HLS 22RS-118 ENGROSSED
2022 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 4
BY REPRESENTATIVE BUTLER
MEDICAID: Increases Medicaid reimbursement to intermediate care facilities for resident
leave of absence days
1 A CONCURRENT RESOL UTION
2To amend the Louisiana Department of Health rule, LAC 50:VII.32913(A) and (C), which
3 provides for Medicaid reimbursement to non-state intermediate care facilities for
4 persons with intellectual and developmental disabilities for resident leave of absence
5 days, and to direct the office of the state register to print the amendments in the
6 Louisiana Administrative Code.
7 WHEREAS, intermediate care facilities for persons with intellectual and
8developmental disabilities, known commonly as ICFs, are residential facilities at which
9children and adults with special needs receive individualized health care and habilitation
10services; and
11 WHEREAS, these facilities are regulated under the provisions of Part VI-E of
12Chapter 11 of Title 40 of the Louisiana Revised Statutes of 1950 (R.S. 40:2180 et seq.) and
13Subpart 3 of Part VII of Title 50 of the Louisiana Administrative Code (LAC 50:VII.30101
14et seq.); and
15 WHEREAS, though ICFs are institutional long-term care facilities, many of them
16implement service-enriched models of care and provide high-quality programs and
17therapeutic activities that help their residents achieve the greatest degree of independence
18and best quality of life; and
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-118 ENGROSSED
HCR NO. 4
1 WHEREAS, the Joint Medicaid Oversight Committee, in the annual report that it
2submitted to the legislature in January of 2022, documented the ongoing workforce crisis
3and urgent need for investment in this state's disability services system; and
4 WHEREAS, ICFs are an integral part of the disability services system and the state
5Medicaid program overall; and
6 WHEREAS, the administrative rules of the Louisiana Department of Health which
7set Medicaid payments to ICFs for resident leave of absence days at a percentage of those
8facilities' per diem rates on file as of February 19, 2009, are emblematic of what advocates
9for people with disabilities claim is a pattern of chronic underfunding of the disability
10services system within the state Medicaid program; and
11 WHEREAS, increasing Medicaid reimbursement to ICFs for resident leave of
12absence days is a means of contributing to workforce retention at these facilities; and
13 WHEREAS, the provisions of R.S. 49:969 authorize the legislature, by concurrent
14resolution, to suspend, amend, or repeal any rule or regulation adopted by a state department,
15agency, board, or commission.
16 THEREFORE, BE IT RESOLVED by the Legislature of Louisiana that LAC
1750:VII.32913(A) and (C) are hereby amended to read as follows:
18 ยง32913. Leave of Absence Days
19 A. The reimbursement to non-state ICF/DDs for hospital leave of absence
20 days is 75 85 percent of the current applicable per diem rate.
21 * * *
22 C. Effective for dates of service on or after February 20, 2009, the The
23 reimbursement to non-state ICF/DDs for leave of absence days is 75 85 percent of
24 the current applicable per diem rate on file as of February 19, 2009 provided for in
25 this Chapter.
26 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
27office of the state register and to the secretary of the Louisiana Department of Health.
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-118 ENGROSSED
HCR NO. 4
1 BE IT FURTHER RESOLVED that the office of the state register is hereby directed
2to have the amendments to LAC 50:VII.32913(A) and (C) printed and incorporated into the
3Louisiana Administrative Code.
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)]
HCR 4 Engrossed 2022 Regular Session Butler
Present administrative rule provides for the following schedule of reimbursement to non-
state intermediate care facilities (ICFs) for resident leave of absence days:
(1)For hospital leave of absence days, 75% of the applicable per diem rate.
(2)For other leave of absence days, 75% of the applicable per diem rate on file as of
February 19, 2009.
Resolution amends present administrative rule to provide that reimbursement to non-state
ICFs for all leave of absence days shall be 85% of the current applicable per diem rate.
(Amends LAC 50:VII.32913(A) and (C))
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.