§ 40:2009.21 — Mandatory screening of nursing home Medicaid patients with mental illness or

Louisiana § 40:2009.21

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

Text

§2009.21. Mandatory screening of nursing home Medicaid patients with mental illness or
developmental disabilities; implementation, review
A. Public Law 100-203 establishes mandatory preadmission screening and resident
review requirements for nursing care (other than ICF-DD) provided under Title XIX of the
Social Security Act. Section 1919(b)(3)(F) of the Social Security Act prohibits admission
of a mentally ill or mentally retarded Title XIX recipient unless the recipient requires the
level of services provided by a nursing facility because of his physical and mental condition
as determined by the state mental health authority or state mental retardation or
developmental disability authority.
B. The Louisiana Department of Health shall establish rules and regulations to
implement the mandatory preadmission and resident review requirements for nursing care
(other than ICF-DD) provided under Title XIX of the Social Security Act. Such rules and
regulations shall require that the department must make a determination of eligibility with
regard to the first level of screening within two working days after a request is submitted to
the department. If the department determines that a second level of screening is required to
ascertain the mental condition of the applicant, the second level of screening shall be
conducted and completed within eight working days after the completion of the first level
of screening, and the applicant shall be notified of the agency's determination on the date the
screening is completed. If the department fails to comply with the time limits provided for
in this Subsection, the applicant shall be deemed eligible under Title XIX for placement in
a nursing facility without further delay.
C. The Louisiana Department of Health, office of behavioral health shall be the state
mental health authority and state developmental disability authority as provided for in the
Social Security Act.

Legislative History

Acts 1989, No. 422, §1; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2014, No. 811, §22, eff. June 23, 2014; Acts 2018, No. 206, §4.