HLS 20RS-962 ORIGINAL 2020 Regular Session HOUSE BILL NO. 598 BY REPRESENTATIVE THOMAS MEDICAID: Provides for hospital payment reform based on diagnosis-related groups 1 AN ACT 2To enact Subpart E of Part I of Chapter 5-E of Title 40 of the Louisiana Revised Statutes of 3 1950, to be comprised of R.S. 40:1248.1 through 1248.4, relative to diagnosis-related 4 groups; to provide for duties of the Louisiana Department of Health; to provide 5 relative to the system of Medicaid payments to hospitals; to require implementation 6 of a specific hospital payment methodology; to provide for administrative 7 rulemaking; and to provide for related matters. 8Be it enacted by the Legislature of Louisiana: 9 Section 1. Subpart E of Part I of Chapter 5-E of Title 40 of the Louisiana Revised 10Statutes of 1950, comprised of R.S. 40:1248.1 through 1248.4, is hereby enacted to read as 11follows: 12 SUBPART E. MEDICAID HOSPITAL PROGRAM: 13 REIMBURSEMENT METHODOL OGY 14 §1248.1. Definitions 15 As used in this Subpart, the following terms have the meaning ascribed in this 16 Section: 17 (1) "Department" means the Louisiana Department of Health. 18 (2) "Diagnosis-related groups" refers to a classification system that groups 19 patients according to diagnosis, type of treatment, age, and other relevant criteria. Page 1 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-962 ORIGINAL HB NO. 598 1 (3) "Supplemental payments" means payments made through the Medicaid 2 disproportionate share hospital program, upper payment limit programs, full 3 Medicaid pricing programs, and any Medicaid hospital payments other than base-rate 4 payments which are expended pursuant to special arrangements with individual 5 hospitals or groups of hospitals. 6 §1248.2. Medicaid hospital program; system of hospital reimbursement 7 A. The secretary of the department shall ensure that the hospital 8 reimbursement system of the Medicaid program of this state adheres to all of the 9 following principles: 10 (1) Hospital payments are made according to a "money follows the person" 11 model which minimizes or eliminates disparities in reimbursement to different 12 hospitals for the same service provided to the same Medicaid patient. 13 (2) Hospital payments are value-based and tied to clinical outcomes. 14 (3) Medicaid reimbursement adequately funds the cost of care that a hospital 15 provides to a Medicaid patient. 16 (4) Medicaid payments are equitable across the various hospitals of this 17 state. 18 (5) The reimbursement system promotes access to care for Medicaid 19 beneficiaries. 20 B. To the maximum extent practicable, the Medicaid hospital reimbursement 21 system shall rely upon base-rate payments in order to minimize the exposure of this 22 state to risks associated with utilization of supplemental payments. 23 §1248.3. Hospital payment methodology based on diagnosis-related groups; 24 implementation 25 A. The legislature hereby finds and declares all of the following with respect 26 to hospital payment methodologies that utilize diagnosis-related groups: 27 (1) Payment by diagnosis-related groups encourages access to care, rewards 28 efficiency, improves transparency, and improves fairness by paying similarly across 29 hospitals for similar care. Page 2 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-962 ORIGINAL HB NO. 598 1 (2) Payment by diagnosis-related groups simplifies the payment process, 2 encourages administrative efficiency, and bases payments on patient acuity and 3 hospital resources rather than length of stay. 4 (3) With a payment methodology based upon diagnosis-related groups, 5 payment follows the patient regardless of the individual hospital at which the patient 6 is treated. 7 B.(1) The secretary of the department shall design and implement a payment 8 methodology for hospital inpatient services provided to Medicaid beneficiaries based 9 upon diagnosis-related groups in accordance with the provisions of this Subsection. 10 (2) The payment methodology based upon diagnosis-related groups shall 11 account, at minimum, for all of the following: 12 (a) Hospital peer groups. 13 (b) Hospitals with high Medicaid volume. 14 (c) Capital costs. 15 (d) Applicable provisions of the Rural Hospital Preservation Act, R.S. 16 40:1189.1 et seq. 17 (e) Psychiatric hospitals. 18 (f) Rehabilitation hospitals. 19 (g) Outlier payments. 20 (h) Patient transfers. 21 §1248.4. Rulemaking 22 The secretary of the department shall promulgate in rule, in accordance with 23 the Administrative Procedure Act, the hospital payment methodology provided for 24 in this Subpart and all other rules and regulations as are necessary to implement the 25 provisions of this Subpart. 26 Section 2. The secretary of the Louisiana Department of Health shall take such 27actions as are necessary to cause the payment methodology for hospital inpatient services 28provided to Medicaid beneficiaries required by R.S. 40:1248.3, as enacted by Section 1 of 29this Act, to be implemented on or before January 1, 2021. Page 3 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-962 ORIGINAL HB NO. 598 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 598 Original 2020 Regular Session Thomas Abstract: Provides for implementation of a specific hospital payment methodology in the Medicaid hospital program. Proposed law requires the secretary of the La. Department of Health (LDH) to ensure that the hospital reimbursement system of the Medicaid program of this state adheres to all of the following principles: (1)Hospital payments are made according to a "money follows the person" model which minimizes or eliminates disparities in reimbursement to different hospitals for the same service provided to the same Medicaid patient. (2)Hospital payments are value-based and tied to clinical outcomes. (3)Medicaid reimbursement adequately funds the cost of care that a hospital provides to a Medicaid patient. (4)Medicaid payments are equitable across the various hospitals of this state. (5)The reimbursement system promotes access to care for Medicaid beneficiaries. Proposed law requires that the Medicaid hospital reimbursement system, to the maximum extent practicable, rely upon base-rate payments in order to minimize the exposure of this state to risks associated with utilization of supplemental payments. Proposed law requires that on or before Jan. 1, 2021, the secretary of LDH shall design and implement a payment methodology for hospital inpatient services provided to Medicaid beneficiaries based upon diagnosis-related groups in accordance with the provisions of proposed law. Provides that the payment methodology shall account, at minimum, for all of the following: (1)Hospital peer groups. (2)Hospitals with high Medicaid volume. (3)Capital costs. (4)Applicable provisions of present law known as the Rural Hospital Preservation Act. (5)Psychiatric hospitals. (6)Rehabilitation hospitals. (7)Outlier payments. (8)Patient transfers. Proposed law requires that LDH promulgate in rule the hospital payment methodology provided for in proposed law. Page 4 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-962 ORIGINAL HB NO. 598 (Adds R.S. 40:1248.1-1248.4) Page 5 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions.