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