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0 chapters · 870 sections in this title.
La. Rev. Stat. § 46:433 Bond; account; oath and letters
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§433. Bond; account; oath and letters A. The curator shall be accountable at whatever intervals are specified by the court and the court shall have the right to require a bond or whatever other security is deemed necessary by the court to ensure the faithful performance of the cu…
La. Rev. Stat. § 46:434 Final discharge of curator
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§434. Final discharge of curator A. The curator shall be discharged from his duties for any of the following reasons: (1) Upon the interdiction of the incompetent person under existing law. (2) Upon proper proof to the court that the incompetent person has become sufficiently com…
La. Rev. Stat. § 46:435 Costs
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§435. Costs The entire cost of the proceedings herein authorized shall not exceed (a) in uncontested cases the sum of $10.00, exclusive of the fee of the special counsel who may be appointed and of the court reporter; (b) and in contested cases shall not exceed $10.00, exclusive …
La. Rev. Stat. § 46:437.1 Short title
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§437.1. Short title This Part may be cited as the "Medical Assistance Programs Integrity Law". Acts 1997, No. 1373, §1.
La. Rev. Stat. § 46:437.10 Continuing liability; assumption of liability
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§437.10. Continuing liability; assumption of liability A. A health care provider or person from whom recovery is due shall remain liable for the recovery regardless of any sale, merger, consolidation, dissolution, or other disposition of the health care provider or person, provid…
La. Rev. Stat. § 46:437.11 Provider agreements
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§437.11. Provider agreements A. The department shall make payments from medical assistance programs funds for goods, services, or supplies rendered to recipients to any person who has a provider agreement in effect with the department, who is complying with all federal and state …
La. Rev. Stat. § 46:437.12 Provider agreement requirements
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§437.12. Provider agreement requirements A. In addition to the requirements specified in R.S. 46:437.11, the provider agreement developed by the department shall require the health care provider to comply with the following: (1) At the time of signing the provider agreement, have…
La. Rev. Stat. § 46:437.13 Powers and duties of the department
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§437.13. Powers and duties of the department A. The department shall: (1) Make payment timely at the established rate for goods, services, or supplies furnished to a recipient by the health care provider upon receipt of a properly completed and properly supported claim. (2) Requi…
La. Rev. Stat. § 46:437.14 Grounds for denial or revocation of enrollment
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§437.14. Grounds for denial or revocation of enrollment A. The department may deny or revoke enrollment in the medical assistance programs to a health care provider if any of the following are found to be applicable to the health care provider, his agent, a managing employee, or …
La. Rev. Stat. § 46:437.2 Legislative intent and purpose
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§437.2. Legislative intent and purpose A. This Part is enacted to combat and prevent fraud and abuse committed by some health care providers participating in the medical assistance programs and by other persons and to negate the adverse effects such activities have on fiscal and …
La. Rev. Stat. § 46:437.3 Definitions
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§437.3. Definitions As used in this Part, the following terms have the following meanings: (1) "Administrative adjudication" means adjudication and the adjudication process contained in the Administrative Procedure Act. (2) "Agent" means a person who is employed by or has a contr…
La. Rev. Stat. § 46:437.4 Claims review and administrative sanctions
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§437.4. Claims review and administrative sanctions A.(1) Pursuant to rules and regulations promulgated in accordance with the Administrative Procedure Act, the secretary shall establish a process to review a claim made by a health care provider to determine if the claim should be…
La. Rev. Stat. § 46:437.5 Settlement
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§437.5. Settlement A. The secretary or the attorney general may agree to settle a matter for which recovery may be sought on behalf of the medical assistance programs or for a violation of this Part. The terms of the settlement shall be reduced to writing and signed by the partie…
La. Rev. Stat. § 46:437.6 Injunctive relief; lis pendens; disclosure of property and liabilities
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§437.6. Injunctive relief; lis pendens; disclosure of property and liabilities A.(1) Concurrently with a withholding of payment, a sanction being imposed, or the institution of a criminal, civil, or departmental proceeding against a health care provider or other person, the secre…
La. Rev. Stat. § 46:437.7 Forfeiture of property for payment of recovery
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§437.7. Forfeiture of property for payment of recovery A. In accordance with the provisions of Subsection B of this Section, the court may order the forfeiture of property to satisfy recovery under the following circumstances: (1) The court may order the health care provider or o…
La. Rev. Stat. § 46:437.8 Venue
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§437.8. Venue An action instituted pursuant to R.S. 46:437.6 or 437.7 may be brought in any of the following courts: (1) The Nineteenth Judicial District Court for the parish of East Baton Rouge. (2) A district court in the parish in which a health care provider or other person f…
La. Rev. Stat. § 46:437.9 Privilege; nondischargeability
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§437.9. Privilege; nondischargeability A. Recovery shall be granted a privilege under state law as to all property owned by the health care provider or other person from whom recovery is due and shall be effective as to third parties only if notice of pendency, lis pendens, is pl…
La. Rev. Stat. § 46:438.1 Civil actions authorized
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§438.1. Civil actions authorized A. The attorney general shall diligently investigate a violation of this Part. The secretary or the attorney general, on behalf of the state, may institute a civil action in the Nineteenth Judicial District Court for the parish of East Baton Rouge…
La. Rev. Stat. § 46:438.2 Illegal remuneration
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§438.2. Illegal remuneration A. No person shall solicit, receive, offer, or pay any remuneration, including but not limited to kickbacks, bribes, rebates, or bed hold payments, directly or indirectly, overtly or covertly, in cash or in kind, for the following: (1) In return for r…
La. Rev. Stat. § 46:438.3 False or fraudulent claim; misrepresentation; unlawful acts
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§438.3. False or fraudulent claim; misrepresentation; unlawful acts A. No person shall knowingly present or cause to be presented a false or fraudulent claim for payment or approval. B. No person shall knowingly engage in misrepresentation or knowingly make, use, or cause to be m…
La. Rev. Stat. § 46:438.4 Illegal acts regarding eligibility and recipient lists
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§438.4. Illegal acts regarding eligibility and recipient lists A. No person shall knowingly make, use, or cause to be made or used a false, fictitious, or misleading statement on any form used for the purpose of certifying or qualifying any person for eligibility for the medical …
La. Rev. Stat. § 46:438.5 Civil monetary penalty
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§438.5. Civil monetary penalty A. In a civil action instituted in the courts of this state pursuant to the provisions of this Part, the secretary or the attorney general may seek a civil monetary penalty provided in R.S. 46:438.6(C) from any of the following: (1) A health care pr…
La. Rev. Stat. § 46:438.6 Recovery
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§438.6. Recovery A. Actual damages. (1) Actual damages incurred as a result of a violation of the provisions of this Part shall be recovered only once by the medical assistance programs and shall not be waived by the court. (2), (3) Repealed by Acts 2025, No. 206, §2. B. Civil fi…
La. Rev. Stat. § 46:438.7 Reduced damages
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§438.7. Reduced damages If requested by the secretary or the attorney general, the court may reduce to not less than twice the actual damages or any recovery required to be imposed under the provisions of this Subpart if all of the following extenuating circumstances are found to…
La. Rev. Stat. § 46:438.8 Burden of proof; prima facie evidence; standard of review
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§438.8. Burden of proof; prima facie evidence; standard of review A. The burden of proof in an action instituted pursuant to this Part shall be on the medical assistance programs and by a preponderance of the evidence, except that the defendant shall carry the burden of proving t…
La. Rev. Stat. § 46:439.1 Qui tam action; civil action filed by private person
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§439.1. Qui tam action; civil action filed by private person A. A private person may institute a civil action in the courts of this state on behalf of the state and himself to seek recovery for a violation of R.S. 46:438.2, 438.3, or 438.4 pursuant to the provisions of this Subpa…
La. Rev. Stat. § 46:439.2 Qui tam action procedures
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§439.2. Qui tam action procedures A. The following procedures shall be applicable to a qui tam action: (1) The complaint shall be captioned: State of Louisiana Ex Rel.: [insert name of qui tam plaintiff(s)] v. [insert name of defendant(s)]". The qui tam complaint shall be filed w…
La. Rev. Stat. § 46:439.3 Qui tam action procedures; alternative remedies
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§439.3. Qui tam action procedures; alternative remedies Notwithstanding any other provision of this Subpart, the secretary or the attorney general may elect to pursue an administrative or civil action against a qui tam defendant through any alternative remedy available to the sec…
La. Rev. Stat. § 46:439.4 Recovery awarded to a qui tam plaintiff
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§439.4. Recovery awarded to a qui tam plaintiff A.(1) Except as provided by Subsection D of this Section and Paragraph (3) of this Subsection, if the state proceeds in the action brought by a qui tam plaintiff, the qui tam plaintiff shall receive at least fifteen percent, but not…
La. Rev. Stat. § 46:440.1 Medical Assistance Programs Fraud Detection Fund
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§440.1. Medical Assistance Programs Fraud Detection Fund A. The Medical Assistance Programs Fraud Detection Fund, hereafter referred to as the "fund", is created in the state treasury as a special fund. The monies in the fund shall be invested by the state treasurer in the same m…
La. Rev. Stat. § 46:440.11 Legislative findings; declaration; purpose
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§440.11. Legislative findings; declaration; purpose A. The legislature hereby finds all of the following: (1) States are required to implement provisions of the Patient Protection and Affordable Care Act, comprised of Public Laws 111-148 and 111-152, relative to Medicaid recovery…
La. Rev. Stat. § 46:440.12 Definitions
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§440.12. Definitions As used in this Subpart, the following terms have the meaning ascribed in this Section: (1) "Adverse determination" means any decision rendered by the recovery audit contractor that results in a payment to a provider for a claim or service being reduced eithe…
La. Rev. Stat. § 46:440.13 Recovery audit contractor program established; rulemaking
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§440.13. Recovery audit contractor program established; rulemaking A. There is hereby established within the department a recovery audit contractor program. The program shall adhere to the requirements provided in this Subpart. B. The department shall promulgate all rules in acco…
La. Rev. Stat. § 46:440.14 Recovery audit contractors; required functions and tasks
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§440.14. Recovery audit contractors; required functions and tasks A. Notwithstanding any other provision of law to the contrary, the department shall require that its recovery audit contractor perform all of the following functions and tasks: (1) Review claims within three years …
La. Rev. Stat. § 46:440.15 Healthcare provider appeals process
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§440.15. Healthcare provider appeals process A. A provider shall have a right to the informal and formal appeals processes for determinations made by the recovery audit contractor as provided in this Section. B. The contractor shall establish an informal appeals process that conf…
La. Rev. Stat. § 46:440.16 Contractor performance oversight; penalties; protections
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§440.16. Contractor performance oversight; penalties; protections A. If more than twenty-five percent of the contractor's adverse determinations are overturned on appeal in any six-month period, then the House Committee on Health and Welfare and the Senate Committee on Health and…
La. Rev. Stat. § 46:440.2 Rewards for fraud and abuse information
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§440.2. Rewards for fraud and abuse information A. The secretary may provide a reward of up to two thousand dollars to an individual who submits information to the secretary which results in recovery pursuant to the provisions of this Part, provided such individual is not himself…
La. Rev. Stat. § 46:440.21 Medicaid program integrity measures
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§440.21. Medicaid program integrity measures A. The legislature hereby finds and declares the following: (1) It is the policy of this state to protect public benefits for those who are truly needy and eligible for such benefits and to prevent waste and fraud from limiting availab…
La. Rev. Stat. § 46:441 RS 46:441
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§441 eff. until Oct. 1, 2027. See Acts 2025, No. 478. §441. Surviving spouse of public assistance recipients; retention of benefits received during month of death A surviving spouse of a general assistance recipient is hereby authorized to receive and retain any financial assista…
La. Rev. Stat. § 46:442 Medicaid provider claims; period for filing
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§442. Medicaid provider claims; period for filing A. In administering the Medicaid program of this state, the Louisiana Department of Health shall not limit the period within which a healthcare provider may submit a claim for payment for a covered service rendered to a Medicaid p…
La. Rev. Stat. § 46:443 RS 46:443
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§443 eff. until Oct. 1, 2027. See Acts 2025, No. 478. §443. Exemption of income and resources The secretary of the Department of Children and Family Services and the secretary of the Louisiana Department of Health are hereby authorized to adopt income and resources exemption poli…
La. Rev. Stat. § 46:444 RS 46:444
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§444 eff. until Oct. 1, 2027. See Acts 2025, No. 478. §444. Cooperation with administrative agencies relative to interchange of information The Department of Children and Family Services is hereby authorized to provide for interchange of such information necessary in providing fo…
La. Rev. Stat. § 46:445 Minor emancipated by marriage; nursing care benefits
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§445. Minor emancipated by marriage; nursing care benefits A minor emancipated by marriage shall not be ineligible, by reason of age alone, to apply for and receive nursing care benefits. Added by Acts 1970, No. 347, §1.
La. Rev. Stat. § 46:446 Recovery of medical assistance payments; notice; pleadings; compromise;
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§446. Recovery of medical assistance payments; notice; pleadings; compromise; prescription; privilege for reimbursement of Medicaid payments A. As used in this Section, the following terms have the meaning ascribed in this Subsection: (1) "Department" means the Louisiana Departme…
La. Rev. Stat. § 46:446.1 Notice to department by insurance companies; payment of assigned claims; civil
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§446.1. Notice to department by insurance companies; payment of assigned claims; civil penalties A.(1) Every person or entity authorized to issue a hospital or medical service contract or any insurance contract in the state of Louisiana, shall provide notice to the Louisiana Depa…
La. Rev. Stat. § 46:446.2 Third-party liability; acquisition of rights
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§446.2. Third-party liability; acquisition of rights A. For purposes of R.S. 46:446.2 through 446.5, "third party" shall mean health and accident insurers, group health plans as defined in §607(1) of the Employee Retirement Income Security Act of 1974, service benefit plans, hosp…
La. Rev. Stat. § 46:446.3 Prenatal or preventive pediatric care; payment and reimbursement
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§446.3. Prenatal or preventive pediatric care; payment and reimbursement In the case of prenatal or preventive pediatric care including early and periodic screening and diagnosis services paid by Medicaid, the department shall: (1) Make payment for such service in accordance with…
La. Rev. Stat. § 46:446.4 Payment for dependent children; reimbursement
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§446.4. Payment for dependent children; reimbursement In the case of any services covered by Medicaid which are provided to an individual on whose behalf child support enforcement is being carried out by the state, the department shall: (1) Make payment for such service in accord…
La. Rev. Stat. § 46:446.5 Participating providers; furnishing of services; collection of fees
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§446.5. Participating providers; furnishing of services; collection of fees A. A person who furnishes services and is participating as a provider in the Medicaid program may not refuse to furnish services to an individual who is entitled to have payment made by Medicaid for the s…
La. Rev. Stat. § 46:446.6 Definitions; requirements of health insurers for the right of the Louisiana
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§446.6. Definitions; requirements of health insurers for the right of the Louisiana Department of Health and of health care providers to recover in Medicaid claims A. As used in this Section, the following words and phrases shall have the following meanings: (1) "Department" mean…
