§ 46:153 — Medical assistance; estate recovery program

§153. Medical assistance; estate recovery program
A. Medical assistance in the form of payment for medical care, including medical
insurance in advance of the medical care, to the extent and under such conditions as federal
matching funds can be obtained under the provisions of the federal Social Security Act, may
be provided under rules and regulations of the Louisiana Department of Health to any person
who:
(1) Meets the requirements for public assistance, or
(2) Does not meet the requirements for public assistance, but whose income and
resources are not sufficient to meet his medical needs, and
(a) Is a resident of the state, or
(b) A resident of the state needing medical care as may be required or permitted
under the provisions of the federal Social Security Act for federal matching purposes.
B. All certifications of eligibility for hospital care, either in a public or a private
hospital or for any type of medical vendor payments by the department, shall be subject to
the provisions in the first and fourth paragraphs of R.S. 46:56.
C. Except to the extent that the responsibility for payment for medical care of certain
persons is transferred to the department in Subsection A of this Section and the pertinent
rules and regulations subsequently adopted, the care and treatment of medically indigent
persons shall remain the responsibility of the various charity hospitals of this state as
provided by existing law.
D. The responsibility for payment for medical and hospital care, as provided in this
Section, shall remain in effect until such time as any or all of these responsibilities shall be
vested by law in some other agency of the state or federal government.
E. By applying for, and subsequently becoming eligible to receive, or by accepting
medical assistance under provisions of this Section, the applicant or recipient shall be
deemed to have made an assignment to the department of his right to any hospitalization,
accident, medical, or health benefits owed to applicant or recipient by any third party, as well
as rights to such benefits or medical support payments owed by any third party to applicant's
or recipient's children or any other person for whom applicant or recipient has legal authority
to execute such an assignment.
F. The Louisiana Department of Health shall implement an expedited Medicaid
eligibility review program for persons diagnosed as having acquired immune deficiency
syndrome (AIDS). If a preliminary review indicates a preponderance of evidence for
presumptive Medicaid eligibility, then full, temporary Medicaid coverage for the person with
AIDS shall be extended immediately and shall continue until such time as the final Medicaid
application either is denied or until permanent eligibility is established and full, permanent
coverage commences. If a final determination of ineligibility is made, the person with AIDS
shall reimburse the department for funds expended on his behalf by the department during
the period of temporary Medicaid coverage. The department shall promulgate rules as
necessary for the implementation of this Subsection.
G. Repealed by Acts 2003, No. 226, §2.
H. The Louisiana Department of Health shall not lose its rights to recover the
assistance payments and medical expenses the department has paid or is obligated to pay on
behalf of an injured, ill, or deceased person in connection with said injury, illness, or death
if the department does not intervene or file its own cause of action or take any other action
allowed pursuant to the assignment of rights provision of Subsection E of this Section, or
R.S. 46:446.

Legislative History

Added by Acts 1961, No. 16, §1. Amended by Acts 1966, No. 9, §1; Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1980, No. 255, §1; Acts 1988, No. 674, §1; Acts 1995, No. 1190, §1; Acts 1999, No. 1118, §1; Acts 2003, No. 226, §2; Acts 2003, No. 1208, §1; Acts 2018, No. 206, §5.