HLS 18RS-596 ORIGINAL
2018 Regular Session
HOUSE BILL NO. 327
BY REPRESENTATIVE HOFFMANN
FEES/LICENSES/PERMITS: Provides relative to fees for state health laboratory services
1 AN ACT
2To amend and reenact R.S. 40:29(A), (B)(introductory paragraph), and (D) and to repeal
3 R.S. 40:29(C), relative to state health laboratory services fees operated by the state
4 office of public health; to provide for a schedule of fees to be charged by such
5 laboratories; to provide a collection of such fees; to provide for exceptions; to
6 provide for an effective date; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. 40:29(A), (B)(introductory paragraph), and (D) are hereby amended and
9reenacted to read as follows:
10 ยง29. State health laboratories; fee schedule
11 A. Except as provided in duly promulgated rules and regulations, each
12 laboratory operated by the office of public health of the Louisiana Department of
13 Health on a statewide, regional, or parish basis whether in connection with a parish
14 health unit or independently operated by the office as a state laboratory shall not
15 perform any test, procedure, function, or any operation unless the office charges and
16 receives payment of a fee for such test, procedure, function, or operation as is
17 required by the fee schedule provided for in this Section Subsection D of this
18 Section.
19 B. The fee schedule provided for in this Section Subsection D of this Section
20 shall not apply and no such fee shall be charged:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-596 ORIGINAL
HB NO. 327
1 D. The Louisiana Department of Health may shall adopt rules and regulations in
2accordance with the Administrative Procedure Act to provide for the fee schedule and
3collection of fees required by the fee schedule provided in Subsection A of this Section.,
4provided a fee shall not exceed the prevailing market price for the item or the reimbursement
5rates for Medicaid, if applicable, whichever is lower. The rules may also provide for
6modification of the fee schedule, provided a fee shall not exceed the prevailing market price
7for the item.
8 Section 2. R.S. 40:29(C) is hereby repealed in its entirety.
9 Section 3. The provisions of this Section and Sections 1 and 4 of this Act shall
10become effective upon signature by the governor or, if not signed by the governor, upon
11expiration of the time for bills to become law without signature by the governor, as provided
12by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and
13subsequently approved by the legislature, the provisions of this Section and Sections 1 and
144 of this Act shall become effective on the day following such approval.
15 Section 4. The provisions of Section 2 of this Act shall become effective upon the
16date of the publication of the rules required by R.S. 40:29(D) as enacted by under Section
171 of this Act.
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 327 Original 2018 Regular Session Hoffmann
Abstract: Allows the Louisiana Department of Health to establish rules and regulations for
laboratory fees and collection.
Present law provides in statute a set laboratory fee schedule and form of collection. Proposed
law allows for the La. Department of Health to establish rules and regulations in establishing
the laboratory fee schedule and the form of collection.
Proposed law repeals present law laboratory fee schedule.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 40:29(A), (B)(intro. para.), and (D); Repeals R.S. 40:29(C))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.