HLS 17RS-2926 ENGROSSED
2017 Regular Session
HOUSE BILL NO. 690 (Substitute for House Bill No. 586 by Representative Hunter)
BY REPRESENTATIVE HUNTER
HEALTH CARE: Requires adoption of administrative rules relative to continuity of patient
care for certain publicly funded healthcare facilities and providers
1 AN ACT
2To enact R.S. 40:1186.1 and 1186.2 and R.S. 46:460.53, relative to continuity of care for
3 persons receiving certain publicly funded healthcare services; to provide relative to
4 care of patients served by federally qualified health centers, rural health clinics, and
5 Medicaid managed care organizations; to require the Louisiana Department of Health
6 to promulgate administrative rules providing for continuity of care; to require
7 initiation of rulemaking by a certain date; to provide for redesignation and
8 organization of certain laws; and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 40:1186.1 and 1186.2 are hereby enacted to read as follows:
11 §1186.1. Definitions
12 As used in this Subpart, the following terms have the meaning ascribed in this
13 Section:
14 (1) "Department" means the Louisiana Department of Health.
15 (2) "Federally qualified health center" has the meaning ascribed in R.S.
16 40:1185.3.
17 (3) "Rural health clinic" has the meaning ascribed in R.S. 40:1185.3.
18 (4) "Secretary" means the secretary of the Louisiana Department of Health.
Page 1 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-2926 ENGROSSED
HB NO. 690
1 §1186.2. Federally qualified health centers and rural health clinics; continuity of
2 patient care; administrative rules
3 A.(1) The secretary of the department shall require through administrative
4 rules that each federally qualified health center and rural health clinic which operates
5 a healthcare facility in this state establish policies and procedures for care
6 coordination and continuity of care for patients in the event that the health center or
7 clinic, or any facility thereof, anticipates a temporary or permanent closure.
8 (2) At minimum, the administrative rules provided for in this Section shall
9 require that a federally qualified health center or rural health clinic which anticipates
10 a temporary or permanent closure of any of its facilities report the impending closure
11 to the secretary as soon as is practicable following the decision by the governing
12 board of the health center or clinic to implement the closure.
13 B. The department shall promulgate all rules and regulations in accordance
14 with the Administrative Procedure Act as may be necessary to implement the
15 provisions of this Subpart.
16 Section 2. R.S. 46:460.53 is hereby enacted to read as follows:
17 §460.53. Care coordination and continuity; administrative rules
18 A.(1) The secretary of the department shall require through administrative
19 rules that each managed care organization implement policies and procedures for
20 care coordination and continuity of care for enrollees.
21 (2) At minimum, the administrative rules provided for in this Section shall
22 require that such policies and procedures include provisions to ensure that each
23 enrollee has an ongoing source of preventive and primary care appropriate to his
24 needs.
25 B. The secretary of the department may establish, through administrative
26 rules, procedures for any of the following:
27 (1) Assisting an enrollee receiving treatment for chronic or acute medical
28 conditions, or for behavioral health conditions, in transitioning to another provider
Page 2 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-2926 ENGROSSED
HB NO. 690
1 when the enrollee's healthcare provider has terminated participation with the
2 managed care organization.
3 (2) Providing written notice of the termination of participation with a
4 managed care organization by a provider to each enrollee who received his primary
5 care from or was seen on a regular basis by the provider.
6 B. The department shall promulgate all rules and regulations in accordance
7 with the Administrative Procedure Act as may be necessary to implement the
8 provisions of this Section.
9 Section 3.(A) The secretary of the Louisiana Department of Health shall initiate the
10promulgation of rules required by the provisions of Sections 1 and 2 of this Act through the
11notice of intent process provided for in R.S. 49:953(A) on or before September 20, 2017.
12 (B) Prior to publishing a notice of intent in the Louisiana Register for any rule
13required by the provisions of this Act, the secretary of the Louisiana Department of Health
14shall cause the notice to be transmitted to each member of the House Committee on Health
15and Welfare and the Senate Committee on Health and Welfare.
16 Section 4.(A) The Louisiana State Law Institute is hereby directed to change the
17heading of Part II of Subchapter B of Chapter 5-D of Title 40 of the Louisiana Revised
18Statutes of 1950 to "Federally Qualified Health Centers and Rural Health Clinics", and to
19redesignate to this Part R.S. 40:1183.1 through 1186.2, as more specifically provided in this
20Section.
21 (B) The Louisiana State Law Institute is hereby directed to redesignate Part II of
22Subchapter B of Chapter 5-D of Title 40 of the Louisiana Revised Statutes of 1950,
23comprised of R.S. 40:1183.1 through 1183.4, as Subpart A of Part II of Chapter 5-D of Title
2440 of the Louisiana Revised Statutes of 1950, and to entitle the Subpart "Federally Qualified
25Health Center Preservation Act".
26 (C) The Louisiana State Law Institute is hereby directed to redesignate Part III of
27Subchapter B of Chapter 5-D of Title 40 of the Louisiana Revised Statutes of 1950,
28comprised of R.S. 40:1185.1 through 1185.6, as Subpart B of Part II of Chapter 5-D of Title
Page 3 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-2926 ENGROSSED
HB NO. 690
140 of the Louisiana Revised Statutes of 1950, and to entitle the Subpart "Federally Qualified
2Health Center and Rural Health Clinic Expansion".
3 (D) The Louisiana State Law Institute is hereby directed to designate R.S. 40:1186.1
4and 1186.2, as enacted by Section 1 of this Act, as Subpart C of Part II of Subchapter B of
5Chapter 5-D of Title 40 of the Louisiana Revised Statutes of 1950, and to entitle the Subpart
6"Continuity of Patient Care".
7 Section 5. The Louisiana State Law Institute is hereby directed to change references
8to Parts of law in R.S. 40:1183.1, 1183.2(B), 1183.3(introductory paragraph), 1185.1, 1185.3
9(introductory paragraph), and 1185.5, and in any other provision of law as may be necessary
10to reflect the new Part and Subpart designations provided for in this Section.
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 690 Engrossed 2017 Regular Session Hunter
Abstract: Requires administrative rulemaking by the La. Dept. of Health to provide for
continuity of care for persons receiving publicly funded healthcare services through
federally qualified health centers, rural health clinics, and the Medicaid managed
care program.
Proposed law applies to the following healthcare providers:
(1)Federally qualified health centers (FQHCs).
(2)Rural health clinics.
(3)Medicaid managed care organizations (MCOs).
Proposed law requires the La. Dept. of Health (LDH) to provide through administrative
rulemaking for care coordination and continuity of care for patients in the event that an
FQHC or rural health clinic closes.
Proposed law requires LDH to provide through administrative rulemaking that each
Medicaid MCO implement policies and procedures for care coordination and continuity of
care for enrollees. Provides that, at minimum, the rules shall require that such policies and
procedures include provisions to ensure that each enrollee has an ongoing source of
preventive and primary care appropriate to his needs.
Proposed law authorizes LDH to establish, through administrative rules, procedures for any
of the following:
(1)Assisting an enrollee receiving treatment for chronic or acute medical conditions, or
for behavioral health conditions, in transitioning to another provider when the
Page 4 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-2926 ENGROSSED
HB NO. 690
enrollee's healthcare provider has terminated participation with the managed care
organization.
(2)Providing written notice of the termination of participation with a managed care
organization by a provider to each enrollee who received his primary care from or
was seen on a regular basis by the provider.
Proposed law requires the secretary of LDH to initiate the promulgation of rules required by
proposed law through the notice of intent process provided for in present law (R.S.
49:953(A)) on or before Sept. 20, 2017.
Proposed law stipulates that prior to publishing a notice of intent for any rule required by
proposed law, the secretary of LDH shall cause the notice to be transmitted to each member
of the legislative committees on health and welfare.
Proposed law provides for redesignation and organization by the La. State Law Institute of
certain segments of present law and proposed law relative to FQHCs and rural health clinics.
(Adds R.S. 40:1186.1 and 1186.2 and R.S. 46:460.53)
Page 5 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.