ENROLLED
2023 Regular Session
HOUSE RESOLUTION NO. 173
BY REPRESENTATIVES BUTLER AND ECHOLS
A RESOLUTION
To direct the Louisiana Department of Health to report information, including statistics, on
abuse and neglect in certain Medicaid programs.
WHEREAS, the Louisiana Department of Health (LDH) defines abuse as the
infliction of physical or mental injury, or actions which may reasonably be expected to
inflict physical injury, on an adult by other parties as defined in R.S. 15:1503; and
WHEREAS, LDH also defines neglect as the failure, by a caregiver responsible for
an adult's care or by other parties, to provide the proper or necessary support or medical,
surgical, or any other care necessary for his well-being as defined in R.S. 15:1503; and
WHEREAS, according to LDH, the integrity of the Medicaid program in this state
is protected by its abuse policies; and
WHEREAS, the LDH website provides detailed descriptions of activities that may
be considered abusive in accordance with Louisiana law and otherwise; and
WHEREAS, there is a multitude of Medicaid-related health programs in this state;
and
WHEREAS, Medicaid is the primary health insurance provider for many individuals
with disabilities; and
WHEREAS, such individuals rely heavily on the Medicaid program in this state and
the caregivers and additional support provided by such programs; and
WHEREAS, such individuals may require a significant amount of medical attention
and daily living assistance as they are unable to care for themselves; and
WHEREAS, ensuring the safety of such individuals in this state is of the utmost
importance to the Legislature of Louisiana and the citizens of this state; and
WHEREAS, the statistics of such programs are indicative of the effectiveness and
efficiency of the Medicaid program in this state; and
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WHEREAS, it is the duty of the Legislature of Louisiana to ensure the integrity of
Medicaid program in this state and the practices of the program to ensure the safety of
recipients of such services.
THEREFORE, BE IT RESOLVED that the House of Representatives of the
Legislature of Louisiana does hereby direct the Louisiana Department of Health to produce
a report enumerating and summarizing all allegations of abuse and neglect in Medicaid
providers of Home and Community-Based Services (HCBS) as defined in R.S. 40:2120.2,
Intermediate Care Facilities for the Developmentally Disabled (ICF-DD), and Adult Day
Health Care (ADHC) services.
BE IT FURTHER RESOLVED that the statistics shall include information from the
Health Standards Section of the Louisiana Department of Health, adult protection services
of the office of aging and adult services, the Louisiana Department of Children and Family
Services, and the governor's office of elderly affairs regarding services provided by the
office of aging and adult services, the office for citizens with developmental disabilities,
nursing homes, intermediate care facilities for developmental disabilities, waiver programs,
and any other facilities that provide home- and community-based living services in this state
for which the Louisiana Department of Health has oversight.
BE IT FURTHER RESOLVED that the information included in the report shall
contain statistics from January 1, 2021, to December 31, 2022.
BE IT FURTHER RESOLVED that the information required by this Resolution shall
include all of the following information:
(1) The existing rules promulgated to address the reporting of claims of abuse and
neglect for the state's Medicaid program of residents and clients of Medicaid providers of
HCBS, ICF-DD, and ADHC.
(2) An enumerated list summarizing the reported abuse and neglect claims of
residents, clients of residents, and clients of Medicaid providers of HCBS, ICF-DD, and
ADHC.
(3) An enumerated list of the additional rules promulgated in effect from January 1,
2021 to December 31, 2022 and applicable to allegations of abuse and neglect involving
residents and clients of Medicaid providers of HCBS, ICF-DD, and ADHC services.
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BE IT FURTHER RESOLVED that on or before July 1, 2024, the Louisiana
Department of Health shall submit to the House Committee on Health and Welfare and the
David R. Poynter Legislative Research Library a written report of its findings.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
secretary of the Louisiana Department of Health.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
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