HLS 202ES-422 ORIGINAL
2020 Second Extraordinary Session
HOUSE CONCURRENT RESOL UTION NO. 29
BY REPRESENTATIVES BUTLER AND BAGLEY
EXCEP PERSON/DEV DISABLE: Amends administrative rules regarding leave of
absence days for clients of intermediate care facilities (Items #28 and 29)
1 A CONCURRENT RESOL UTION
2To amend the Louisiana Department of Health rule, LAC 50:VII.33103(A)(2), which
3 provides for leaves of absence for residents of intermediate care facilities for persons
4 with intellectual and developmental disabilities, to provide for retroactive and
5 prospective application of the amendments, and to direct the office of the state
6 register to print the amendments in the Louisiana Administrative Code.
7 WHEREAS, intermediate care facilities for persons with intellectual and
8developmental disabilities, known commonly as ICF/DD and ICF/ID, are residential
9facilities at which children and adults with special needs receive individualized health care
10and rehabilitation services; and
11 WHEREAS, these facilities are regulated under the provisions of Part VI-E of
12Chapter 11 of Title 40 of the Louisiana Revised Statutes of 1950 (R.S. 40:2180 et seq.) and
13Subpart 3 of Part VII of the Louisiana Administrative Code (LAC 50:VII.30101 et seq.); and
14 WHEREAS, state regulations concerning Medicaid funding of ICF/ID care, which
15provide for a system of per diem payments to these facilities, prohibit the state Medicaid
16program, with limited exceptions, from covering more than forty-five leave of absence days
17for any ICF/ID resident in any state fiscal year (July 1 through June 30); and
18 WHEREAS, the effect of these regulations is to make families liable for paying the
19per diem to the ICF/ID for their loved ones' leaves of absence for the number of days
20exceeding forty-five days in total in a state fiscal year; and
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1 WHEREAS, during Louisiana's state of public health emergency that was first
2declared on March 11, 2020, in response to the COVID-19 pandemic, and which continues
3as of the date of filing of this Resolution, many families have chosen to provide care for
4extended periods in their own homes for their loved ones who are ICF/ID clients; and
5 WHEREAS, in these most challenging of times, these families have made difficult
6decisions and great sacrifices to protect the best interests of their most fragile family
7members who cannot care for themselves; and
8 WHEREAS, many of these families now face financial hardship because their loved
9ones have exceeded the number of Medicaid-covered ICF/ID leave of absence days allowed
10by state regulations; and
11 WHEREAS, the provisions of R.S. 49:969 authorize the legislature, by concurrent
12resolution, to suspend, amend, or repeal any rule or regulation adopted by a state department,
13agency, board, or commission.
14 THEREFORE, BE IT RESOLVED by the Legislature of Louisiana that LAC
1550:VII.33103(A)(2) is hereby amended to read as follows:
16 §33103. Payment Limitations
17 A. Temporary Absence of the Client. A client's temporary absence from an
18 ICF/ID will not interrupt the monthly vendor payment to the ICF/ID, provided the
19 following conditions are met:
20 * * *
21 2. the absence is for one of the following reasons:
22 a. hospitalization, which does not exceed seven days per hospitalization; or
23 b. leave of absence. A temporary stay outside the ICF/ID which, except for
24 any leave of absence during a declared state of public health emergency, shall be
25 provided for in the client's written individual habilitation plan. A leave of absence
26 will not exceed 45 days per fiscal year (July 1 through June 30) and. Except for any
27 leave of absence during a declared state of public health emergency, a leave of
28 absence will not exceed 30 consecutive days in any single occurrence. Certain The
29 following leaves of absence will be excluded from the annual 45-day limit as long
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1 as the leave does not and, except for any leave of absence during a declared state of
2 public health emergency, shall not exceed the 30-consecutive day limit and is shall
3 be included in the written individual habilitation plan. These exceptions are as
4 follows:
5 i. Special Olympics;
6 ii. roadrunner-sponsored events;
7 iii. Louisiana planned conferences;
8 iv. trial discharge leave;
9 v. official state holidays; and
10 vi. any leave of absence during a declared state of public health emergency;
11 and
12 vii. vi. two days for bereavement of close family members.
13 (a). Close Family Members—parent, step-parent, child, step-child, brother,
14 step-brother, sister, step-sister, spouse, mother-in-law, father-in-law, grand-parent,
15 or grandchild.
16 (b). Declared State of Public Health Emergency—a state of public health
17 emergency declared by executive order or proclamation of the governor in
18 accordance with the provisions of R.S. 29:766.
19 * * *
20 BE IT FURTHER RESOLVED that the provisions of this Resolution shall be given
21prospective and retroactive application and shall be applied retroactively to March 11, 2020.
22 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
23office of the state register and the secretary of the Louisiana Department of Health.
24 BE IT FURTHER RESOLVED that the office of the state register is hereby directed
25to have the amendments to LAC 50:VII.33103(A)(2) printed and incorporated into the
26Louisiana Administrative Code.
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HCR NO. 29
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)]
HCR 29 Original 2020 Second Extraordinary Session Butler
Amends present administrative rule limiting Medicaid coverage of intermediate care facility
clients' leave of absence days, with certain exceptions, to provide an exception for leaves of
absence during a declared state of public health emergency.
Applies prospectively and retroactively to March 11, 2020.
(Amends LAC 50:VII.33103(A)(2))
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