Focus Topic – Public Health and Hospitals

by Courtney C Horne @FireezDragon

These are all bills which relate to health care in the state

House Bill 110 (HB110)- (Norton) Would require Louisiana to participate in the Medicaid expansion laid out by the Affordable Care Act.

House Bill 111 (HB111)- (Hoffman) Prohibits smoking within 25 feet of a state building and sets up a fine system for violations of this prohibition.

House Bill 120 (HB120)-  (Pugh) Adds a requirement for the Louisiana State Board of Nursing and the Louisiana State Board of Practical Nurse Examiners to approve nursing programs/training which which receive accreditation from certain listed accreditation agencies.

House Bill 150 (HB150)- (Greene) This bill is worded so densely that I had to have someone else look at it as well… Best we can tell it requires health insurance companies to deal with health care providers you authorize to file claims for you directly rather than paying you and having you deal with the health care provider.

Senate Bill 35 (SB35)-  (Heitmeier) Requires the Dept of Health and Hospitals to come up with and report on  action plans for diabetes and obesity.

Senate Bill 36 (SB36)- (Heitmeier) Extends smoking prohibitions to grounds or facilities of institutions managed by the Board of Supervisors of Community and Technical Colleges, the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, the Board of Supervisors of Southern University and Agricultural and Mechanical College, or the Board of Supervisors for the University of Louisiana System. Basically prohibits smoking on the grounds of any Louisiana public university affiliated property.

Senate Bill 44 (SB44)- (Nevers) Would allow the city of Bogalusa to levy a provider fee on hospitals in the city the proceeds from which would go into a fund to cover the costs of medicaid in the city.

Senate Bill 55 (SB55)- (Johns) Requires the Dept of Health and Hospitals to report on Medicaid to the senate and house committees on health and welfare annually as well as make more information on the state’s medicaid program available on their website. Lays out in depth the information which must be reported to the committees.

House Bill 183 (HB183)- (Schexnayder) Creates an exemption from dept of health and human services licensing requirements for parish voluntary councils and area agencies on aging.

Senate Bill 57 (SB57)- (Dorsey-Colomb) Creates the Louisiana Sickle Cell Commission. Establishes the composition of its board and the function of the commission. (ensure sickle cell care is provided, publish annual reports, assess programs, etc)

House Bill 216 (HB216)- (Shadoin) Increases the amount the Patient’s Compensation Fund may invest to any amount as long as they are able to keep current on their payment requirements.

House Bill 221 (HB221)- (Connick) There is a law limiting dual office-holding and employment. This bill says that licensed physicians can be both faculty or staff of a public higher education institution as well as hold an appointive office or employment in the U.S. government in a health care facility.

House Bill 228 (HB228)- (Fannin) Lays out a system for direct health insurance payment requirements for “non-contracted facility based physicians” which means a physician licensed to practice medicine who is required by a health care facility to provide services in the facility (including an anesthesiologist, hospitalist, intensivist, neonatologist, pathologist, or radiologist) who does not contract with a health insurance issuer.

House Bill 233 (HB233)- (P. Smith) Requires Louisiana to opt in to the Medicaid expansion under the Affordable Care Act and includes a legislative reporting process related to Medicaid to be put into place.  There is another medicaid opt in bill (HB110) but it does not include the reporting process.

House Bill 234 (HB234)-  (P. Williams) Requires dental prosthesis (bridges, dentures, etc) to be marked with patient identifying information.

House Bill 241 (HB241)-  (Willmott) Expand the application of the law regarding medication attendants to include the office of aging and adult services in the department of health and hospitals. Also corrects outdated terms in the current law.

House Bill 251 (HB251)-  (Talbot) Would put into place “cost-sharing” requirements (co-pays, deductibles, etc) for medicaid recipients as well as limit non emergency visits to emergency rooms. The law will be subject to limitations based on federal regulations.

House Bill 273 (HB273)– (Lorusso) Revises the reports, records, and functions of the Louisiana State Board of Medical Examiners by adding to who must receive certain reports, increasing the number of members needed for a quorum, addressing what can be in certain reports, addressing whether certain board related information is public record, addressing hearing panel requirements and authorities, addressing time a case must be resolved in, and addressing destruction of certain records.

House Bill 275 (HB275)– (Willmott) Allows podiatrists to obtain a patient history and conduct a physical examination related to a procedure he or she is authorized to perform.

House Bill 281 (HB281)– (Simon) Creates a single license type for Behavioral Health Services Providers to cover mental health services, substance abuse/addiction services, and combinations thereof. Sets forth the rules and procedures surrounding such licensing through the dept of health and hospitals.

House Bill 284 (HB284)– (Ortego) This is a huge one: Removes state hospitals from the authority of LSU and places them under the authority of human services districts of the state. Adds related human services duties for the Secretary of the Dept of Health and Hospitals. Establishes responsibilities for the human services districts to manage and run the hospitals, lists duties and powers, and lists accountability measures. Addresses the ability of these districts to incur debt and issue bonds. Lists which hospitals / medical centers transfer to which district. Lists provisions for the transfer. This bill is enormous and even it’s digest was several pages long.

House Bill 322 (HB322)- (Thierry) Requires birthing facilities to perform screening on newborn babies for congenitial heart disease before discharge from a birthing facility

House Bill 342 (HB342)- (Huval) Requires health insurance companies to pay health insurance providers they do not contract with directly when they rendered emergency care to someone enrolled in that health insurance company’s plan. The enrollee shall not be responsible for payments beyond their in-network copay, coinsurance, deductible or cost of non-covered services.

House Bill 337 (HB337)- (Lorusso) Sets up permit fees for licensing retail food establishments through the dept of health and hospitals. Also includes a food permitting fee for daycares. Also has a system for seasonal or short term permitting.

House Bill 355 (HB355)– (Lebas) Currently people who can prescribe or dispense drugs can access the state prescription monitoring database. This bill would extend that access to people those people delegate. -In other words, allow your doctor’s assistant to access that database not just your doctor.

House Bill 356 (HB356)–  (Lebas) This bill defines of “compounded pharmacy generated product” as a drug product prepared by a pharmacy for distribution.

House Bill 359 (HB359)– (M. Guillory) This bill requires physicians to register as users in the La. Electronic Event Registration System or any system that replaces that system

House Bill 375 (HB375)– (Hoffmann) Replaces the Childnet intervention program for special needs toddlers and infants with the EarlySteps childhood disability intervention program. Sets up the EarlySteps program and all the procedures surrounding it. Authorizes a fee system for participation in services of the program.

House Bill 383 (HB383)-  (Lopinto) Exempts the lease of a hospital in Jefferson Parish from laws requiring voter approval for such a lease.

House Bill 390 (HB390)- (Lebas) Clarifies the legal definition of colleges of pharmacy.

House Bill 391 (HB391)– (Lebas) Clarifies the powers of the Louisiana Board of Pharmacy as it relates to non resident pharmacists. Amends the law to require additional  oversight through disclosures and inspection reports for these non-resident pharmacists.

House Bill 392 (HB392)- (S. Bishop)  Specifies a credential system for managed care organizations participating in the Louisiana Medicaid coordinated care network program and also specifies a system related to claims payments for such.

House Bill 393 (HB393)– (Anders) Governs the prescription drug benefits of managed care organizations participating in the La. Medicaid coordinated care network program and creates a committee for the oversee of such.

House Bill 429 (HB429)- (Hollis) This constitutional amendment

1) prohibits a law or rule from compelling, directly or indirectly, anyone  (person, employer, or health care provider) to participate in a health care system

2) authorizes a person or employer to pay directly for health care services and provides that they shall not be required to pay penalties or fines for paying directly.

3) authorizes a health care provider to accept direct payment for health care services and provides that the health care provider shall not be required to pay penalties or fines for accepting direct payment.

4)  States that the purchase or sale of health insurance in private health care systems shall not be prohibited by law or rule.

Essentially this bill seems to be designed partly to pick a fight with the federal government over the affordable care act. (see point one through three). And also to preemptively pick a fight over any possible single payer health care system (see point four).

House Bill 433 (HB433)– (Badon) Prohibits surrogacy contracts which use the egg of the surrogate mother. Allows for and sets out the rules to govern gestational surrogacy contracts – where the birth mother is implanted via in utero implantation which used the egg and sperm of the intended parents.

House Bill 449 (HB449)– (Burrell) Expands medicaid as laid out in the Affordable Care Act until Dec 31, 2016.

House Bill 450 (HB450)- (Ivey) Sets up a system related to workers compensation  both for cases in which there is a conflict with the medical director and for cases in which the recommended treatment is not outlined specifically in the medical treatment guidelines.

House Bill 451 (HB451)- (Barrow) Requires parents of newborns to be offered the whopping cough vaccine by hospitals (with exceptions for if those have already had the vaccine or for those who it would be medically inappropriate)

House Bill 524 (HB524)- (Burrell) Adds additional categories to the categories of groups that may be covered through a “blanket health and accident insurance.”

House Bill 527 (HB527)– (Hoffman) Changes some definitions in the law governing optometry. Changes some measures related to use of controlled substances in such. Lists procedures that shall not be included in the scope of the practice of optometry. Changes responsibilities and authorities of the board governing optometry. Authorizes licensed optometrists to administer inoculations during a public health emergency

House Bill 532 (HB532)– (Kleckley) This constitutional amendment allows the legislature to annually establish (by 2/3 vote) a formula  to calculate payments made to hospitals for Medicaid reimbursement of health care services, to create the hospital stabilization fund, and to deposit assessments paid by hospitals into the fund which will then be used to support the enhancement of Louisiana hospital reimbursement. _I am a honestly a bit shaky on the practical meaning of this constitutional amendment, so if you know more about it I could use some clarification_

House Bill 533 (HB533)– (Kleckley) This constitutional amendment turns the Louisiana Medical Assistance Trust fund into a constitutionally specified fund. It also establishes separate accounts within the fund for each healthcare provider group in which fees are collected according to law and deposits the monies collected from each provider group into the account created for that provider group and used for reimbursement of services to that provider group and funds from other sources into a general account which can be used for any medicaid expenditure.

House Bill 546 (HB546)– (Moreno) Authorizes the transfer or lease of the New Orleans Adolescent Hospital to Children’s Hospital, New Orleans. Repeals some conditions in the current law relating to such a lease. (including one requiring specific mental health services to be offered under the new management/administration)

House Bill 557 (HB557)– (Willmott)  Requires all mandatory reporters to receive training on mandatory reporting laws and the consequences of failing to report.

House Bill 569 (HB569)– (Terry Brown) Allows for physical therapy treatment without requiring a prescription or referral (one of which is currently required). Prescriptions or referrals would still be required for some insurance coverage requirements – such as worker’s comp.

House Bill 575 (HB575)– (Montoucet) Defines a Rural Hospital for the purposes of the Rural Hospital Preservation Act. Defines it as located in a municipality with a population of less than 13,300, in a parish of less than 62,000, and with no more than 60 hospital beds.

House Bill 592 (HB592)- (Thibaut) This bill creates the Network Adequacy Act which creates standards for the networks and health care quality and accessibility offered under health benefit plans to ensure adequate, accessible, quality care.

House Bill 595 (HB595)- (Abramson) Authorizes the lease of state property which housed the housed the New Orleans Adolescent Hospital in Orleans Parish to Ochsner Health Systems if the current lease is terminated before June 20th 2013. If that does not happen, proposals to lease the property will be taken. Either way, the property has to continue to be administered, managed, and operated as a facility for health care, mental health care or health care or mental health care education and provide certain mental health care services.

House Concurrent Resolution 4 (HCR4)– (Norton) Directs the Dept of Health and Hospitals to take actions needed to expand medicaid (to the affordable care act level)

House Concurrent Resolution 7 (HCR7)– (Barrow) Suspends R.S. 40:1300.321 through1300.323 which relates to resource allocation models for Medicaid-covered home- and community-based longterm care services until 60 days after the 2014 Legislative session ends.

House Concurrent Resolution 8 (HCR8)- (Edwards)  Amends the Medicaid eligibility rules of the dept of health and hospitals to conform to those established in the Affordable Care Act.  Directs the secretary of DHH to submit  any Medicaid state plan amendment necessary to implement the expansion.

House Concurrent Resolutions 15 (HCR15)- (H Burns) Requests a DHH study on the most effective way to reduce suicides in Louisiana.


–to be periodically updated as new bills are filed–