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 Engrossed 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.
(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))