HLS 23RS-741 REENGROSSED 2023 Regular Session HOUSE BILL NO. 434 BY REPRESENTATIVE MCFARLAND Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. MEDICAID: Provides relative to the state medical assistance program 1 AN ACT 2To amend and reenact R.S. 46:460.91, relative to the state medical assistance program; to 3 provide for claims processing data; to provide for a quarterly report; to require the 4 provision of certain information in the quarterly report; to provide for an effective 5 date; and to provide for related matters. 6Be it enacted by the Legislature of Louisiana: 7 Section 1. R.S. 46:460.91 is hereby amended and reenacted to read as follows: 8 ยง460.91. Claims processing data; reports to legislative committees 9 A. The department shall produce and submit to the Joint Legislative 10 Committee on the Budget and the House and Senate committees on health and 11 welfare on a quarterly basis a report entitled the "Healthy Louisiana Claims Report" 12 which conforms with the requirements of this Subpart. 13 B. The department shall conduct an independent review of claims submitted 14 by healthcare providers to Medicaid managed care organizations. The review shall 15 examine, in the aggregate and by claim type, the volume and value of claims 16 submitted, including those adjudicated, adjusted, voided, duplicated, rejected, pended 17 or denied in whole or in part for purposes of ensuring a Medicaid managed care 18 organization's compliance with the terms of its contract with the department. The 19 department shall actively engage provider representatives in the review, from design 20 through completion. The initial quarterly report shall include detailed findings and Page 1 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 23RS-741 REENGROSSED HB NO. 434 1 defining measures to be reported on a quarterly basis, as well as all of the following 2 data on healthcare provider claims delineated by an individual a Medicaid managed 3 care organization including any dental Medicaid managed care organization 4 contracted by the department and separated by claim provider type and shall be 5 separately reported for both acute care and behavioral health claims: 6 (1) The following data on claims submitted by all healthcare providers 7 except behavioral health providers based on data of payment during calendar year 8 2017: 9 (a) The total number and dollar amount of claims for which there was at least 10 one claim denied denial at the service line level, except for hospital inpatient claims 11 which shall be reported by the number of inpatient days paid and number of inpatient 12 days denied. 13 (b) The total number and dollar amount of claims denied at the service line 14 level. 15 (c)(2) The total number and dollar amount of claims adjudicated in the 16 reporting period at the service line level. 17 (d)(3) The total number and dollar amount of denied claims divided by 18 expressed as a percentage of the total number and dollar amount of claims 19 adjudicated, except for hospital inpatient claims which shall be expressed as a 20 percentage of the hospital inpatient days denied out of the total hospital inpatient 21 days. 22 (e)(4) The total number and dollar amount of adjusted claims. 23 (f)(5) The total number and dollar amount of voided claims. 24 (g)(6) The total number and dollar amount of claims denied as a duplicate 25 claim. 26 (h)(7) The total number and dollar amount of rejected claims. 27 (i)(8) The total number and dollar amount of pended claims average number 28 of days from receipt of the claim by the managed care organization to the date on 29 which the provider is paid or is notified that no payment will be made. Page 2 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 23RS-741 REENGROSSED HB NO. 434 1 (j)(9) For each managed care organization, a listing of the top of the five 2 network billing participating providers with the highest number of total denied 3 claims, that includes the number of total denied claims expressed as a ratio to all 4 claims adjudicated and the total dollar value of the claims. Provider information 5 shall be de-identified. 6 (10) The total number of denied claims submitted to the managed care 7 organization for reconsideration of the claim denial, excluding a reconsideration 8 conducted pursuant to R.S. 46:460.81 et seq. 9 (11) The percentage of denied claims submitted to the managed care 10 organization for reconsideration of the claim denial, excluding a reconsideration 11 conducted pursuant to R.S. 46:460.81 et seq., that is overturned by the managed care 12 organization. 13 (12) The number of denied claims submitted to the managed care 14 organization for appeal of the claim denial. 15 (13) The percentage of denied claims submitted to the managed care 16 organization for appeal of the claim denial that is overturned by the managed care 17 organization. 18 (14) The total number of denied claims submitted to the managed care plan 19 for arbitration of the claim denial. 20 (2) The following data on claims submitted by behavioral health providers 21 based on date of payment during calendar year 2017: 22 (a) The total number and dollar amount of claims for which there was at least 23 one claim denied at the service line level. 24 (b) The total number and dollar amount of claims denied at the service line 25 level. 26 (c) The total number and dollar amount of claims adjudicated in the 27 reporting period at the service line level. 28 (d) The total number and dollar amount of denied claims divided by the total 29 number and dollar amount of claims adjudicated. Page 3 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 23RS-741 REENGROSSED HB NO. 434 1 (e) The total number and dollar amount of adjusted claims. 2 (f) The total number and dollar amount of voided claims. 3 (g) The total number and dollar amount of duplicate claims. 4 (h) The total number and dollar amount of rejected claims. 5 (i) The total number and dollar amount of pended claims. 6 (j) For each of the five network billing providers with the highest number of 7 total denied claims, the number of total denied claims expressed as a ratio to all 8 claims adjudicated and the total dollar value of the claims. Provider information 9 shall be de-identified. 10 C. The report shall feature a narrative which includes, at minimum, the 11 action steps which the department plans to take in order to address all of the 12 following: 13 (1) The five most common reasons for denial of claims submitted by 14 healthcare providers other than behavioral health providers, including provider 15 education to the five network billing providers with the highest number of total 16 denied claims. 17 (2) The five most common reasons for denial of claims submitted by 18 behavioral health providers, including provider education to the five network billing 19 providers with the highest number of total denied claims. 20 (3) Means to ensure that provider education addresses root causes of denied 21 claims and actions to address those causes. 22 (4) Claims denied in error by managed care organizations. 23 D. The report shall include all of the following data relating to encounters: 24 (1) The total number of encounters submitted by each Medicaid managed 25 care organization to the state or its designee. 26 (2) The total number of encounters submitted by each Medicaid managed 27 care organization that are not accepted by the department or its designee. Page 4 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 23RS-741 REENGROSSED HB NO. 434 1 E. D. The initial report and subsequent quarterly Quarterly reports shall 2 include all of the following information relating to case management delineated by 3 a Medicaid managed care organization: 4 (1) The total number of Medicaid enrollees receiving case management 5 services. individuals identified for case management delineated by all of the 6 following: 7 (a) The method of identification used by the managed care organization. 8 (b) The reason identified for case management. 9 (c) The Louisiana Department of Health region. 10 (2) The total number of Medicaid enrollees eligible for case management 11 services. individuals who accepted and enrolled in case management services 12 delineated by all of the following: 13 (a) The method of identification used by the managed care organization. 14 (b) The reason identified for case management. 15 (c) The tier assignment as required by the contract executed by the managed 16 care organization and this state. 17 (d) The Louisiana Department of Health region. 18 (3) The total number of individuals identified but not enrolled in case 19 management delineated by all of the following: 20 (a) Method of identification used by the managed care organization. 21 (b) The reason identified for case management. 22 (c) The Louisiana Department of Health region. 23 (4) The total number of individuals enrolled in case management that are 24 women whose pregnancy has been categorized as high-risk. 25 (5) The total number of individuals enrolled in case management who have 26 been diagnosed with sickle cell disease. 27 E. The quarterly reports shall include all of the following information 28 relating to utilization management delineated by Medicaid managed care 29 organizations: Page 5 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 23RS-741 REENGROSSED HB NO. 434 1 (1) A list of all items and services that require prior authorization. 2 (2) The percentage of standard prior authorization requests that were 3 approved for all items and services subject to prior authorization categorized by type 4 of service. 5 (3) The percentage of standard prior authorization requests that were denied 6 for all items and services subject to prior authorization categorized by type of 7 service. 8 (4) The percentage of standard prior authorization requests that were 9 approved after appeal for all items and services subject to prior authorization 10 categorized by type of service. 11 (5) The percentage of expedited prior authorization requests that were 12 approved for all items and services subject to prior authorization categorized by type 13 of service. 14 (6) The percentage of expedited prior authorization requests that were denied 15 for all items and services subject to prior authorization categorized by type of 16 service. 17 (7) The average and median time that elapsed between the submission of a 18 request and a determination by the managed care organization, for standard prior 19 authorizations for all items and services subject to prior authorization categorized by 20 type of service. 21 (8) The average and median time that elapsed between the submission of a 22 request and a decision by the managed care organization for expedited prior 23 authorizations for all items and services subject to prior authorization categorized by 24 type of service. 25 Section 2. This Act shall become effective October 1, 2023. Page 6 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 23RS-741 REENGROSSED HB NO. 434 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 434 Reengrossed 2023 Regular Session McFarland Abstract: Provides for a quarterly report entitled the "Healthy Louisiana Claims Report" and establishes requirements for the report. Present law requires the La. Dept. of Health (LDH) to produce and submit to the Joint Legislative Committee on the Budget and the House and Senate committees on health and welfare a report entitled the "Healthy Louisiana Claims Report", which conforms with the requirements of present law. Proposed law requires the report to be submitted to the Joint Legislative Committee on the Budget and the House and Senate committees on health and welfare on a quarterly basis and otherwise retains the provisions of present law. Present law requires LDH to conduct an independent review of claims submitted by healthcare providers to Medicaid managed care organizations and establishes provisions for such a review in accordance with the provisions of present law. Present law further provides that the initial report shall include detailed findings and the defined measures to be reported on a quarterly basis, as well as the data provided in present law. Present law includes any dental Medicaid managed care organization, contracted by LDH and separated by claim type. Proposed law requires a quarterly report to include the data required in accordance with present law by provider type and separately reported for both acute care and behavioral health claims. Proposed law further removes dollar amount requirements from present law and adds the following data requirements to present law: (1)The total number of denied claims submitted to the managed care organization for reconsideration of the claim denial, excluding a reconsideration conducted pursuant to present law. (2)The percentage of denied claims submitted to the managed care organization for reconsideration of the claim denial, excluding a reconsideration conducted pursuant to present law, that is overturned by the managed care organization. (3)The number of denied claims submitted to the managed care organization for appeal of the claim denial. (4)The percentage of denied claims submitted to the managed care organization for appeal of the claim denial that are overturned by the managed care organization. (5)The total number of denied claims submitted to the managed care plan for arbitration of the claim denial. Present law requires the provision of certain data on claims submitted by behavioral health providers based on the date of payment during the 2017 calendar year. Present law also requires the provision of a narrative, which present law establishes requirements therefor. Proposed law removes the requirement of certain data on claims submitted by behavioral health providers based on the date of payment during the 2017 calendar year. Proposed law also removes the narrative requirement. Page 7 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 23RS-741 REENGROSSED HB NO. 434 Present law requires the report to include certain data relating to encounters, including an initial report and subsequent quarterly reports. Proposed law removes those requirements. Proposed law further requires the quarterly report to include the total number of individuals identified for case management categorized by all of the following: (1)The method of identification used by the managed care organization. (2)The reason identified for case management. (3)The La. Dept. of Health region. Proposed law requires only quarterly reports that include the provision of certain information relating to utilization management categorized by Medicaid managed care organizations. Proposed law further requires the following data relating to utilization management delineated by Medicaid managed care organizations: (1) A list of all items and services that require prior authorization. (2) The percentage of standard prior authorization requests that were approved, categorized by type of service for all items and services subject to prior authorization. (3) The percentage of standard prior authorization requests that were denied, categorized by type of service for all items and services subject to prior authorization. (4) The percentage of standard prior authorization requests that were approved after appeal, categorized by type of service for all items and services subject to prior authorization. (5) The percentage of expedited prior authorization requests that were approved, categorized by type of service for all items and services subject to prior authorization. (6) The percentage of expedited prior authorization requests that were denied, categorized by type of service for all items and services subject to prior authorization. (7) The average and median time that elapsed between the submission of a request and a determination by the managed care organization, for standard prior authorizations, categorized by type of service for all items and services subject to prior authorization. (8) The average and median time that elapsed between the submission of a request and a decision by the managed care organization for expedited prior authorizations, categorized by type of service for all items and services subject to prior authorization. Effective Oct. 1, 2023. (Amends R.S. 46:460.91) Page 8 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 23RS-741 REENGROSSED HB NO. 434 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 for tier assignment information to be included in the quarterly report required by proposed law. 2. Specify that the total number of individuals who are accepted and enrolled in case management services shall be included in the quarterly report. 3. Make technical corrections. The House Floor Amendments to the engrossed bill: 1. Require all items and services subject to prior authorization to be categorized by type of service prior to such authorization. 2. Change the effective date from effective upon signature of the governor to effective on Oct. 1, 2023. 3. Make technical corrections. Page 9 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions.