§ 40:1245.1 — Authority to accept and use intergovernmental transfers from local governing

Louisiana § 40:1245.1

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§1245.1. Authority to accept and use intergovernmental transfers from local governing
bodies
A. The Louisiana Department of Health may accept intergovernmental transfers from
local governing bodies, including but not limited to a parish, for the purpose of enhancing
the delivery of health care services to the uninsured and Medicaid patients. Any such
transfer shall be in accordance with federal law and subject to approval by the Centers for
Medicare and Medicaid Services.
B. It is the intent of the legislation that any transfer authorized herein shall be
primarily utilized for the enhancement of health care within the jurisdiction of the
transferring entity. However, any such transfer shall be under the administrative control of
the Louisiana Department of Health.
C. The department may establish a methodology utilizing a pool, or pools, to
facilitate distribution of any transfers received in addition to any federal financial
participation earned through the use of such transfers, as authorized herein. The
methodology shall be created with the intent to maximize, to the fullest extent possible, the
return to the providers located within the jurisdiction of the local governing body from which
such transfer is derived. The department may create criteria for qualification to participate
in any pool methodology and establish criteria and priorities for reimbursement within the
respective pool. Any such criteria may include health care providers which reside outside
the jurisdiction of the transferring body.
D. The department may submit waivers or state plan amendments to the Centers for
Medicare and Medicaid Services in order to secure federal financial participation in relation
to any such payments or reimbursement. Payments shall be made only in accordance with
an approved waiver or state plan amendment.
E. The department and the transferring local governing body may enter into an
agreement, in accordance with state and federal law, concerning the use of transferred funds
in a way that is consistent with the legislative intent set forth herein.

Legislative History

Acts 2009, No. 372, §1; Redesignated from R.S. 40:1300.301 by HCR 84 of 2015 R.S.