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2009 Louisiana Legislative Session

7.1.2009
DHH releases fact sheet on HB 881 and DHH's Final Budget for 2009-10
Read the HB 881 Fact Sheet

6.25.2009
Adjourned!  Log into the Members Only section for complete details on the end of session.

6.22.2009 
The Impact of Proposed Medicaid Budget Cuts of Physician Payments  

  • Patient Access to Health Care Services - Participation of physicians in the Medicaid program is voluntary. Despite the progress made with the long overdue increase in reimbursement in 2007, physicians continue to struggle with a very thin margin over their actual costs for delivering care. Cuts in reimbursement will drop them below their actual costs and force them to leave the program.  
  • Recruitment and Retention of Physician Manpower - Reduction of Medicaid payments coupled with dwindling reimbursement rates from private insurance coverage will make it more difficult to recruit physicians to Louisiana, which is already a health care manpower shortage state. Lower reimbursement rates make it more attractive for physicians to consider professional opportunities outside of Louisiana. 
  • Increased Overall Costs of Providing Health Care to Medicaid Patients - More patients unable to see a physician will wind up in hospital emergency rooms, which is the most expensive form of basic health care. This is already a habitual pattern that is recognized to be in need of change and fewer physicians treating Medicaid patients will only exacerbate the problem. 

6.19.2009 
Statements from Secretary Levine, Speaker Tucker and President Chaisson on filing of resolution to request assistance from Congress on Louisiana's FMAP rate
Read SCR 137

Statement from DHH Secretary Alan Levine

"Our top priority is to get these federal reductions reversed. If these cuts are permitted to go into effect next year, it will be devastating to our Medicaid program and to our safety net health care providers. I am not aware of any state facing such a dramatic cut. We are going to call upon all our collective resources to try and get this addressed either by the Obama administration, through Congress, or both."

Statement from Louisiana Speaker of the House Jim Tucker

"Today, we passed a concurrent resolution requesting Congress to take action in preventing the negative, unintended consequences of disaster recovery funding on our state's federal match for caring for the poor and uninsured. Our budget picture this year is grim, but next year and the year after, we will face still tougher challenges. We are united in our desire to work with our federal partners to ensure we have the resources to care for our citizens."

Statement from Louisiana Senate President Joel Chaisson

"Our state budget cannot sustain the impact of the shortfall these federal cuts will create. Other programs, like education and public safety, could suffer as well if we are forced to fill a shortfall of this magnitude. The Senate stands ready to work with Governor Jindal, Secretary Levine and our colleagues in the House to send a clear message to Congress that Louisiana needs this unintended effect of their generosity to be addressed." 

 

LSMS Grassroots Advocacy Web site

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Members may log in now (see top right of this page) to receive continuous updates on pending legislation. The site provides one-click access to your state representatives as well as vital information, such as bill numbers and LSMS positions and talking points.

LSMS Hot Topics

Contact Your Representatives

General Information

The Public Update Legislative Services Line or PULS Line, is available to you by dialing 342-2456 in the Baton Rouge area or toll free (Louisiana only) 800-256-3793 outside Baton Rouge. TTY contact telephone numbers are (225) 219-4688 in Baton Rouge and (888) 850-6489 statewide. Legislative staff will answer your questions about bills on various topics, direct you to the proper place for committee information, explain aspects of the legislative process and more. PULS Line is operated jointly by the House and the Senate with additional staffing and phone lines.


Balance Billing

Consumer Billing: A Hot Topic in the Upcoming Session 3.10.2009 
With the Louisiana Legislature passage of the Health Care Consumer Billing and Disclosure Protection Act of 2003, the issue of consumer billing seemed to be settled. Effective January 1, 2004, this law addressed the issue of “balanced billing,” a practice in which healthcare providers bill for the balance of a bill for care rendered by the provider and not paid for by insurer health benefits. Under the 2003 law, detailed provisions prohibited, in most cases, the act of balanced billing by healthcare providers. The law also set forth specific language that must be included on patient bills generated by both providers and insurers, and outlines the process for registering complaints and for levying penalties. Recently, Insurance Commissioner James J. Donelon has asked for the law to be reviewed in the 2009 Regular Legislative Session because some patients have expressed objections about the billing process. The LSMS believes the current law adequately meets the needs of patients and providers, and will monitor this issue over the coming months. For your information, a summary of the current law follows.  

A Review of the Current Law
Contracted healthcare providers are required to clearly delineate the amount billed to the health insurance issuer and the amount owed by the enrollee or insured; as well as include certain language on activity statements and bills. Contracted healthcare providers are prohibited from attempting to collect, or from collecting, from an insured or enrollee any amount that is: in excess of the contracted reimbursement rate for covered healthcare services (“discount billing”); a health insurance issuer liability (“dual billing”); or, any amount other than coinsurance, co-payments, deductibles, payment for non-covered or non-contracted healthcare services, or any other amount identified by the health insurance issuer on an Explanation of Benefits (EOB) as the liability of the health insurance issuer.

Please note that if any of the above occur based on information received from the insurer, the provider shall not be in violation. Contracted healthcare providers are prohibited from maintaining any legal action against an insured or enrollee for a health insurance issuer liability or for payment of any amount in excess of the contracted reimbursement rate; in the event of such an action, the prevailing party may recover all costs incurred. The law does not affect non-contracted physicians, with one exception: If a non-contracted, facility-based physician provides health care services in a base healthcare facility to an insured or enrollee, and files a claim for those services, the health insurance issuer must then provide the facility based physician with an EOB as to any payment determination. Health plans are subject to fines of up to $5,000 per violation. Providers may face fines of up to $1,000 per claim or violation.

Patient Friendly Billing: A Guide to Understanding Provider Responsibilities Under Louisiana's Health Care Consumer Billing and Disclosure Protection Act of 2003, is a detailed brochure that provides a review of the law and guidance to healthcare providers in complying with current laws. The information was compiled through the cooperative efforts of the members of the Louisiana Managed Care Coalition: Louisiana Hospital Association, Louisiana Medical Group Managers Association, and Louisiana State Medical Society.


Professional Liability Insurance

  • Louisiana Medical Malpractice: A Brief History
  • Looming Medical Malpractice Issues


    Medicare-Medicaid

    Medicaid to Change Prescription Limit 3.20.2009 
    After input received at the March 4th stakeholder's meeting, DHH has decided to go ahead with their proposed rule to reduce Medicaid pharmacy prescription limits to five prescriptions per month with an effective date of May 1, 2009, in order to meet the directive of the legislature for the end of this fiscal year.

    "This is not a perfect solution to the cost issue," said Dr. Van Culotta, chair of the LSMS Council on Legislation. "The LSMS is committed to working with the DHH to make the program better for patients and providers while addressing its expanding costs."

    The new emergency rule will be published in the April 2009 Louisiana Register. DHH will be sending a letter to Medicaid recipients affected by the change in policy, as well as sending the policy changes to pharmacy providers and prescribing practitioners. The current override provisions for the program regarding the preferred drug list will not change. Read more.

    Medicaid to Change Prescription Limit 2.11.2009  
    DHH has proposed an Emergency Rule to change the allowed monthly limit of Medicaid prescriptions from eight to five unless accompanied by a physician's "medical necessity override." The proposed Emergency Rule, originally scheduled for publication on February 20, 2009 with implementation on March 1, 2009, was put on hold after vigorous opposition by the LSMS, the LA Chapter of the Academy of Family Practice Physicians, as well as numerous legislators.

    Dr. Keith F. DeSonier, MD, met with Secretary Alan Levine and registered LSMS' concern and the impracticability and hidden costs associated with the proposed prescription limitation. Secretary Levine understood the impact that the Emergency Rule would have on physicians, and will work with the LSMS regarding our concerns.  

    Legislators were advised of the LSMS' apprehension about the rule and Representative Fred Mills, a pharmacist, championed our concerns vigorously and has been in repeated contact with Secretary Levine explaining the unintended consequences of lowering the Medicaid prescription limit to five in great detail. As a pharmacist, Representative Mills gave examples as to how the implementation of this proposed Emergency Rule would bring more patients into the emergency room and dramatically increase costs rather than decrease costs.

    Secretary Levine has agreed not to sign this proposed Emergency Rule until he has had an opportunity to meet with physicians and other health care provider groups. The LSMS will be advised when a meeting can be arranged. For more information or comments about the proposed rule, please contact Sharon J. Knight, Director of the LSMS Department of Governmental Affairs.

    Medicare Advisory Agency to Back 1.1% Physician Pay Raise for 2010 2.9.2009
    According to an article published in the AMNews, Congress' Medicare advisers will recommend that physicians receive a 1.1% pay increase in 2010 instead of the roughly 21% cut that is currently on tap. The recommendation will appear in the annual March report to lawmakers from the Medicare Payment Advisory Commission, a congressional agency that counsels lawmakers on how they should set Medicare rates. Read the entire article by Chris Silva, AMNews staff.


    LA Health Care System Reform

    LSMS Senate Briefing 12.17.2008 
    The LSMS appeared before the Louisiana Senate on Wednesday, December 17th to provide its assessment of the Concept Paper describing Governor Jindal's proposed Medicaid reform program called Louisiana Health First (LHF). Senators heard a presentation on the program by Governor Bobby Jindal and Secretary Alan Levine followed by extensive questions and responses. LSU Health Sciences Center, the Louisiana Hospital Association (LHA), the LSMS and the Louisiana Association of Health Plans (LaHP) were asked to give their comments as well. Making the presentation on behalf of the LSMS was former LSMS President Dr. Daniel "Stormy" Johnson.

    Listen to Dr. Johnson's Senate briefing
    The Senate archived the entire health care reform briefing on their site. The link to the site where you load the clip is http://senate.legis.state.la.us/video/2008/December.htm#17.

    Instructions
    Scroll down to the listing for the health care reform briefing. NOTE: What you have to do is load the presentation from the beginning and then move the scroll bar all the way to the right to get to the afternoon session. Dr. Johnson's speech begins at about 1 hour 14 mins and 52 seconds into the afternoon session.

    LSMS Presentation to Senate 12.17.2008
    Louisiana Health First (LHF)
    LSMS Statement on LHF 11.06.2008

    LSMS Reform Plans
    Health Access Louisiana (HAL)
    Health Access Louisiana (HAL) *smaller file
    Access to Better Care (ABC)

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    Louisiana State Medical Society | 6767 Perkins Road, Suite 100 | Baton Rouge, Louisiana 70808
    800.375.9508 | 225.763.8500 | 225.763.6122 (Fax) | executive@lsms.org