ENROLLED ACT No. 299 2019 Regular Session HOUSE BILL NO. 204 BY REPRESENTATIVE PIERRE AND SENATOR JOHNS 1 AN ACT 2 To amend and reenact R.S. 46:2626(F)(1)(introductory paragraph), (G)(1) and (5), 3 (H)(1)(d), and (I)(7), relative to Medicaid provider fees; to provide relative to fees 4 on emergency ground ambulance service providers for healthcare services funded by 5 the state Medicaid program; to authorize the Louisiana Department of Health to levy 6 and collect fees on nonpublic providers of emergency ground ambulance services for 7 certain nonemergency transportation services; to provide conditions under which the 8 department may assess such fees; to provide for reimbursement enhancements for 9 providers of certain services subject to Medicaid provider fees; to provide for uses 10 of funds from the Emergency Ground Ambulance Service Provider Trust Fund 11 Account established by the state treasurer within the Louisiana Medical Assistance 12 Trust Fund; to provide for definitions; and to provide for related matters. 13 Be it enacted by the Legislature of Louisiana: 14 Section 1. R.S. 46:2626(F)(1)(introductory paragraph), (G)(1) and (5), (H)(1)(d), and 15 (I)(7) are hereby amended and reenacted to read as follows: 16 ยง2626. Fees on emergency ground ambulance service providers; disposition of fees 17 * * * 18 F. Notwithstanding any provision of this Section to the contrary, the 19 department shall adopt and promulgate, pursuant to the Administrative Procedure 20 Act and in compliance with Article VII, Section 10.14 of the Constitution of 21 Louisiana, a fee to be imposed pursuant to Subsection A of this Section in 22 accordance with all of the following: 23 (1) The department shall calculate, levy, and collect a fee from every 24 emergency ground ambulance service provider on each emergency and Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 204 ENROLLED 1 nonemergency ground ambulance transport upon the occurrence of all of the 2 following: 3 * * * 4 G. For each year in which the assessment is in effect, the department shall 5 provide for reimbursement enhancements in accordance with all of the following: 6 (1) Reimbursement or payment to emergency ground ambulance service 7 providers by any state or state-sponsored program, including but not limited to the 8 Bayou Health Plans or their successors, at or above rates at the level which were in 9 effect on July 1, 2015, for emergency and nonemergency transport and related 10 services provided pursuant to the Louisiana medical assistance program provided 11 that funds are appropriated in the budget. 12 * * * 13 (5) Funds from the Emergency Ground Ambulance Service Provider Trust 14 Fund Account shall be used to achieve the maximum reimbursement under federal 15 law and appropriated solely to fund the reimbursement enhancements provided for 16 in Paragraph (4) of this Subsection as provided in the most recent formula adopted 17 by the legislature or the secretary as applicable and distributed exclusively among 18 emergency ground ambulance service providers for emergency and nonemergency 19 ambulance transportation services provided. 20 H.(1) No additional assessment shall be collected and any assessment shall 21 be terminated for the remainder of the fiscal year from the date on which any of the 22 following occur: 23 * * * 24 (d) The amount of the reimbursement for emergency and nonemergency 25 ground ambulance services payable by any participant in the Bayou Health Plan or 26 Medicaid managed care organization falls below one hundred percent of the 27 Medicaid rate in effect at the time the service is rendered. 28 * * * 29 I. For purposes of this Section, the following definitions apply: 30 * * * Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 204 ENROLLED 1 (7) "Net operating revenue" means the gross revenues of the emergency 2 ground ambulance service provider for the provision of emergency and 3 nonemergency ground ambulance transportation services, excluding any Medicaid 4 reimbursements, less any deducted amounts for bad debts, charity care, and payer 5 discounts. 6 * * * SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions.