§ 40:1248.8 — Local hospital assessment payments; basis; calculation

Louisiana § 40:1248.8

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

Text

§1248.8. Local hospital assessment payments; basis; calculation
A. Except as provided in Subsection E of this Section, a parish that collects a local
hospital assessment payment authorized by this Subpart may require an annual local hospital
assessment payment to be assessed quarterly using any basis permitted by 42 U.S.C.
1396b(w)(3). The parish shall update the amount of the local hospital assessment payment
on an annual basis.
B. The assessment authorized by this Subpart shall be imposed on each paying
hospital in the parish in accordance with 42 U.S.C. 1396b(w) including but not limited to 42
U.S.C. 1396b(w)(3)(E). In accordance with 42 U.S.C. 1396b(w), a local hospital assessment
payment authorized by this Subpart shall not hold harmless any institutional provider.
C. A parish that collects a local hospital assessment payment authorized by this
Subpart shall set the amount of the local hospital assessment payment. The amount of the
local hospital assessment payment required of paying hospitals may not exceed an amount
that, when added to the amounts of any other assessment, local hospital assessment payment,
or tax imposed by the state with a similar purpose, equals an amount of revenue that exceeds
six percent of the aggregate net patient revenue of all hospitals in the state. The local
hospital assessment shall also meet all other relevant Centers for Medicare and Medicaid
Services tests. No later than the twentieth day before a hearing to set a rate pursuant to R.S.
40:1248.6, a parish shall inform the department of the amount of revenue to be collected
under the proposed assessment. If the department determines that the proposed assessment
will trigger federal compliance issues, including issues with respect to the six-percent limit,
the department shall inform the parish, prior to the hearing, of any necessary reductions in
the amount to be collected or changes necessary to comply with federal requirements. If the
parish does not follow recommendations or requests from the department, the department
may terminate, or refuse to enter into, any intergovernmental transfer agreements with the
parish.
D. Subject to the maximum payment amount prescribed in Subsection C of this
Section, a parish that collects a local hospital assessment payment authorized by this Subpart
shall set local hospital assessment payments in amounts that, in the aggregate, will generate
sufficient revenue to cover the administrative expenses of the parish for activities provided
for in this Subpart and to fund the nonfederal share of a Medicaid payment for the benefit of
hospitals in the parish; except that the amount of revenue from local hospital assessment
payments used for administrative expenses of the parish for activities provided for in this
Subpart in a year, including collection services as provided for in R.S. 40:1248.9, shall be
one hundred fifty thousand dollars.
E. A paying hospital may not add a local hospital assessment payment required by
this Section as a surcharge to a patient.

Legislative History

Acts 2020, No. 330, §1; Acts 2024, No. 432, §1, eff. June 3, 2024; Acts 2025, No. 196, §1, eff. June 8, 2025.