2011 Louisiana Laws
Revised Statutes
TITLE 46 — Public welfare and assistance
RS 46:2692 — Intergovernmental transfer program

§2692. Intergovernmental transfer program

A.(1) The Department of Health and Hospitals shall, as soon as practicable, but in no event later than September 30, 2000, have prepared for submission an application to the United States Department of Health and Human Services for the implementation of an intergovernmental transfer program. The application shall be submitted to the Health Care Financing Administration, United States Department of Health and Human Services by the department on a date to be determined by the Joint Legislative Committee on the Budget based on the recommendation of the Intergovernmental Transfer Subcommittee created and established in this Section.

(2) The Intergovernmental Transfer Subcommittee, hereinafter referred to as the "subcommittee", is hereby created and established as a subcommittee of the Joint Legislative Committee on the Budget created by R.S. 24:651. The Joint Legislative Committee on the Budget shall provide for the size, membership, appointment, and the delegated powers and duties of the subcommittee which shall include the authority and duties necessary to comply with this Chapter. No action shall be taken by the subcommittee except by the favorable vote of a majority of the members. A quorum of the subcommittee shall consist of a majority of the total membership thereof. The members of the subcommittee shall receive the same per diem and travel allowance in the performance of their duties as is provided for standing committees of the legislature.

B.(1) Subject to such recommendations and approval, the department shall make application to the United States Department of Health and Human Services for the implementation of an intergovernmental transfer program. The application shall include a detailed explanation of the department's plan to utilize plan funds for the following, all as provided for in this Section:

(a) Providing reimbursements and enhancements to participating local governments.

(b) Re-basing Medicaid nursing home rates in accordance with the state Medicaid plan.

(c) Implementing a case mix reimbursement system for nursing homes.

(d) Providing for services of the state Medicaid program that are subject to federal financial participation matching funds.

(2) The department's application shall seek intergovernmental transfer program funds to the full extent allowed by law for this purpose and recommended and approved.

C. No program shall be implemented under the provisions of this Section unless and until the application submitted to the United States Department of Health and Human Services is given final, written approval by the Health Care Financing Administration, United States Department of Health and Human Services.

D. Notwithstanding any provision of law to the contrary, the provisions of this Section shall be deemed, construed, and interpreted to provide to any local government that qualifies to participate in an intergovernmental transfer program all powers and authority necessary to implement and participate in such plan, including any power to enter into short-term indebtedness for purposes of the plan.

E. The Department of Health and Hospitals is hereby authorized to adopt such rules as are necessary to implement the wage enhancement plan as established in this Chapter after approval by the Joint Legislative Committee on the Budget and the House and Senate committees on health and welfare and to conduct the intergovernmental transfer program.

Acts 2000, 1st Ex. Sess., No. 143, §1, eff. April 19, 2000.