HLS 21RS-77 ENGROSSED
2021 Regular Session
HOUSE BILL NO. 73
BY REPRESENTATIVE CREWS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MEDICAID: Authorizes the La. Department of Health to contract for the administration of
the Medicaid estate recovery program
1 AN ACT
2To amend and reenact R.S. 42:262(A) and (B) and R.S. 46:153.4(H) and to enact R.S.
3 46:153.4(I), relative to the Medicaid estate recovery program; to require the
4 Louisiana Department of Health to contract for the administration of the program;
5 to provide for requirements and specifications relative to such contracts; to authorize
6 the department to contract on a contingency fee basis for Medicaid estate recovery
7 program administration; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 42:262(A) and (B) are hereby amended and reenacted to read as
10follows:
11 §262. Special attorney or counsel
12 A. In the event that the attorney general, or any state agency, board or
13 commission, not including any public postsecondary education institution, is
14 represented by a special attorney or counsel, the special attorney or counsel shall not
15 be compensated for such representation on a contingency fee or percentage basis in
16 the absence of express statutory authority, including R.S. 17:100.10, R.S. 23:1669,
17 R.S. 37:2153, R.S. 41:724 and 922, R.S. 42:1157.3, R.S. 46:15 and 153.4, and R.S.
18 47:1512, 1515.3, 1516, 1516.1, and 1676. In retaining a special attorney or counsel,
19 preference shall be given to private attorneys licensed to practice law in this state and
20 law firms domiciled and licensed in this state.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-77 ENGROSSED
HB NO. 73
1 B. Any recovery or award of attorney fees, including settlement, in litigation
2 involving the attorney general or any state agency, board, or commission, not
3 including any public postsecondary education institution, belongs to the state and
4 shall be deposited into the state treasury into the Department of Justice Legal
5 Support Fund in accordance with R.S. 49:259. No payment of attorney fees shall be
6 made out of state funds in the absence of express statutory authority, including R.S.
7 17:100.10, R.S. 23:1669, R.S. 37:2153, R.S. 41:724 and 922, R.S. 42:1157.3, R.S.
8 46:15 and 153.4, and R.S. 47:1512, 1515.3, 1516, 1516.1, and 1676, except such
9 payment of attorney fees as may be approved by the Joint Legislative Committee on
10 the Budget during the interim between legislative sessions.
11 * * *
12 Section 2. R.S. 46:153.4(H) is hereby amended and reenacted and R.S. 46:153.4(I)
13is hereby enacted to read as follows:
14 §153.4. Medicaid Estate Recovery,; legislative findings; contracts for administration
15 of estate recovery program
16 * * *
17 H.(1) The department may contract for the administration of the estate
18 recovery program provided for in this Section through one or more agreements with
19 public or private entities. Any contract for estate recovery functions shall conform
20 to the applicable requirements of Title 39 of the Louisiana Revised Statutes of 1950
21 and to all other applicable state and federal laws.
22 (2) Notwithstanding any law to the contrary, the department, at the discretion
23 of the secretary of the department, may contract on a contingency fee basis for any
24 function of the estate recovery program.
25 (3) Any contract that the department enters into pursuant to this Subsection
26 shall require that estate recovery functions be conducted exclusively by attorneys
27 who are licensed by and in good standing with the Louisiana State Bar Association.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-77 ENGROSSED
HB NO. 73
1 I. To the extent that there is any conflict between the provision of this
2 Section and the standards that are specified by the secretary of the United States
3 Department of Health and Human Services, the federal standard shall prevail.
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 73 Engrossed 2021 Regular Session Crews
Abstract: Authorizes the La. Department of Health to contract for the administration of the
Medicaid estate recovery program and authorizes contingency fee contracts for this
function.
Present law requires the La. Department of Health (LDH) to establish an estate recovery
program in compliance with federal Medicaid law, 42 U.S.C. 1396p, for the purpose of
recovering Medicaid payments made on behalf of individuals from their succession estates.
Proposed law retains present law and authorizes LDH to contract for the administration of
the Medicaid estate recovery program through one or more agreements with public or private
entities.
Proposed law authorizes LDH, at the discretion of the secretary of the department, to
contract on a contingency fee basis for any Medicaid estate recovery function.
Proposed law stipulates that any contract LDH enters into pursuant to proposed law shall
require that estate recovery functions be conducted exclusively by attorneys who are licensed
by and in good standing with the La. State Bar Association.
(Amends R.S. 42:262(A) and (B) and R.S. 46:153.4(H); Adds R.S. 46:153.4(I))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Delete the requirement in proposed law that LDH contract for the administration
of the Medicaid estate recovery program and instead authorize the department
to do so.
2. Stipulate that any contract LDH enters into pursuant to proposed law shall
require that estate recovery functions be conducted exclusively by attorneys who
are licensed by and in good standing with the La. State Bar Association.
3. Make a technical change.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.