Louisiana 2022 2022 Regular Session

Louisiana House Bill HB1012 Engrossed / Bill

                    HLS 22RS-1507	ENGROSSED
2022 Regular Session
HOUSE BILL NO. 1012
BY REPRESENTATIVE LYONS
MEDICAID:  Provides relative to non-emergency medical transportation services within the
La. Medicaid program
1	AN ACT
2To enact Part VI of Chapter 5-E of Title 40 of the Louisiana Revised Statutes of 1950, to be
3 comprised of R.S. 40:1257.1 through 1257.4, relative to the medical assistance
4 program of this state known commonly as Medicaid; to provide relative to Medicaid-
5 funded non-emergency medical transportation services; to provide for duties of the
6 Louisiana Department of Health with respect to such services; to provide for
7 standards for such services; to require promulgation of administrative rules; and to
8 provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1.  Part VI of Chapter 5-E of Title 40 of the Louisiana Revised Statutes of
111950, comprised of R.S. 40:1257.1 through 1257.4, is hereby enacted to read as follows:
12 PART VI.  NON-EMERGENCY MEDICAL TRANSPORTATION
13 §1257.1.  Definitions
14	As used in this Part, the following terms have the meaning ascribed in this
15 Section:
16	(1)  "Department" means the Louisiana Department of Health.
17	(2)  "Healthcare provider" means a person, partnership, limited liability
18 partnership, limited liability company, corporation, facility, or institution that
19 provides healthcare or professional services to individuals enrolled in the Medicaid
20 program.
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HB NO. 1012
1	(3)  "Medicaid" means the medical assistance program provided for in Title
2 XIX of the Social Security Act.
3	(4)  "Non-emergency medical transportation" and "NEMT" mean
4 transportation provided to a Medicaid beneficiary to or from a medically necessary
5 Medicaid-covered service.  The term shall not include any non-emergency or other
6 type of transportation by ambulance.
7 §1257.2.  Non-emergency medical transportation services
8	A.  The Medicaid program of this state shall include non-emergency medical
9 transportation services, referred to hereafter in this Part as "NEMT services".  The
10 purpose of NEMT services shall be to provide non-emergency medical transportation
11 to a Medicaid beneficiary after all other reasonable means of free transportation for
12 that person have been explored and found to be unavailable.  The Medicaid
13 beneficiary or his representative shall confirm that the beneficiary has no other
14 means of transportation.
15	B.  Non-emergency medical transportation to or from a pharmacy, a nursing
16 facility, hospice care, or an appointment for Special Supplemental Nutrition Program
17 for Women, Infants, and Children services at an office of public health location is
18 prohibited.
19 §1257.3.  Standards for services; prohibition
20	No healthcare provider shall contract with or hire a transportation company
21 to provide NEMT services if that company does not meet local, city, and state
22 requirements to provide non-emergency medical transportation as defined in this Part
23 and in administrative rules of the department.
24 §1257.4.  Rulemaking
25	The department shall promulgate in accordance with the Administrative
26 Procedure Act all such rules as are necessary to implement the provisions of this
27 Part.
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are additions. HLS 22RS-1507	ENGROSSED
HB NO. 1012
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 1012 Engrossed 2022 Regular Session	Lyons
Abstract:  Defines "non-emergency medical transportation" and provides for standards and
limitations relating to such transportation provided to Medicaid program enrollees.
Proposed law provides that, for purposes of proposed law, "non-emergency medical
transportation" and "NEMT" mean transportation provided to a Medicaid beneficiary to or
from a medically necessary Medicaid-covered service.  Stipulates that the term shall not
include any non-emergency or other type of transportation by ambulance.
Proposed law requires that the La. Medicaid program include NEMT services.  Establishes
that the purpose of NEMT services shall be to provide non-emergency medical
transportation to a Medicaid beneficiary after all other reasonable means of free
transportation for that person have been explored and found to be unavailable.  Requires the
Medicaid beneficiary or his representative to confirm that the beneficiary has no other means
of transportation.
Proposed law prohibits NEMT services from being utilized for transportation to or from a
pharmacy, a nursing facility, hospice care, or a Special Supplemental Nutrition Program for
Women, Infants, and Children (known commonly as "WIC") appointment at an office of
public health location.
Proposed law prohibits healthcare providers within the La. Medicaid program from
contracting with or hiring a transportation company to provide NEMT services if that
company does not meet local, city, and state requirements to provide non-emergency
medical transportation as defined in proposed law and in LDH administrative rules.
(Adds R.S. 40:1257.1-1257.4)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Revise the definition of "non-emergency medical transportation" and "NEMT"
provided in proposed law to establish that these terms mean transportation
provided to a Medicaid beneficiary to or from a medically necessary
Medicaid-covered service.  Provide that the term shall not include any
non-emergency or other type of transportation by ambulance.
2. Delete proposed law relative to requirements and qualifications for NEMT
services; add in lieu thereof a prohibition on NEMT services being utilized for
transportation to or from a pharmacy, a nursing facility, hospice care, or a WIC
program appointment at an office of public health location.
3. Make technical changes.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.