ENROLLED
2020 Second Extraordinary Session
HOUSE CONCURRENT RESOL UTION NO. 21
BY REPRESENTATIVES WHEAT, ADAMS, AMEDEE, BRYANT, BUTLER,
CARRIER, COX, EDMONDS, FREIBERG, HORTON, MIKE JOHNSON,
TRAVIS JOHNSON, MCMAHEN, ORGERON, CHARLES OWEN,
SCHAMERHORN, SELDERS, THOMAS, AND THOMPSON
A CONCURRENT RESOL UTION
To urge and request the Louisiana Department of Health to immediately submit certain
documentation to the Centers for Medicare and Medicaid Services to provide
financial relief for providers of adult day center services, home- and community-
based services, and intermediate care facilities for people with developmental
disabilities.
WHEREAS, the Centers for Medicare and Medicaid Services of the U.S. Department
of Health and Human Services, referred to hereafter in this Resolution as "CMS", is
authorized by Section 1915(c)(4)(b) of the Social Security Act to allow certain providers to
continue to bill for individuals enrolled in a Medicaid program and individuals receiving
personal care or habilitation services that include personal care specified in their person-
centered service plan when circumstances prevent these individuals from receiving these
services; and
WHEREAS, these services could include self-quarantining activities during the
COVID-19 public health emergency, which led to the temporary closure of a provider or
limited a provider's ability to furnish the type of in-person services that are typically
included in the service plan; and
WHEREAS, CMS is currently authorizing certain home- and community-based
providers to bill and receive retainer payments for individuals enrolled in Medicaid even if
the service cannot be provided during the COVID-19 public health emergency; and
WHEREAS, on March 22, 2020, the Louisiana Department of Health ordered that
all adult day center services shall close to protect the health and safety of individuals during
the COVID-19 public health emergency; and
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WHEREAS, as of the date of filing this Resolution, adult day service centers have
remained closed and are at risk of permanent closure due to the financial hardships
experienced through the COVID-19 public health emergency; and
WHEREAS, this legislature finds that these services are essential to the health and
well-being of persons with disabilities and funding for these services is critical during this
public health emergency.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request the Louisiana Department of Health to immediately submit requests for all
retainer payments associated with the COVID-19 public health emergency for home- and
community-based service providers.
BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby urge
and request the Louisiana Department of Health to submit the applicable documentation
necessary for a temporary rate increase for providers of adult day center services, home- and
community-based services, and intermediate care facilities for people with developmental
disabilities.
BE IT FURTHER RESOLVED that the Louisiana Department of Health shall submit
Appendix k of its home- and community-based waivers for people with developmental
disabilities applicable to retainer payments to the House Committee on Health and Welfare,
House Committee on Appropriations, Senate Committee on Health and Welfare, Senate
Committee on Finance, and the David R. Poytner Legislative Research Library not later than
thirty days after final adjournment of the 2020 Second Extraordinary Session.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
secretary of the Louisiana Department of Health.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
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