 chairmanship of the conference shall rotate annually among the four legislative
11 committee chairmen serving as principals, in the following order:
12 (a) The chairman of the Senate Committee on Finance.
13 (b) The chairman of the House Committee on Appropriations.
14 (c) The chairman of the Senate Committee on Health and Welfare.
15 (d) The chairman of the House Committee on Health and Welfare.
16 (4) Medicaid Subcommittee. There shall be a Medicaid Subcommittee
17 of the conference responsible for developing forecasts and reviewing
18 information related to the Medicaid Program, including but not limited to, the
19 number of Medicaid enrollees, the eligibility criteria under which individuals
20 are enrolling, the rate of utilization of services and growth in the cost of
21 services, provider reimbursement methodologies, and the factors considered in
22 developing the per-member-per-month premiums paid to the Medicaid
23 managed care companies.
24 (a) The membership of the subcommittee shall consist of the following
25 principals of the conference:
26 (i) The member of the professional staff of the division of administration
27 appointed by the commissioner of administration.
28 (ii) The member of the professional staff of the legislature who shall have
29 fiscal expertise and is appointed by the president of the Senate.
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1 (iii) The member of the professional staff of the legislature who shall
2 have fiscal expertise and is appointed by the speaker of the House of
3 Representatives.
4 (iv) The member of the professional staff of the Department of Health
5 and Hospitals who shall have forecasting expertise and is appointed by the
6 secretary of the Department of Health and Hospitals.
7 (v) The legislative fiscal officer, or his designee who shall have health
8 care experience.
9 (vi) The faculty member specializing in health care economics selected
10 by the members of the conference.
11 (b) The chairmanship of the subcommittee shall rotate biennially among
12 the professional legislative staff appointed by the president of the Senate and the
13 speaker of the House of Representatives, beginning with the professional Senate
14 staff member.
15 (c) The subcommittee shall meet as follows:
16 (i) In September, to establish an initial forecast for the ensuing fiscal
17 year which shall be utilized by the Department of Health and Hospitals in
18 formulating its budget request.
19 (ii) In December, to revise the forecast for the ensuing fiscal year which
20 shall be utilized in the preparation of the executive budget recommendations by
21 the state budget office.
22 (iii) In April, to revise the forecast for the ensuing fiscal year which shall
23 be utilized by the legislature in its adoption of a state budget for the ensuing
24 fiscal year.
25 (iv) In July, to discuss the forecast for the current fiscal year as
26 compared to the current year appropriation.
27 (v) In addition to considering the forecast, the subcommittee may also
28 review any aspects of the Medicaid program as provided for in Paragraph (4)
29 of this Subsection at its regularly scheduled meetings or any additional
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1 meetings, as necessary.
2 (vi) Any principal of the conference may request that the subcommittee
3 meet to discuss a specific issue.
4 (d) The subcommittee shall submit a report to the conference
5 summarizing all topics discussed and any actions taken at each meeting.
6 * * *
The original instrument was prepared by Martha Hess. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Linda Nugent.
DIGEST
SB 443 Reengrossed 2016 Regular Session Hewitt
Present law provides the duties of the Health and Social Services Estimating Conference to
be developing official information relating to the health and social service system of the
state, including forecasts of social and health service caseloads, as the conference determines
is needed for the state planning and budgeting system.
Present law provides for the principals of the Conference as:
(1)A member of the professional staff of the office of the governor to be appointed by
the governor.
(2)A member of the professional staff of the division of administration to be appointed
by the commissioner of administration.
(3)A member of the professional staff of the legislature who shall have fiscal expertise
to be appointed by the president of the Senate.
(4)A member of the professional staff of the legislature who shall have fiscal expertise
to be appointed by the speaker of the House of Representatives.
(5)A member of the professional staff of the Department of Health and Hospitals
(DHH) who shall have forecasting expertise to be appointed by the secretary of
DHH.
(6)A member of the professional staff of the Department of Children and Family
Services (DCFS) who shall have forecasting expertise to be appointed by the
secretary of DCFS.
Proposed law retains present law and adds as principals to the conference:
(1)The chairman of the Senate Committee on Health and Welfare, or his designee.
(2)The chairman of the House Committee on Health and Welfare, or his designee.
(3) The chairman of the Senate Committee on Finance, or his designee.
(4) The chairman of the House Committee on Appropriations, or his designee.
(5)The secretary of DHH, or his designee.
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(6)The secretary of DCFS, or his designee.
(7)The legislative fiscal officer, or his designee who shall have health care experience.
(8)A faculty member specializing in health care economics from a public or private
university in the state, selected by the other principal members from a list submitted
by the Board of Regents.
Present law provides that the principal representing the office of the governor shall preside
over sessions of the conference. Proposed law provides for the chairmanship to rotate
annually among the four legislative committee chairmen serving as principals.
Proposed law provides for a Medicaid Subcommittee of the conference responsible for
developing forecasts and reviewing information related to the Medicaid Program, including
the number of Medicaid enrollees, eligibility criteria, rate of utilization and growth in the
cost of services, provider reimbursement methodologies, and the factors used in developing
the per-member-per-month premiums paid to the Medicaid managed care companies.
Proposed law provides for the membership of the Medicaid Subcommittee as follows:
(1)A member of the professional staff of the division of administration to be appointed
by the commissioner of administration.
(2)A member of the professional staff of the legislature who shall have fiscal expertise
to be appointed by the president of the Senate.
(3)A member of the professional staff of the legislature who shall have fiscal expertise
to be appointed by the speaker of the House of Representatives.
(4)A member of the professional staff of DHH who shall have forecasting expertise to
be appointed by the secretary of DHH.
(5)The legislative fiscal officer, or his designee who shall have health care experience.
(6)The faculty member specializing in health care economics selected by members of
the conference.
Proposed law provides that the chairmanship of the subcommittee shall rotate biennially
among the professional legislative staff appointed by the president of the Senate and the
speaker of the House of Representatives.
Proposed law provides that the subcommittee shall meet as follows:
(1)In September, to establish an initial forecast for the ensuing fiscal year which shall
be utilized by the Department of Health and Hospitals in formulating its budget
request.
(2)In December, to revise the forecast for the ensuing fiscal year which shall be utilized
in the preparation of the executive budget recommendations by the state budget
office.
(3) In April, to revise the forecast for the ensuing fiscal year which shall be utilized by
the legislature in its adoption of a state budget for the ensuing fiscal year.
(4)In July, to discuss the forecast for the current fiscal year as compared to the current
year appropriation.
Proposed law authorizes the subcommittee to review any aspects of the Medicaid program
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as provided for in proposed law. Further authorizes any principal of the conference to
request that the subcommittee meet to discuss a specific issue. Requires the subcommittee
to submit a summary report to the conference of topics discussed and any actions taken.
Effective August 1, 2016.
(Amends R.S. 39:21.3(E)(2) and (3); adds R.S. 39:21.3(E)(4))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Provides for two additional principals of the conference.
2. Establishes a Medicaid Subcommittee and provides for its responsibilities
and its membership.
3. Adds a July meeting date and its purpose for the subcommittee.
4. Provides for chairmanship of the conference and the subcommittee.
5. Removes effectiveness of proposed law upon signature of the governor
(emergency clause).
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