HLS 21RS-296 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 213
BY REPRESENTATIVE BACALA
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MEDICAID: Provides for Medicaid eligibility determination functions and Medicaid fraud
detection and prevention
1 AN ACT
2To enact R.S. 24:513(Q), R.S. 36:254(A)(6)(c) and (d), and R.S. 47:1508(B)(44) and (D),
3 relative to Medicaid program integrity; to provide for duties of the secretary of the
4 Louisiana Department of Health in administering the Medicaid program; to authorize
5 the Louisiana Department of Revenue to share state income tax return data with the
6 Louisiana Department of Health and the legislative auditor for certain limited
7 purposes; to require the Louisiana Department of Health to utilize such data in the
8 Medicaid eligibility determination process; to authorize the legislative auditor to
9 utilize such data for purposes of Medicaid fraud detection and prevention; to provide
10 for interagency agreements relative to sharing of data; to provide for implementation
11 of certain functions prescribed by the Medical Assistance Programs Integrity Law;
12 to provide for an effective date; and to provide for related matters.
13Be it enacted by the Legislature of Louisiana:
14 Section 1. R.S. 24:513(Q) is hereby enacted to read as follows:
15 §513. Powers and duties of legislative auditor; audit reports as public records;
16 assistance and opinions of attorney general; frequency of audits; subpoena
17 power
18 * * *
19 Q. The legislative auditor may access individual-level state income tax return
20 data in accordance with R.S. 47:1508(B)(44) for the limited purposes of ensuring
Page 1 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-296 ORIGINAL
HB NO. 213
1 accuracy of Medicaid eligibility determinations, detecting and preventing fraud in
2 the Medicaid program, and fulfilling all other applicable requirements of the Medical
3 Assistance Programs Integrity Law, R.S. 46:437.1 et seq.
4 Section 2. R.S. 36:254(A)(6)(c) and (d) are hereby enacted to read as follows:
5 §254. Powers and duties of the secretary of the Louisiana Department of Health
6 A. In addition to the functions, powers, and duties otherwise vested in the
7 secretary by law, he shall:
8 * * *
9 (6)
10 * * *
11 (c) Take such actions as are necessary to ensure accuracy in medical
12 assistance program eligibility determinations.
13 (d) Work cooperatively with other departments and officials of the state,
14 including but not limited to the attorney general, the legislative auditor, and the
15 Louisiana Department of Revenue, in detecting and preventing fraud in the medical
16 assistance program and fulfilling all other applicable requirements of the Medical
17 Assistance Programs Integrity Law, R.S. 46:437.1 et seq.
18 * * *
19 Section 3. R.S. 47:1508(B)(44) and (D) are hereby enacted to read as follows:
20 §1508. Confidentiality of tax records
21 * * *
22 B. Nothing herein contained shall be construed to prevent:
23 * * *
24 (44)(a) The secretary from disclosing individual-level state income tax return
25 data to the legislative auditor or the secretary of the Louisiana Department of Health
26 exclusively for the purposes specified in this Paragraph.
27 (b) The legislative auditor and the secretary of the Louisiana Department of
28 Health shall utilize data disclosed pursuant to this Paragraph for the following
29 purposes, exclusively:
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-296 ORIGINAL
HB NO. 213
1 (i) Ensuring accuracy of Medicaid eligibility determinations.
2 (ii) Detecting and preventing fraud in the Medicaid program.
3 (iii) Fulfilling the requirements of the Medical Assistance Programs Integrity
4 Law, R.S. 46:437.1 et seq.
5 (c) The secretary may enter into any memorandum of understanding,
6 cooperative endeavor, or other type of agreement as may be necessary to facilitate
7 the sharing of data with the legislative auditor and the secretary of the Louisiana
8 Department of Health, respectively, for the purposes set forth in this Paragraph.
9 * * *
10 D. When the legislative auditor examines the records and files of the
11 secretary of the Department of Revenue for the purposes of ensuring the accuracy
12 of Medicaid eligibility determinations, exemptions, credits, and rebates, the secretary
13 shall assist the legislative auditor by providing supporting documentation from the
14 taxpayer.
15 Section 4. This Act shall become effective upon signature by the governor or, if not
16signed by the governor, upon expiration of the time for bills to become law without signature
17by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
18vetoed by the governor and subsequently approved by the legislature, this Act shall become
19effective on the day following such approval.
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 213 Original 2021 Regular Session Bacala
Abstract: Provides for program integrity in Medicaid eligibility determination functions,
Medicaid fraud detection and prevention, and interagency data sharing in furtherance
of those purposes.
Proposed law authorizes the secretary of the La. Department of Revenue (LDR) to disclose
individual-level state income tax return data to the legislative auditor or the secretary of La.
Dept. of Health (LDH) for the following purposes exclusively:
(1)Ensuring accuracy of Medicaid eligibility determinations.
(2)Detecting and preventing fraud in the Medicaid program.
Page 3 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-296 ORIGINAL
HB NO. 213
(3)Fulfilling the requirements of present law relative to Medicaid program integrity,
R.S. 46:437.1 et seq.
Present law, R.S. 36:254, provides for the powers and duties of the secretary of LDH.
Proposed law retains present law and adds thereto the following duties:
(1)To take such actions as are necessary to ensure accuracy in Medicaid eligibility
determinations.
(2)To work cooperatively with other state departments and officials, including but not
limited to the attorney general, the legislative auditor, and LDR, in detecting and
preventing Medicaid fraud and fulfilling all other applicable requirements of present
law relative to Medicaid program integrity, R.S. 46:437.1 et seq.
Present law, R.S. 47:1508(A), provides that the records and files of the secretary of LDR are
confidential and privileged, and that no person shall divulge or disclose any information
obtained from such records and files except as authorized by present law.
Proposed law authorizes the secretary of LDR to disclose individual-level state income tax
return data to the legislative auditor or the secretary of LDH for the following purposes
exclusively:
(1)Ensuring accuracy of Medicaid eligibility determinations.
(2)Detecting and preventing fraud in the Medicaid program.
(3)Fulfilling the requirements of present law relative to Medicaid program integrity,
R.S. 46:437.1 et seq.
Proposed law authorizes the secretary of LDR to enter into any memorandum of
understanding, cooperative endeavor, or other type of agreement as may be necessary to
facilitate sharing of data with the legislative auditor and the secretary of LDH, respectively,
for the purposes set forth in proposed law.
Present law, R.S. 24:513, provides for the powers and duties of the legislative auditor.
Proposed law retains present law and adds thereto an authorization for the legislative auditor
to access individual-level state income tax return data, in accordance with proposed law, for
the following purposes:
(1)Ensuring accuracy of Medicaid eligibility determinations.
(2)Detecting and preventing fraud in the Medicaid program.
(3)Fulfilling all other applicable requirements of present law relative to Medicaid
program integrity, R.S. 46:437.1 et seq.
Proposed law requires that when the legislative auditor examines the records and files of
LDR for the purposes of ensuring the accuracy of Medicaid eligibility determinations,
exemptions, credits, and rebates, the secretary shall assist the legislative auditor by providing
supporting documentation from the taxpayer.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 24:513(Q), R.S. 36:254(A)(6)(c) and (d), and R.S. 47:1508(B)(44) and (D))
Page 4 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.