1. A. A “638” facility’s participation in the Medicaid Program may be cancelled if it is determined that the facility is not providing care in compliance with Medicaid regulations and/or state laws.

2. B. The Department of Health and Hospitals may, at its discretion, cancel the participation of these facilities if:

   1. 1. it determines that the health care needs of the Louisiana’s American Indian population are not being met by the facility; or
   2. 2. CMS discontinues the terms of the Memorandum of Agreement with Indian Health Service which allow states to claim 100 percent federal medical assistance percentage for payments made by the state for services rendered to Medicaid eligible American Indians through an IHS owned or leased facility or a tribal “638” facility.

Authority Note

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

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 31:2029 (August 2005).