HLS 17RS-734 ORIGINAL
2017 Regular Session
HOUSE BILL NO. 159
BY REPRESENTATIVE DUSTIN MILLER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH/BEHAVIORAL: Requires certain mental health providers to be licensed under
the Behavioral Health Services Provider Licensing Law
1 AN ACT
2To enact R.S. 40:2154.1 and to repeal R.S. 40:2154(A)(14), relative to behavioral health
3 services providers; to provide for healthcare provider licensing and regulatory
4 functions of the Louisiana Department of Health; to provide for applicability of the
5 Behavioral Health Services Provider Licensing Law; to require certain healthcare
6 providers to be licensed as behavioral health services providers; to require such
7 providers to complete applications for licenses by a certain date; and to provide for
8 related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 40:2154.1 is hereby enacted to read as follows:
11 ยง2154.1. Accredited mental health rehabilitation providers; licensure required
12 A. Any healthcare provider that meets all of the following criteria is hereby
13 required to obtain a license in accordance with the provisions of this Part prior to
14 April 1, 2018, in order to provide behavioral health services:
15 (1) Was an accredited mental health rehabilitation provider enrolled in the
16 Louisiana Medicaid program as of February 28, 2012.
17 (2) Was enrolled with the statewide management organization for the
18 Louisiana Behavioral Health Partnership as of March 1, 2012.
19 (3) Maintains continuous, uninterrupted accreditation through an approved
20 accreditation organization.
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-734 ORIGINAL
HB NO. 159
1 (4) Maintains continuous, uninterrupted enrollment with the statewide
2 management organization for the Louisiana Behavioral Health Partnership.
3 B. Each healthcare provider required by the provisions of this Section to
4 obtain a license shall submit a completed application to the department for such
5 license on or before December 1, 2017.
6 Section 2. R.S. 40:2154(A)(14) is hereby repealed in its entirety.
7 Section 3. This Act shall become effective upon signature by the governor or, if not
8signed by the governor, upon expiration of the time for bills to become law without signature
9by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
10vetoed by the governor and subsequently approved by the legislature, this Act shall become
11effective on the day following such approval.
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 159 Original 2017 Regular Session Dustin Miller
Abstract: Requires mental health rehabilitation providers meeting certain criteria to be
licensed in accordance with the Behavioral Health Services Provider Licensing Law.
Present law known as the Behavioral Health Services Provider Licensing Law, R.S. 40:2151
et seq., authorizes the La. Dept. of Health (LDH) to provide for the health, safety, and
welfare of persons receiving behavioral health services through licensure and regulation of
behavioral health services providers.
Present law defines "behavioral health services provider" as a facility, agency, institution,
person, society, corporation, partnership, unincorporated association, group, or other legal
entity that provides behavioral health services and presents itself to the public as a provider
of behavioral health services.
Proposed law retains above provisions of present law.
Present law exempts certain types of providers from the requirement for licensure as a
behavioral health services provider established in present law. Proposed law repeals present
law exempting healthcare providers meeting all of the following criteria from the
requirement for licensure as a behavioral health services provider:
(1)Was an accredited mental health rehabilitation provider enrolled in the La. Medicaid
program as of Feb. 28, 2012.
(2)Was enrolled with the statewide management organization for the La. Behavioral
Health Partnership as of March 1, 2012.
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-734 ORIGINAL
HB NO. 159
(3)Maintains continuous, uninterrupted accreditation through an approved accreditation
organization.
(4)Maintains continuous, uninterrupted enrollment with the statewide management
organization for the La. Behavioral Health Partnership.
Proposed law requires mental health rehabilitation providers meeting the criteria above to
be licensed as behavioral health services providers in accordance with present law and
proposed law prior to April 1, 2018, in order to provide behavioral health services.
Proposed law requires each provider subject to proposed law to submit a completed
application to LDH for a behavioral health services provider license on or before
Dec. 1, 2017.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 40:2154.1; Repeals R.S. 40:2154(A)(14))
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.