HLS 19RS-703 ENGROSSED
2019 Regular Session
HOUSE BILL NO. 373
BY REPRESENTATIVES THOMAS, FALCONER, AND WRIGHT AND SENATOR
MIZELL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH CARE/FACILITIES: Provides for calculation of Medicaid per diem rates for
certain intermediate care facilities for people with developmental disabilities
1 AN ACT
2To amend and reenact R.S. 40:2180.2(introductory paragraph) and to enact R.S.
3 40:2180.2(11) and 2180.6, relative to intermediate care facilities for people with
4 developmental disabilities; to provide for regulations of the Louisiana Department
5 of Health pertaining to such facilities; to provide for the calculation of Medicaid
6 rates paid to such facilities; to require the establishment of a four-bed peer group for
7 such facilities for purposes of rate calculation; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 40:2180.2(introductory paragraph) is hereby amended and reenacted
10and R.S. 40:2180.2(11) and 2180.6 are hereby enacted to read as follows:
11 §2180.2. Promulgation of rules
12 The department shall promulgate, in accordance with the Administrative
13 Procedure Act, licensing standards, rules, and regulations, regarding, but not limited
14 to without limitation, all of the following:
15 * * *
16 (11) A four-bed home peer group for per diem rate calculation as specifically
17 provided in R.S. 40:2180.6.
18 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-703 ENGROSSED
HB NO. 373
1 §2180.6. Four-bed peer group; rate calculation
2 A. The department shall establish for per diem rate calculation purposes a
3 four-bed peer group for ICF/DD facilities that were licensed by the department to
4 operate four-bed homes on the effective date of this Section.
5 B.(1) The department shall promulgate rules and regulations in accordance
6 with the Administrative Procedure Act to provide for a four-bed home peer group for
7 per diem rate calculation and shall file a state plan amendment with the Centers for
8 Medicare and Medicaid Services amending the Medicaid state plan as necessary to
9 establish a four-bed peer group for ICF/DD facility rate calculation.
10 (2) The regulations required by this Subsection shall provide for calculation
11 of per diem rates for four-bed homes in ICF/DD facilities based on the approved
12 methodology contained in the approved Medicaid state plan.
13 (3) Four-bed ICF/DD facilities shall receive a fair allocation of the Medicaid
14 share of facility-specific costs directly incurred by such facilities as a result of their
15 compliance with the department's licensing of four-bed homes, and the payment of
16 such costs shall be made retroactive to the earliest date allowed by law.
17 Section 2.(A) The secretary of the Louisiana Department of Health shall commence
18the promulgation of administrative rules required by Section 1 of this Act no later than
19October 1, 2019.
20 (B) The secretary of the Louisiana Department of Health shall take such actions as
21are necessary to cause the Medicaid state plan amendment required by Section 1 of this Act
22to be submitted to the Centers for Medicare and Medicaid Services no later than October 1,
232019.
24 Section 3. This Act shall become effective upon signature by the governor or, if not
25signed by the governor, upon expiration of the time for bills to become law without signature
26by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
27vetoed by the governor and subsequently approved by the legislature, this Act shall become
28effective on the day following such approval.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-703 ENGROSSED
HB NO. 373
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 373 Engrossed 2019 Regular Session Thomas
Abstract: Creates a four-bed peer group for intermediate care facilities for people with
developmental disabilities and provides for the calculation of Medicaid per diem
rates for those facilities.
Present law provides for licensure and regulation of intermediate care facilities for people
with developmental disabilities (ICF/DD) by the La. Department of Health (LDH).
Proposed law retains present law and adds a requirement that LDH establish, for per diem
rate calculation purposes, a four-bed peer group for ICF/DD facilities that were licensed to
operate four-bed homes on the effective date of proposed law.
Proposed law requires LDH to promulgate administrative rules providing for a four-bed
home peer group for per diem rate calculation and to file with the federal Medicaid agency
any state plan amendment necessary to provide for the rate calculation.
Proposed law requires that the rules and regulations promulgated pursuant thereto provide
for calculation of per diem rates for four-bed homes in ICF/DD facilities based on the
approved methodology contained in the approved Medicaid state plan.
Proposed law stipulates that four-bed ICF/DD facilities shall receive a fair allocation of the
Medicaid share of facility-specific costs directly incurred by such facilities as a result of
their compliance with licensing requirements of LDH for four-bed homes, and that the
payment of such costs shall be made retroactive to the earliest date allowed by law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 40:2180.2(intro. para.); Adds R.S. 40:2180.2(11) and 2180.6)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.