These are the legal provisions related to hospital financial assistance/charity care in the state of Louisiana. This is intended for educational use and should not be treated as legal advice.
Is there a state charity care law?
Yes, Louisiana has its own law.
Qualifications for charity care in Louisiana
Does the law specify a minimum Federal Poverty Level (FPL) for charity care?
No, Louisiana law does not specify a minimum FPL, so federal law would apply.
Federal law does not set a minimum FPL. Nonprofit hospitals are simply required to follow their financial assistance policy.
Does the law specify a minimum deadline for applying for charity care?
Louisiana law specifies the minimum at 240 days from the first post-discharge bill.
Does the law specify that having insurance disqualifies a patient for charity care?
Louisiana law explicitly requires hospitals to provide assistance to the insured.
Does the law specify that patients must be residents to be eligible for charity care?
The limited state law benefits only apply to Louisiana residents.
Does the law specify that patients must be US citizens or documented immigrants/lawful permanent residents to be eligible for charity care?
Louisiana law does not address this matter, so federal law would apply.
Federal law does not directly answer this. However, we think that federal law prohibits nonprofit hospitals from denying patients charity care because of their immigration status.
Does the law specify that patients must owe a minimum bill amount in order to be eligible for charity care?
Louisiana law does not address this matter, so federal law would apply.
Federal law says that non-profit hospitals may not require a minimum bill amount for a patient to qualify for charity care. All emergency and medically necessary care conducted at a non-profit hospital is eligible for charity care.
How the law applies to copays in Louisiana
Does the law specify that patients cannot be responsible for a copay if they are eligible for charity care?
Louisiana prohibits requiring a copay for emergency services.
Does the law specify that hospitals cannot deny financial assistance to cover patient copays, coinsurance, or deductibles?
Louisiana prohibits requiring a copay for emergency services.
Collections laws related to charity care in Louisiana
Does the law specify that hospitals cannot deny financial assistance to cover patient copays, coinsurance, or deductibles?
A nonprofit hospital may send you to collections at any time, but they must wait 120 days from when they sent the first post-discharge bill to sell your debt, report it to a credit reporting bureau, or engage in a judicial process such as a lawsuit or garnishment. A nonprofit hospital can send to a collector that is not a debt buyer so-long as they comply with the rules in their Billing and Collections Policy.
Length of time charity care can be applied to future bills in Louisiana
Does the law specify that hospitals must honor a charity care decision for future bills for a specific length of time?
Louisiana law does not address this matter, so federal law would apply.
Federal law does not directly address this. Nonprofit hospitals are simply required to follow their financial assistance policy.