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the Veterinary Practice Act, the board’s rules, and other applicable laws.
12.The veterinarian operating or providing veterinary care in a mobile practice vehicle shall provide the board, upon written demand, a copy of the written agreement with the local veterinary hospital or clinic required by this rule, if such is not the hospital or clinic associated with the mobile practice vehicle and/or the mobile practice vehicle does not have the capabilities of providing aftercare and/or emergency care services.

AUTHORITY NOTE:Promulgated in accordance with R.S. 37:1518 et seq.

HISTORICAL NOTE:Promulgated by the Department of Health and Hospitals, Board of Veterinary Medicine, LR 19:1330 (October 1993), amended LR 23:969 (August 1997), LR 24:2123 (November 1998), LR 31:3162 (December 2005), LR 33:2424 (November 2007), LR 34:

Wendy D. Parrish

Administrative Director

0810#037

DECLARATION OF EMERGENCY

Department of Health and Hospitals

Office of the Secretary Bureau of Health Services Financing

Disproportionate Share Hospital Payments Non-Rural Community Hospitals (LAC 50.V.2701)

The Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing amends LAC 50:V.2701 in the Medical Assistance Program as authorized by R.S. 36:254 and pursuant to Title XIX of the Social Security Act. This Emergency Rule is promulgated in accordance with the provisions of the Administrative Procedure Act, R.S. 49:953(B)(1) et seq., and shall be in effect for the maximum period allowed under the Act or until adoption of the final Rule, whichever occurs first.

The Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing repromulgated all of the Rules governing the Disproportionate Share Hospital (DSH) payment methodology in LAC 50:V.Chapters 25 and 27 (Louisiana Register, Volume 34, Number 4). The department promulgated an Emergency Rule to amend the April 20, 2008 Rule to revise the provisions governing non-rural community hospitals and federally mandated statutory hospitals to clarify that hospitals qualifying as a non-rural community hospital in state fiscal year 2007-2008 may also qualify in the federally mandated statutory hospital category (Louisiana Register, Volume 34, Number 5). Effective June 25, 2008, the Department amended the May 1, 2008 Rule, by Emergency Rule, to revise the definition of a non-rural community hospital. The department promulgated an

Emergency Rule to amend the provisions governing non-rural community hospitals in order to reallocate remaining funds not distributed to those hospitals (Louisiana Register, Volume 34, Number 7). This Emergency Rule is being promulgated to continue the provisions of the June 28, 2008 Emergency Rule.

This action is being taken to promote the public health and welfare of uninsured individuals, and ensure their continued access to health services by assuring that hospitals are adequately reimbursed for furnishing uncompensated care.

Effective October 25, 2008, the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing amends the April 20, 2008 Rule governing disproportionate share hospital payments.

Title 50

PUBLIC HEALTH—MEDICAL ASSISTANCE

Part V.  Medical Assistance Program—Hospital Services

Subpart 3.  Disproportionate Share Hospital Payments

Chapter 27.Qualifying Hospitals

§2701.Non-Rural Community Hospitals

A. - J....

K.Remaining funds not distributed to non-rural community hospitals by the provisions of this section shall be reallocated to hospitals that meet the following criteria:

1.a qualifying acute care hospital that is classified as a major teaching hospital and is contractually affiliated with a university located within the state of Louisiana that is recognized by the Centers for Disease Control and Prevention and the Health Resource and Services Administration, Maternal and Child Health Bureau as maintaining a comprehensive hemophilia center; or
2.a qualifying acute care hospital that is classified as a major teaching hospital that operates a comprehensive burn unit consisting of dedicated pediatric and adult beds solely for the provision of burn related services , including the provision of intensive care services, and is classified as a special reimbursement category by the Department of Health and Hospitals.
3.Qualifying hospitals must submit program cost information as required by the department.

AUTHORITY NOTE:Promulgated in accordance with R.S. 36:254 and Title XIX of the Social Security Act.

HISTORICAL NOTE:Promulgated by the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 34:655 (April 2008), amended LR 35:

Implementation of the provisions of this Rule may be contingent upon the approval of the U.S. Department of Health and Human Services, Center for Medicaid Services (CMS) if it is determined that submission to CMS for review and approval is required.

Interested persons may submit written comments to Jerry Phillips, Bureau of Health Services Financing, P.O. Box 91030, Baton Rouge, LA 70821-9030. He is responsible for responding to all inquiries regarding this Emergency Rule. A copy of this Emergency Rule is available for review by interested parties at parish Medicaid offices.

Alan Levine

Secretary

0810#087

DECLARATION OF EMERGENCY

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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