HLS 23RS-2963 ENGROSSED
2023 Regular Session
HOUSE RESOLUTION NO. 173
BY REPRESENTATIVES BUTLER AND ECHOLS
MEDICAID: Directs the La. Dept. of Health to report statistics on abuse and neglect in
certain Medicaid programs
1 A RESOLUTION
2To direct the Louisiana Department of Health to report information, including statistics, on
3 abuse and neglect in certain Medicaid programs.
4 WHEREAS, the Louisiana Department of Health (LDH) defines abuse as the
5infliction of physical or mental injury, or actions which may reasonably be expected to
6inflict physical injury, on an adult by other parties as defined in R.S. 15:1503; and
7 WHEREAS, LDH also defines neglect as the failure, by a caregiver responsible for
8an adult's care or by other parties, to provide the proper or necessary support or medical,
9surgical, or any other care necessary for his well-being as defined in R.S. 15:1503; and
10 WHEREAS, according to LDH, the integrity of the Medicaid program in this state
11is protected by its abuse policies; and
12 WHEREAS, the LDH website provides detailed descriptions of activities that may
13be considered abusive in accordance with Louisiana law and otherwise; and
14 WHEREAS, there is a multitude of Medicaid-related health programs in this state;
15and
16 WHEREAS, Medicaid is the primary health insurance provider for many individuals
17with disabilities; and
18 WHEREAS, such individuals rely heavily on the Medicaid program in this state and
19the caregivers and additional support provided by such programs; and
20 WHEREAS, such individuals may require a significant amount of medical attention
21and daily living assistance as they are unable to care for themselves; and
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HR NO. 173
1 WHEREAS, ensuring the safety of such individuals in this state is of the utmost
2importance to the Legislature of Louisiana and the citizens of this state; and
3 WHEREAS, the statistics of such programs are indicative of the effectiveness and
4efficiency of the Medicaid program in this state; and
5 WHEREAS, it is the duty of the Legislature of Louisiana to ensure the integrity of
6Medicaid program in this state and the practices of the program to ensure the safety of
7recipients of such services.
8 THEREFORE, BE IT RESOLVED that the House of Representatives of the
9Legislature of Louisiana does hereby direct the Louisiana Department of Health to produce
10a report enumerating and summarizing all allegations of abuse and neglect in Medicaid
11providers of Home and Community-Based Services (HCBS) as defined in R.S. 40:2120.2,
12Intermediate Care Facilities for the Developmentally Disabled (ICF-DD), and Adult Day
13Health Care (ADHC) services.
14 BE IT FURTHER RESOLVED that the statistics shall include information from the
15Health Standards Section of the Louisiana Department of Health, adult protection services
16of the office of aging and adult services, the Louisiana Department of Children and Family
17Services, and the governor's office of elderly affairs regarding services provided by the
18office of aging and adult services, the office for citizens with developmental disabilities,
19nursing homes, intermediate care facilities for developmental disabilities, waiver programs,
20and any other facilities that provide home- and community-based living services in this state
21for which the Louisiana Department of Health has oversight.
22 BE IT FURTHER RESOLVED that the information included in the report shall
23contain statistics from January 1, 2021, to December 31, 2022.
24 BE IT FURTHER RESOLVED that the information required by this Resolution shall
25include all of the following information:
26 (1) The existing rules promulgated to address the reporting of claims of abuse and
27neglect for the state's Medicaid program of residents and clients of Medicaid providers of
28HCBS, ICF-DD, and ADHC.
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HR NO. 173
1 (2) An enumerated list summarizing the reported abuse and neglect claims of
2residents, clients of residents, and clients of Medicaid providers of HCBS, ICF-DD, and
3ADHC.
4 (3) An enumerated list of the additional rules promulgated in effect from January 1,
52021 to December 31, 2022 and applicable to allegations of abuse and neglect involving
6residents and clients of Medicaid providers of HCBS, ICF-DD, and ADHC services.
7 BE IT FURTHER RESOLVED that on or before July 1, 2024, the Louisiana
8Department of Health shall submit to the House Committee on Health and Welfare and the
9David R. Poynter Legislative Research Library a written report of its findings.
10 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
11secretary of the Louisiana Department of Health.
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)]
HR 173 Engrossed 2023 Regular Session Butler
Directs the La. Dept. of Health to report information, including statistics, on abuse and
neglect in certain Medicaid programs.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Require the report produced to enumerate and summarize all allegations of abuse
and neglect in the provision of certain Medicaid services as provided in present
law.
2. Specify which content shall be included in the statistics report.
3. Insert language that includes residents and clients of Medicaid providers in the
requirements for the report.
4. Change the date of submission for the report from February 1, 2024 to July 1,
2024.
5. Make technical corrections.
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