2006 Louisiana Laws - RS 40:2009.24 — Nursing home quality and efficiency board; findings and purpose

§2009.24.  Nursing Home Quality and Efficiency Board; findings and purpose

A.  It is the intention of the legislature to provide quality care and efficient long term health care services for the elderly and disabled by eliminating and reducing the duplication of services whenever possible.  It is the intention of the legislature to promote economic development through job growth, as well as the protection of, existing jobs.

B.  There is hereby created in the Department of Health and Hospitals the Nursing Home Quality and Efficiency Board, hereafter referred to as the "board".  The board shall be charged with developing recommendations for programs designed to promote quality care and increase efficiency and to encourage nursing homes to operate at an occupancy level of ninety-five percent.  The board shall be comprised of the following members:

(1)  The secretary of the Department of Health and Hospitals, or his designee.

(2)  The undersecretary of the Department of Health and Hospitals, or his designee.

(3)  The executive director of the Louisiana Nursing Home Association.

(4)  The president of the Louisiana Nursing Home Association.

(5)  The chairman of the Louisiana Nursing Home Association Reimbursement Committee.

(6)  The executive director of the Gulf States Association of Homes and Services for the Aging.

(7)  The Medicaid director of the Department of Health and Hospitals.

(8)  One member of the Senate appointed by the president of the Senate.

(9)  One member of the House of Representatives appointed by the speaker of the House.

(10)  One consumer representative appointed by the governor.

C.  All members of the board shall serve without compensation and be subject to confirmation by the Senate.  Legislators serving on the board shall receive per diem for attendance at board meetings.

D.  The board shall convene at least quarterly to consider,¹ including but not limited to the following programs and incentives designed to reach the goals outlined in this Section.  The board may consider any and all programs that would address the goals of this Section, including but not limited to:

(1)  Provisions to allow purchasers who operate nursing homes to purchase and close a nursing home and to receive the capital cost component of the purchased facility for a period of five years on a pro rata basis on their share of the purchase price.

(2)  Provisions to provide incentives to nursing homes to reduce the number of beds by converting semi-private rooms to private rooms and to provide for the waiver of square footage limitations in the case mix regulation for nursing homes that have made such conversion and to create a Medicaid incentive payment of at least fifteen percent of the Medicaid rate of the facility for private rooms.

(3)  Establishment of an administrative fund to buy back beds at fair market value that have been previously approved through the Department's Family Need Review Process, or predecessor health planning program.

(4)  Development of quality of care incentives to provide for additional reimbursement to facilities that achieve and maintain ninety-five percent occupancy.

(5)  Establishment of cooperative endeavor agreements to facilitate a reduction in the number of beds enrolled in the Medicaid program.

(6)  Development of skilled nursing programs to care for the elderly and disabled, including but not limited to a sub-acute care program and respite care program.

(7)  Any other programs that would further the purpose of this Section.

E.  Any program or rules proposed by the board shall be subject to the review and approval of the secretary and if approved, shall be promulgated by the Department of Health and Hospitals in accordance with the Administrative Procedure Act.

F.  The provisions of this Section shall expire on June 30, 2008, unless the legislature extends the program.

Acts 2004, No. 659, §1.

¹As appears in enrolled bill.