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Department of Health and Hospitals

Office of the Secretary

Bureau of Health Services Financing

Disproportionate Share Hospital Payments Non-Rural Community Hospitals and Federally Mandated Statutory Hospitals (LAC 50.V.2701 and 2703)

The Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing amends LAC 50:V.2701 and §2703 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). The department promulgated an Emergency Rule to amend the May 1, 2008 Rule to revise the definition of a non-rural community hospital (Louisiana Register, Volume 34, Number 7). This Emergency Rule is being promulgated to continue the provisions of the June 26, 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 27, 2008, the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing amends the May 1, 2008 Emergency 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.Definitions

Non-Rural Community Hospitala non-state, non-rural hospital that may be either publicly or privately owned. Psychiatric, rehabilitation and long term hospitals may also qualify for this category.

B. - I.

J.Hospitals qualifying as non-rural community hospitals in state fiscal year 2007-2008 may also qualify in the federally mandated statutory hospital category.

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 34:

§2703.Federally Mandated Statutory Hospitals

A.Definition

Federally Mandated Statutory Hospitala hospital that meets the federal DSH statutory utilization requirements in §2503.A.4.a-b.ii.

B. - D.2.

E.The federally mandated statutory hospital category may also include hospitals qualifying as non-rural community hospitals in state fiscal year 2007-2008.

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 34:656 (April 2008), amended LR 34:

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#086

DECLARATION OF EMERGENCY

Department of Health and Hospitals

Office of the Secretary Bureau of Health Services Financing

Facility Need Review Exception Criteria for Bed Approval (LAC 48:I.12501)

The Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing amends LAC 48:I.12501 in the Medical Assistance Program as authorized by R.S. 36:254 and 40:2116. 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 promulgated a Rule to adopt provisions governing the facility need review process (Louisiana Register, Volume 21, Number 8). The department amended this Rule in May 2006 to establish provisions governing the exemption from the facility need review process for emergency replacement of facilities destroyed by fire, a natural disaster, or potential health hazard (Louisiana Register, Volume 32, Number 5). The department now proposes to amend the May 20, 2006 Rule

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

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