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 186 Original 2021 Regular Session Bacala
Abstract: Requires interagency agreements between the La. Dept. of Health and the Dept. of
Revenue, and between the La. Dept. of Health and the Dept. of Children and Family
Services, relative to administration of the Medicaid and child support enforcement programs.
Present law provides for powers and duties of the secretary of the La. Dept. of Health (LDH).
Proposed law retains present law and adds thereto requirements that the secretary of LDH cause the
department to enter into the agreements with the Dept. of Revenue (LDR) and the Dept. of Children
and Family Services (DCFS) provided for in proposed law.
Proposed law requires LDR and LDH to enter into annual memoranda of understanding, cooperative
endeavors, or other types of agreements for Medicaid program integrity functions that conform with
the requirements of proposed law.
Proposed law stipulates that the agreements between LDR and LDH shall require LDH to furnish
to LDR identifying information of each child who is enrolled in the Medicaid program of this state
and identifying information of the custodial parent or parents of each such Medicaid-enrolled child.
Proposed law requires LDR to examine income tax returns to identify any Medicaid-enrolled child
who is claimed as a dependent by someone other than a custodial parent of the child. Requires that
LDR identify each such child to LDH.
Proposed law provides that each agreement that LDR and LDH enter into pursuant to proposed law
shall set forth standards and protocols for the transfer of data required by proposed law.
Proposed law requires that on or before Jan. 1, 2022, and annually thereafter, LDR shall report to
the legislature all of the following data, which shall consist of statistical information exclusively and
contain no identifying information of any individual:
(1)The number of children enrolled in Medicaid who are claimed as dependents by someone
other than a custodial parent.
(2)With respect to children enrolled in Medicaid who are claimed as dependents by someone
other than the custodial parent, the number of such children who are claimed as dependents
by tax filers who have federal adjusted gross income in each of the following ranges:
(a)Less than $20,000. (b)At least $20,000 but less than $30,000.
(c)At least $30,000 but less than $40,000.
(d)At least $40,000 but less than $50,000.
(e)At least $50,000 but less than $60,000.
(f)At least $60,000 but less than $70,000.
(g)At least $70,000 but less than $80,000.
(h)At least $80,000 but less than $90,000.
(i)At least $90,000 but less than $100,000.
(j)$100,000 or more.
Proposed law requires DCFS and LDH to enter into annual memoranda of understanding,
cooperative endeavors, or other types of agreements as may be necessary to implement a program
wherein payments collected through the state child support enforcement program are used to offset
state Medicaid costs.
Proposed law provides that with respect to child support and cash medical support payments
collected from any noncustodial parent of a child or children enrolled in the state Medicaid program,
DCFS shall determine the maximum amount of such payments that may be remitted to LDH for the
purpose of offsetting the state share of Medicaid program costs for all Medicaid-enrolled children
of the noncustodial parent.
Proposed law provides that the agreements between DCFS and LDH required by proposed law shall
provide for remittance by DCFS to LDH, in connection with the case of each noncustodial parent
of a child or children enrolled in the state Medicaid program, of either of the following amounts:
(1)The maximum amount of child support and cash medical support payments that may be
remitted to LDH to offset Medicaid costs if the amount is less than the state share of
Medicaid costs for all Medicaid-enrolled children of the noncustodial parent.
(2)An amount equal to the state share of Medicaid program costs for all Medicaid-enrolled
children of the noncustodial parent.
Proposed law stipulates that the agreements between DCFS and LDH required by proposed law shall
provide for an annual incentive payment by LDH to DCFS in an amount that does not exceed 15%
of the total of remittances to offset state Medicaid costs made under the prior agreement.
(Adds R.S. 36:254(D)(2)(e) and (f) and 460 and R.S. 46:236.1.1(17) and 236.9.1)