The section creates the Louisiana Medical Assistance Trust Fund and sets rules for how its money must be deposited, invested, spent, and reported.
§2623. Louisiana Medical Assistance Trust Fund A. There is hereby established as a special fund in the state treasury the Louisiana Medical Assistance Trust Fund, hereinafter referred to as the "fund", which shall consist of monies generated by the provider fees on healthcare services collected and authorized for deposit into the fund as provided by law and any other monies which may be provided by law. The monies in the fund shall be invested by the state treasurer in the same manner as monies in the state general fund. All interest earned from the investment of monies in the fund shall be deposited in and remain to the credit of the fund and allocated to each separate account on a pro-rata basis. All unexpended and unencumbered monies remaining in the separate accounts of the fund at the close of each fiscal year shall remain in the separate accounts of the fund. B.(1) The state treasurer shall establish a separate account within the fund for each healthcare provider group in which provider fees are collected and deposited into the fund in accordance with law. Any monies deposited into the fund from other sources, and the interest earned on those monies, shall be deposited into a separate account within the fund, hereafter referred to as the "general account". (2) The state treasurer shall deposit monies collected from each provider group's provider fees into the account created for that provider group based upon actual collections of the provider fees. (3) The monies, including interest earnings, in each separate account shall be appropriated by the legislature to the Medicaid program solely as provided in Subsection C of this Section. C.(1) The legislature is authorized to appropriate monies from the separate accounts only if the appropriation is eligible for federal financial participation under Title XIX of the Social Security Act, or its successor, except monies deposited into the general account may be appropriated for any Medicaid program expenditure. (2) The Louisiana Department of Health, or its successor, shall expend monies deposited into each account only for the reimbursement of services to the provider group that paid the fee into the account in any fiscal year, except the general account may be expended for any Medicaid program expenditure. Any expenditure from the separate accounts for any purpose other than medical assistance payments for the providers paying the fee shall be void. D. The monies in the fund shall not be used to displace, replace, or supplant appropriations from the state general fund for the Medicaid program below the amount of state general fund appropriations to the agency for the 2012-2013 Fiscal Year. E.(1) The state treasurer shall report the status and utilization of the fund and the separate accounts quarterly to the secretary of the Louisiana Department of Health, or its successor, and the Joint Legislative Committee on the Budget. (2) The Louisiana Department of Health, or its successor, shall report on the expenditure of funds out of each separate account that comprises the fund quarterly to the Joint Legislative Committee on the Budget. Acts 1992, No. 260, §1, eff. June 10, 1992; Acts 2009, No. 438, §9(A); Acts 2013, No. 409, §1, eff. June 20, 2013; Acts 2016, No. 675, §1; Acts 2019, No. 404, §1, eff. July 1, 2020.