“This defendant blatantly violated the trust bestowed upon him by the Our Lady of the Lake Foundation and people they serve by stealing valuable resources from those who needed it most"
BATONROUGE, La. (WAFB) - A judge sentenced Former Our Lady of the Lake fundraiser John Paul Funes to 33 months in prison Thursday (Oct. 24). He will also have to pay a $50,000 fine.
Standing with a shaking voice in front of Judge John deGravelles, Funes apologized to former colleagues at the hospital he once worked for, to his family, and to the victims.
"The crimes and sins I committed were a result of weakness," Funes said. "I lived a culture of lies."
Funes is convicted of stealing nearly $800,000 from the Our Lady of the Lake Foundation for personal use. The foundation raises money for Our Lady of the Lake Regional Medical Center and its affiliate hospitals.
He has repaid the $800,000 to the hospital, and will pay the $50,000 fine to the U.S. Government.
Funes made his first court appearance Wednesday, June 12, in which he waived his right to a grand jury indictment and a preliminary hearing. He pleaded guilty to federal charges of wire fraud and money laundering Thursday, June 20.
Prosecutors say Funes, 49, flew family and friends to LSU and New Orleans Saints football games under the guise of “outbound patient transports,” and labeled gift cards he purchased for himself as gifts for cancer patients in order to balance the hospital’s books.
Funes said he prays for the victims of his crimes every day and described his crimes as “awful and senseless.”
“The pain, regret, and remorse I feel is almost as hard to process as the crimes,” he said.
For a similar, first-time white-collar criminal, the federal government typically recommends sentences of 33 to 41 months in jail, accompanied by $15,000-$500,000 fines. Green asked the judge to sentence Funes to just a year-long prison term.
Funes says he’s spent an hour each week in therapy for the past 11 months and saw a counselor as recently as the day before his sentencing.
"I will spend the rest of my life showing these family members who I really am," Funes said.
"These wounds were self-inflicted," Funes' lawyer, Walt Green said.
Green says Funes sought out parents of cancer patients on his own to apologize to them. Two of those parents wrote deGravelles letters in support of Funes.
"This is the most difficult sentencing I've had in all my years on the bench," Degravelles said.
“This was done over and over and over again over a period of six years," the judge said. “This was not a case of Robin Hood.”
Two former LSU football players, Vadal Alexander and Rohan Davey, have found themselves indirectly tied up in the Funes saga.
Funes hired Alexander’s father to do chores, including cutting grass and cleaning up after events, two sources familiar with the case told WAFB in June. But the father soon grew tired of the job and quit, the sources say. The payments, which totaled nearly $180,000, continued even after he quit, sources said.
The money received by James Alexander from Funes was transferred while his son was still on the LSU football team, the sources say.
Funes also sent checks totaling around $107,000 to the mother and sister of former LSU football player Rohan Davey. The pair ultimately funneled back about $63,000 of the money to Funes, sources said.
Davey was not an LSU player when Funes made payments to his relatives. In court, federal prosecutors made reference to the Davey family as ‘victims’ who were sucked into Funes’s scheme.
“I can’t comment on any NCAA investigation or whether there is one or not,” Green said in an interview with WAFB. He would not say whether he or Funes has been contacted by NCAA representatives.
“This defendant blatantly violated the trust bestowed upon him by the Our Lady of the Lake Foundation and people they serve by stealing valuable resources from those who needed it most," said U.S. Attorney Brandon J. Fremin. "This conviction and sentence should serve as a warning to those who would betray such trust. We are pleased that justice has prevailed.”
Funes will turn himself in to prison in early December. He could be released a few months early on good time.
Copyright 2019 WAFB. All rights reserved.
RECENT DENIAL OF TREATMENT
BY PRIMARY CARE PHYSICIAN, J. MICHAEL ROBINSON, DURING CONTRACTION OF COVID-19 SELF-QUARANTINE, WHEREBY a PHYSICIAN FROM SAME FMOLHS OLOL, PHYSICIAN GROUP, DID INITIALLY, UNDER PROTEST, AGREE TO PROVIDE 1 EMERGENCY PRESCRIPTION TO AVOID SERIOUS COMPLICATIONS OF WITHDRAWAL;
COVID SYMPTOMS, DIAGNOSED CELLULITIS HE LEFT UNTREATED, DANGEROUSLY IGNORING INFECTION OF BOTH LEGS.
HAVING RESPONDED TEMPORARILY TO ER COURSE OF ANTIBIOTICS, THEN SECOND COURSE, BEGRUDGINGLY PRESCRIBED BY ROBINSON, WHOSE INITIAL, CURSORY, NO-TOUCH, VISUAL ONLY, IN-OFFICE EXAMINATION, RENDERED THE BAD NEWS TO THE OLOL ER SPECIALIST AND TWO OTHER PHYSICIANS:
WHO HAD DIAGNOSED CELLULITIS, WAS WRONG--BUT HE WOULD PRESCRIBE ONE COURSE OF ANTIBIOTICS, ANYWAY--NO BLOOD TEST, NO OINTMENT--AND IN HIS ESTIMATION, HE COULD DO NOTHING FOR THE PRESENT CONDITION; HOWEVER, HIS TREATMENT PLAN CONSISTED OF ME SELF-REFERRING MYSELF TO A CARDIOLOGIST, IN WHAT MUST HAVE SEEMED TO HIM AS THE MOST EFFICACIOUS MANNER IN WHICH I COULD LEAVE HIS CLINIC OFFICE--QUICKER THAN HIS KNOWLEDGE OF ALL MEDICAL THINGS MIGHT LAST.
I SHOULD MAKE AN APPOINTMENT WITH MY CARDIOLOGIST (FOR THE ALREADY DIAGNOSED STAPH INFECTION OF MY LEGS), ADDITIONALLY, INFORMING ME OF HIS DECISION AFTER AN INITIAL, PARTIAL PRESCRIPTION FOR TRAMADOL, AFTER IN-CLINIC X-RAY AND DIAGNOSIS OF FRACTURE OF L1 AND L2 VERTEBRAL DISCS, WHICH HAD BEEN UNTREATED BUT FOR INITIAL OLOL ER--WHERE HAVING BEEN SEEN BY A RESIDENT WHOSE DECISION NOT TO ORDER AN X-RAY WOULD BE VOLUBLY PROTESTED, AND FINALLY LEAD TO THE AGONIZING WEEK OF HIS FAILURE TO TREAT--FUNNY, WHEN YOU KNOW THAT I ARRIVED BY AMBULANCE, UNABLE TO STAND, ON A GURNEY--SUBSEQUENTLY DISCHARGED BY THE INEPT RESIDENT WITH NO APPARENT SUPERVISION THIS DAY, WITH A PRESCRIPTION FOR acetaminophen 800--WHICH SAW ME SUFFER AS I LAY IN BED FOR THE NEXT WEEK, UNTIL THE PAIN WAS SO SEVERE, THAT I RETURNED (SOMETHING I THINK, FMOLHS IS KNOWN FOR), WHERE AFTER RELATING THE COMPLETE DERELICTION OF PROPER EXAMINATION OR CARE, THE ATTENDING ER DOCTOR, UPON CHECKING MY CHART, ORDERED IMMEDIATE X-RAY AND IV PAIN MEDICATION, APOLOGIZED, AFTER DELIVERING X-RAY RESULT OF COMPLETE FRACTURE OF L1 AND L2--SENDING ME HOME WITH PRESCRIPTION OF ANALGESIC --
CURRENT DOCTOR ROBINSON, NOT ONLY REFUSING TO PRESCRIBE ANY OF THE SAME MEDICATION AS I HAD JUST RECEIVED IN THE ER RUN BY THE SAME INSTITUTION AS WAS HIS PHYSICIAN GROUP CLINIC, BUT INSTEAD, AFTER RELENTING ON FIRST VISIT TO PRESCRIBE TRAMADOL, ON FOLLOW-UP CHANGING HIS MIND.
SAYING ABOUT TRAMADOL: HE WAS SORRY HE COULDN'T CONTINUE TO PRESCRIBE NARCOTIC ANALGESIC SCHEDULED PAIN MEDICINE--BUT, HE CONTINUED PLAINLY: HE WAS AFRAID OF GETTING IN TROUBLE WITH THE DEA (FOR INTRACTABLE, INTOLERABLE PAIN), ERRING ON THE SIDE OF APPREHENSION AND INCOMPETENCE TO TREAT A PERSONALLY DIAGNOSED PATIENT (HE IS A SPORTS DOCTOR), WITH PAIN PROTOCOL--HE WOULD ALLOW HIMSELF TO WRITE ONLY ONE PRESCRIPTION FOR TRAMADOL--THEN, HE WOULD NOT CONTINUE TO PRESCRIBE EVEN TRAMADOL, INFORMING ME:
I SHOULD LOOK FOR A PAIN CLINIC AS SOON AS I COULD (HE ALSO REFUSED TO REFER A PAIN MANAGEMENT PHYSICIAN), WHICH SAW ME LEAVE HIS OFFICE WITH NO TREATMENT, BUT TWO REFERRALS FOR TREATMENT IF I COULD FIND AND MAKE APPOINTMENTS WITH UNKNOWN PHYSICIANS (CARDIOLOGIST FOR CELLULITIS, PAIN MANAGEMENT FOR L1, L2), COMPLETELY UP TO ME (PRESUMABLY, HE HOPED THEY WOULD DO HIS JOB, WHICH HE WAS NOW PASSING DOWN THE LINE IN ABROGATION OF MEDICAL ETHICS AND MEDICAID CMS POLICIES)--AND GOOD LUCK--SO GREAT WAS HIS APPREHENSION AT PERFORMING WITH COMPETENCE HIS JOB, HE THEN LITERALLY JUMPED UP FROM HIS CHAIR IN IMMEDIATE ESCAPE--NEVER TO BE SEEN OR HEARD FROM BY ME AGAIN.
REASONS TO REASSESS PATIENT TERMINATION
EXCEPT AS LAST RESORT
COVID-19 PANDEMIC UPDATE POLICY FOR FEDERAL HEALTHCARE PROVIDERS AND INSTITUTIONS WHO RECEIVE REIMBURSEMENT THROUGH US GOV AFFORDABLE CARE / CMS MEDICAID INSURANCE BEST PRACTICE
REGARDING TERMINATION OF PATIENT FROM PRACTICE: DURING PANDEMIC, SHORTAGE OF DOCTORS, ALLOWANCE SHOULD BE CONSIDERED FOR PLACEMENT WITH ANOTHER DOCTOR OF ASSOCIATED PRACTICE FOR CONTINUITY OF CARE.
ALLOWANCE FOR TELEVISIT APPOINTMENTS
PROVIDING AT-RISK PATIENTS WITH RELAXED PRESCRIPTIONS
MAJORITY OF THOSE PHYSICIANS WHO, HAD THEY HAD TO DISMISS ONE OF THEIR PATIENTS FROM THEIR PRACTICE BEFORE THE PANDEMIC BEGAN (1 OF 4 PHYSICIANS POLLED HAD MADE LAST RESORT DECISION, AFTER TALKING TO PATIENT ABOUT PROBLEM, MEDIATION, FINALLY, UPON PATIENT REFUSING TO MODIFY BEHAVIOR, WHETHER NON-PAYMENT OR MORE SPECIFIC ABUSIVE, VIOLENT OUTBURST, OR THREAT OF VIOLENCE ... WHATEVER REASON--ONE TIME IN THEIR CAREER
pharma access of diagnosed and prescribed continuity, SEE AMA APA Physician's Code of Medical Ethics, termination of patient from doctor, entire clinic practice; depriving patient communication before / after notice by office manager, refusal to provide explanation 5-year medical treatment by Lake Physician's Group Outpatient Clinic, Associate Physician Mark Zielinski, M.D., FMOLHS OLOL Physician Group O'Donovan, Baton Rouge, LA
Assistant Professor, LSU-NO Baton Rouge, Health Science, Resident Program Supervisor
70808 (225) 765-5500
Monday - Friday: 7:00 AM - 12:00 AM
Saturday and Sunday: 8:00 AM - 12:00 AM
Assistant Professor, LSU-NO Baton Rouge, Health Science, Resident Program Supervisor
70808 (225) 765-5500 Monday - Friday: 7:00 AM - 12:00 AM Saturday and Sunday: 8:00 AM - 12:00 AM
this is John PaulSongs With the Mascari
Our Lady of the Lake
TO SCHEDULE VISIT 225-765-5500 on-line MyChart In-Person Video visits performed by board-certified #fmolhs Franciscan Missionaries of Our Lady Health System providers. schedule appointment new (225) 765-5500 *existing patient
*unless, like me, you are being denied consumer services through, but not limited to:
1. Administrative locking of patient records (made inaccessible to all operators, patient, administrative personnel, rendering no access or information, and notations.
2. Universal FMOLHS OLOL-RMC No Contact Order Notation and Legal Counsel Directive, per Ms. Bollinger, Mr. Vrath MD. Denying any and all Services offered and prohibiting inquiries and Emergency medical attention from General Physician, and all Executive Directors and their representatives.
3. Illegally Removed Patient Access to non-FMOLHS, non-OLOL, non-Physician Group, Online Patient Account (MyChart is a third-party website).
Removing critical medical record access HIPPA-protected Medical Information Treatment, Timeline for Entire Provider History, Pharmaceutical, Archive (preventing patient from providing information to any medical provider as to specific medications, treatment, test results, Physician names).
AND PREVENTING ACCESS IN COMBINATION WITH BAN ON CONTACT EMPLOYEES, EXECUTIVES, PHYSICIANS, NURSES, OR ADMINISTRATIVE AGENTS--INCLUDING, RESTRICTING RIGHT TO DUE PROCESS AND APPEAL
Abandonment of Treatment through Retaliative Termination, Malfeasance, precluding visit, denying referral for continuity of care during reduction of healthcare services, failing to provide basic 30-day prescriptions for medications.
Zielinski cherrypicked 1 medication, which he later refilled--once--medication prohibited of immediate cessation; side-effects described as severe
agitation, sleep deprivation, anxiety, and seizures from withdrawals--a
medication he prescribed, which had previously been
prescribed by other physicians at Tulane, Cleveland Clinic, and Las Vegas Medical Center Primary Care providers, now withheld in further retaliation during continuing PHE, this January 2022--egregious and gross violation June of 2021-- CMS proclamation actuated for all Medicaid beneficiaries, March, 2020 -- malfeasance meeting standard of malpractice by State Medical Examiners responsible for Licensure.
Deactivation of Personal Patient Medical Account, against State, Federal CMS, AMA, HHS;
Manipulation of Protected Confidential, Private Account (MyChart), further hindering Patient Request of Access to Due Process and Appeal, as well as Institutional Denial of Grievance, and report of malicious retaliation through all, but not limited, fraudulent charges
RETALIATORY PATIENT ABANDONMENT (THROUGH FRAUDULENT FALSE REPORT)
SEVERING OF PATIENT/PHYSICIAN/CLINIC JUNE 2, 2021
FMOLHS REFUSAL TO COMMUNICATE by TELEPHONE, ELECTRONIC MAIL, OFFICIAL SOCIAL MEDIA ACCOUNTS
dis-enrolled,
2.5.1.9 The Contractor shall provide a mechanism to reduce inappropriate and duplicative use of healthcare services, including but not limited to potentially preventable hospital emergency departments visits and inpatient readmissions
PART 2: CONTRACTOR RESPONSIBILITIES
Compliance
2.1.1 The Contractor shall comply, to the satisfaction of LDH, with: (1) all requirements set forth
in this Contract; (2) all provisions of state and federal laws, regulations, rules, the State Plan,
and waivers applicable to managed care; and (3) the MCO Manual.
2.1.2 The Contractor shall comply with federal statutes and regulations governing managed care, including, but not limited to, all applicable provisions of
42 U.S.C. § 1396u-2 and 42 C.F.R. Part 438 during the term of this Contract. 2.1.3 The Contractor shall cooperate with LDH, CMS, the External Quality Review Organization, the University of Louisiana at Monroe’s Office of Outcomes Research and Evaluation, and any other LDH contractors related to the evaluation and monitoring of this Contract, the Contractor, or the Louisiana Medicaid managed care program.
2.1.4 Neither the Contractor nor any material subcontractor shall, for the duration of the Contract, have any interest that will conflict, as determined by LDH, with the performance of services under the Contract, or that may be otherwise anti-competitive. Without limiting the generality of the foregoing, LDH requires that neither the Contractor nor any material subcontractor have any financial, legal, contractual or other business interest in any entity performing MCO enrollment functions for LDH, the enrollment broker and subcontractor(s), if any.
2.1.5 The Contractor shall comply with all court-ordered requirements, including but not limited
to, United States v. State of Louisiana (DOJ Agreement- Case-3:18-cv-00608) and Chisholm
v. Gee (Case 2:97-cv-03274) in the manner determined by LDH.
2.1.6 The Contractor shall establish and maintain interdepartmental structures and processes to support the operation and management of this Contract in a manner that fosters integration of physical and behavioral health service provision. The provision of all services shall be based on prevailing clinical knowledge and the study of data on the efficacy of treatment, when such data is available. 2.1.7 The Contractor shall notify LDH in writing when there has been a significant change in its operations. The written notification shall include the details of the change and an assurance that it will not impact the ability of the Contractor to comply with the requirements of this Contract. 2.1.8 The Contractor shall comply with all of the reporting requirements established by this Contract and in accordance with the MCO Manual.
The Chief Executive Officer (CEO) shall provide overall direction for this Contract, develop strategies, formulate policies, and oversee operations to ensure goals are met. The CEO shall be a full-time position (minimum forty (40) hours weekly) based in Louisiana. The CEO shall serve exclusively in this position and may not function in an executive capacity for another insurance product. The CEO shall be the primary contact for LDH regarding all issues and shall coordinate with other key personnel to fulfill the requirements of the Contract. The CEO shall attend all CEO designated meetings in person. 2.3.3.2 The Chief Operating Officer (COO) shall manage day-to-day operations of multiple levels of staff and multiple functions/departments across the MCO to meet the performance requirements of the Contract. The COO shall be accountable to the CEO for operational results and may be designated to serve as the primary point-of- contact for all MCO operational issues. The COO shall be a full-time position (minimum forty (40) hours weekly) based in Louisiana. The COO may not function in an executive capacity for another insurance product. The COO shall attend meetings in person, when requested. 2.3.3.3 The Medical Director/Chief Medical Officer (CMO) shall be a physician with a current, unencumbered license through the Louisiana State Board of Medical Examiners. The Medical Director shall have at least three (3) years of training in a medical specialty and five (5) years of experience post-training providing clinical services. The physician shall have achieved board certification in his or her specialty. The Medical Director shall be located in Louisiana and shall be involved in all major clinical and quality management components of the MCO’s activities. The Medical Director shall be devoted full-time (minimum forty (40) hours weekly) to the Contractor’s operations and shall be responsible for ensuring timely medical decisions, including after-hours consultation, as needed. During periods when the Medical Director is not available, the Contractor shall have physician staff available to provide competent medical direction. The Medical Director shall serve exclusively in this position and may not function in an executive capacity for another insurance product. The Medical Director shall be responsible for: 2.3.3.3.1 Development, implementation and medical interpretation of clinical policies and procedures, including, but not limited to, service authorization, claims review, discharge planning, credentialing and referral management, Page 50 of 347 utilization management and medical review included in the MCO Grievance System; 2.3.3.3.2 Administration of all medical management activities of the MCO; 2.3.3.3.3 Coordinating with the Behavioral Health Medical Director to integrate the 2.3.3.3.4 Serving as member of and participating in every meeting of the Medicaid Quality Committee in person. The Medical Director may designate a representative with a working understanding of the clinical and quality issues impacting Medicaid; and 2.3.3.3.5 Serving as the chairman of the Utilization Management committee and chairman or co-chairman of the Quality Assessment and Performance Improvement committee. 2.3.3.4 The Behavioral Health Medical Director shall be a physician with a current, unencumbered Louisiana-license as a physician, board-certified in psychiatry with at least three (3) years of training in a medical specialty. The Behavioral Health Medical Director shall be devoted full-time (minimum forty (40) hours weekly) to the Contractor’s operations to ensure timely medical decisions, including after-hours consultation, as needed. During periods when the Behavioral Health Medical Director is not available, the Contractor shall have physician staff available to provide competent medical direction. The Behavioral Health Medical Director shall serve exclusively in this position and may not also function in an executive capacity for another insurance product. The Behavioral Health Medical Director shall share responsibility for the management of the behavioral health services delivery system with the Behavioral Health Coordinator, and shall be actively involved in all major clinical and quality management components of the behavioral health services of the MCO. The Behavioral Health Medical Director shall meet regularly with the Medical Director. The Behavioral Health Medical Director’s responsibilities shall include, but not be limited to, the following: 2.3.3.4.1 Oversee, monitor, and assist with the management of psychopharmacology pharmacy benefits manager (PBM) activities, including the establishment of prior authorization, clinical appropriateness of use, and step therapy requirements for the use of stimulants and antipsychotics for all enrollees under age 18; 2.3.3.4.2 Provide clinical case management consultations and clinical guidance for contracted primary care physicians (PCPs) treating behavioral health-related concerns not requiring referral to behavioral health specialists; 2.3.3.4.3 Develop comprehensive care programs for the management of youth and adult behavioral health concerns typically treated by PCPs, such as ADHD and depression; Page 51 of 347 2.3.3.4.4 Develop targeted education and training for MCO PCPs to screen for mental health and substance use disorders using evidence-based tools (e.g., AUDIT- C, PHQ-9 and GAD-7), perform diagnostic assessments, provide counseling and prescribe pharmacotherapy when indicated, and build collaborative care models in their practices; 2.3.3.4.5 Coordinate with the Medical Director to integrate the administration and management of behavioral and physical health services; 2.3.3.4.6 Oversee, monitor and assist with effective implementation of the Quality Management (QM) program; and 2.3.3.4.7 Work closely with the Utilization Management (UM) of services and associated appeals related to children and youth and adults with mental illness and/or substance use disorders (SUD). 2.3.3.5 The Chief Financial Officer (CFO) shall oversee the budget, accounting systems, financial reporting, and all audit activities implemented by the Contractor. The CFO shall be a full-time position (minimum forty (40) hours weekly) based in Louisiana and may not function in an executive capacity for another insurance product. He or she shall attend meetings in person, when requested. 2.3.3.6 The Pharmacy Director shall be located and licensed in Louisiana, with at least five (5) years’ experience as a pharmacist practicing in a retail setting with managerial experience. The Pharmacy Director shall serve full-time (minimum forty (40) hours weekly) and may not function in this capacity for another insurance product. He or she shall attend meetings in person, when requested. 2.3.3.7 The Contract Compliance Officer shall serve as the primary point of contact for all communications and requests related to this Contract, including but not limited to, all compliance issues. The incumbent shall manage the connection of MCO personnel to LDH business owners, and shall develop and implement written policies, procedures, and standards to ensure compliance with the requirements of this Contract. These primary functions may include, but are not limited to, coordinating the tracking and submission of all Contract deliverables, fielding and coordinating responses to LDH inquiries, coordinating the preparation and execution of Contract documents, audits and ad hoc visits. This position shall report directly to the CEO and board of directors in accordance with 42 C.F.R. §438.608(a)(1)(ii). 2.3.4 Additional Required Staff 2.3.4.1 The Contractor shall have sufficient number of qualified staff with sufficient experience and expertise to meet both physical health services and behavioral health services responsibilities, and shall provide dedicated staff where necessary to meet this obligation including all required timeframes and geographic coverage outlined in this Contract. 2.3.4.2 The Contractor shall comply with additional staffing requirements included in the MCO Manual. Mental Health Parity 2.3.11.1 The Contractor shall comply with the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, which requires parity between mental health or substance use disorder benefits and medical/surgical benefits with respect to financial requirements and treatment limitations. The Contractor shall comply with all requirements set forth in 42 C.F.R. Part 438 Subpart K, for all Medicaid managed care enrollees. § 438.900 Meaning of terms. FQHC FQHC means Federally qualified health center. CMS CMS stands for Centers for Medicare & Medicaid Services, formerly the Health Care Financing Administration (HCFA). For purposes of this subpart, except where the context clearly indicates otherwise, the following terms have the meanings indicated: Aggregate lifetime dollar limit means a dollar limitation on the total amount of specified benefits that may be paid under a MCO, PIHP, or PAHP. Annual dollar limit means a dollar limitation on the total amount of specified benefits that may be paid in a 12-month period under a MCO, PIHP, or PAHP. Cumulative financial requirements are financial requirements that determine whether or to what extent benefits are provided based on accumulated amounts and include deductibles and out-of-pocket maximums. (However, cumulative financial requirements do not include aggregate lifetime or annual dollar limits because these two terms are excluded from the meaning of financial requirements.) Early and Periodic Screening, Diagnostic and Treatment (EPSDT) benefits are benefits defined in section 1905(r) of the Act. Financial requirements include deductibles, copayments, coinsurance, or out-of-pocket maximums. Financial requirements do not include aggregate lifetime or annual dollar limits. Medical/surgical benefits means benefits for items or services for medical conditions or surgical procedures, as defined by the State and in accordance with applicable Federal and State law, but do not include mental health or substance use disorder benefits. Any condition defined by the State as being or as not being a medical/surgical condition must be defined to be consistent with generally recognized independent standards of current medical practice (for example, the most current version of the International Classification of Diseases (ICD) or State guidelines). Medical/surgical benefits include long term care services. Mental health benefits means benefits for items or services for mental health conditions, as defined by the State and in accordance with applicable Federal and State law. Any condition defined by the State as being or as not being a mental health condition must be defined to be consistent with generally recognized independent standards of current medical practice (for example, the most current version of the Diagnostic and Statistical Manual of Mental Disorders (DSM), the most current version of the ICD, or State guidelines). Mental health benefits include long term care services. Substance use disorder benefits means benefits for items or services for substance use disorders, as defined by the State and in accordance with applicable Federal and State law. Any disorder defined by the State as being or as not being a substance use disorder must be defined to be consistent with generally recognized independent standards of current medical practice (for example, the most current version of the DSM, the most current version of the ICD, or State guidelines). Substance use disorder benefits include long term care services. Treatment limitations include limits on benefits based on the frequency of treatment, number of visits, days of coverage, days in a waiting period, or other similar limits on the scope or duration of treatment. Treatment limitations include both quantitative treatment limitations, which are expressed numerically (such as 50 outpatient visits per year), and nonquantitative treatment limitations, which otherwise limit the scope or duration of benefits for treatment under a plan or coverage. (See § 438.910(d)(2) for an illustrative list of nonquantitative treatment limitations.) A permanent exclusion of all benefits for a particular condition or disorder, however, is not a treatment limitation for purposes of this definition.
2.3.11.1.1 The Contractor must comply with parity requirements for aggregate lifetime
or annual dollar limits on mental health or substance use disorder benefits,
including prescription drugs as specified in 42 C.F.R. §438.905.
2.3.11.1.2 All financial requirements or treatment limitations, including nonquantitative
treatment limitations (NQTL), to mental health or substance use disorder
benefits shall not be more restrictive than the predominant financial
requirement or treatment limitation applied to substantially all
medical/surgical benefits, in accordance with 42 C.F.R. §438.910. Financial
requirements cannot accumulate separately for medical/surgical benefits
and mental health/SUD benefits.
2.3.11.2 The Contractor shall develop and maintain internal controls to ensure mental health
parity. The Contractor’s utilization practices such as prior authorization, standards for
medical necessity determination, and network policy, procedures, and practices shall
comply with the federal regulations referenced above.
2.3.11.2.1 The Contractor shall conduct an initial parity analysis as part of its readiness
review process and at other times as directed by LDH, based on benefit
classifications for parity as defined by LDH. If an enrollee is provided mental
health or substance use disorder benefits in any classification of benefits,
mental health and substance use disorder benefits must be provided to the
enrollee in every classification in which medical/surgical benefits are
provided.
2.3.11.2.2 The Contractor shall cover, in addition to State Plan required services, any
service necessary for compliance with the requirements for parity in mental
health and substance use disorder benefits based on parity analysis. As
directed by LDH as part of ongoing parity review, the Contractor may be
required to cover or change services necessary for compliance including type
and amount, duration and scope of services and change policy or operational
procedures in order to achieve and maintain compliance with parity
requirements. Page 60 of 347
2.3.11.2.3 The Contractor shall ensure enrollees receive a notice of adverse benefit
determination per 42 C.F.R. §438.915(b) and other sections of this Contract
which extend notice requirements beyond denials. The Contractor shall make
available in hard copy upon request at no cost to the requestor and available
on the Contractor’s website, the criteria for medical necessity determinations
for mental health and substance use disorder benefits to any enrollee,
potential enrollee or provider per 42 C.F.R. §438.236(c) and 438.915(a).
2.3.11.3 The Contractor shall require that all providers and all subcontractors take such actions
as are necessary to ensure compliance with mental health parity requirements. To
the extent that the Contractor delegates oversight responsibilities for behavioral
health services to a material subcontractor, the Contractor shall require that the
material subcontractor complies with provisions of this Contract relating to mental
health parity. The compliance and review shall be in conjunction with parity analysis
on the medical/surgical benefit administration. The Contractor shall require mental
health parity disclosure on provider enrollment forms as mandated by LDH.
2.3.11.3.1 If at any time the State moves to a single delivery system and any remaining
benefits from FFS are completely provided through managed care, it shall be
the responsibility of the Contractor to review mental health and substance
user disorder and medical/surgical benefits and conduct the complete parity
analysis to ensure the full scope of services available to all enrollees of the
Contractor complies with the requirements set forth in 42 C.F.R. Part 438,
Subpart K. The Contractor shall be required to provide documentation to the
State and public.
2.3.11.4 The Contractor shall provide LDH and its designees, which may include auditors and
inspectors, with access to Contractor service locations, facilities, or installations,
including any and all records and files produced, electronic and hardcopy. Access
described in this section shall be for the purpose of examining, auditing, or
investigating mental health parity.
2.3.11.5 The Contractor shall comply with all other applicable state and federal laws and
regulations relating to mental health parity.
2.4.12.1.3 The Contractor shall not discriminate against enrollees on the basis of their
health history, health status, need for health care services or adverse change
in health status; or on the basis of age, religious belief, sex, gender, sexual
orientation, gender identity, or disability. Further, the Contractor shall not
use any policy or practice that has the effect of discriminating on the basis of
age, religious belief, race, color, national origin, sex, sexual orientation,
gender identity, or disability. This applies to enrollment, re-enrollment or
disenrollment from the MCO. The Contractor shall be subject to monetary
penalties and other sanctions if it is determined by LDH that the MCO has
requested disenrollment for any of these prohibited reasons.
2.4.12.1.4 The Contractor shall comply with all federal and state statutes and rules
governing direct reimbursement to Medicaid enrollees for payments made
by them for medical services and supplies delivered during a period of
retroactive eligibility.
2.4.13.3 Involuntary Disenrollment Requested by the MCO
2.4.13.3.1 The Contractor may request involuntary disenrollment of an enrollee if the
enrollee’s utilization of services constitutes fraud, waste, and/or abuse such
as misusing or loaning the enrollee’s MCO-issued ID card to another person
to obtain services. In such case the Contractor shall report the event to LDH
and MFCU.
2.4.13.3.2 The Contractor shall submit disenrollment requests to the enrollment broker,
in a format and manner to be determined by LDH.
2.4.13.3.3 The Contractor shall ensure that involuntary disenrollment documents are
maintained in an identifiable enrollee record.
2.4.13.3.4 The Contractor shall not request disenrollment because of an adverse change
in physical or mental health status or because of the enrollee’s health
diagnosis, utilization of medical services, diminished mental capacity, pre-
existing medical condition, refusal of medical care or diagnostic testing,
attempt to exercise his/her rights under the Contractor’s grievance system,
or attempt to exercise her/her right to change, for cause, the primary care
provider that he/she has chosen or been assigned. Further, the Contractor
shall not request disenrollment because of an enrollee’s uncooperative or
disruptive behavior resulting from his or her special needs, except when his
or her continued enrollment seriously impairs the Contractor’s ability to
furnish services to either this particular enrollee or other enrollees. [42 C.F.R.
§438.56(b)(2)]
2.4.13.3.5 The Contractor shall not request disenrollment for reasons other than those
stated in this Contract. In accordance with 42 C.F.R. §438.56(b)(3), LDH shall
ensure that the Contractor is not requesting disenrollment for other reasons
by reviewing and rendering decisions on all Disenrollment Request Forms
submitted to the enrollment broker.
2.4.13.3.6 All disenrollment requests shall be reviewed on a case-by-case basis and are
subject to the sole discretion of LDH or its designee (enrollment broker). All
decisions are final and not subject to the dispute resolution process by the
Contractor.
2.4.13.3.7 When the Contractor’s request for involuntary disenrollment is approved by
LDH, the Contractor shall notify the enrollee in writing of the requested
disenrollment. The notice shall include: Page 72 of 347
2.4.13.3.7.1 The reason for the disenrollment;
2.4.13.3.7.2 The effective date;
2.4.13.3.7.3 An instruction that the enrollee choose a new MCO; and
2.4.13.3.7.4 A statement that if the enrollee disagrees with the decision to
disenroll, the enrollee has a right to submit a request for a State Fair
Hearing.
2.4.13.3.8 Until the enrollee is disenrolled by the enrollment broker, the Contractor shall
continue to be responsible for the provision of all MCO covered services to
the enrollee.
2.4.13.4 Disenrollment Effective Date
2.4.13.4.1 The effective date of disenrollment shall be no later than the first day of the
second month following the calendar month the request for disenrollment is
filed.
2.4.13.4.2 If LDH or its designee fails to make a disenrollment determination by the first
day of the second month following the month in which the request for
disenrollment is filed, the disenrollment is deemed approved.
2.4.13.4.3 LDH, the Contractor, and the enrollment broker shall reconcile
enrollment/disenrollment issues at the end of each month utilizing an agreed
upon procedure.
2.4.14 Enrollment and Disenrollment Updates
2.4.14.1 LDH’s enrollment broker shall notify each MCO at specified times each month of the
Medicaid beneficiaries that are enrolled, re-enrolled, or disenrolled from their MCO
for the following month. The MCO shall receive this notification through the ASC X12N
834 Benefit Enrollment and Maintenance electronic transaction, or in instances of
corrections to closed segments, the MCO shall receive this notification through a
manual correction processing file.
2.4.14.2 LDH shall use its best efforts to ensure that the Contractor receives timely and
accurate enrollment and disenrollment information. In the event of discrepancies or
irreconcilable differences between LDH and the Contractor regarding enrollment,
disenrollment and/or termination, LDH’s decision is final.
2.4.15 Updates
The enrollment broker shall make available to the Contractor daily via electronic media (ASC
X12N 834 Benefit Enrollment and Maintenance transaction) updates on beneficiaries newly
enrolled into the MCO in the format specified in the MCO Manual. The Contractor shall
have written policies and procedures for receiving these updates, incorporating them into Page 73 of 347
its management information system and ensuring this information is available to their
providers. Policies and procedures shall be available during readiness reviews.
In instances of corrections or updates to closed segments, the Contractor shall receive data
through a weekly manual correction processing file.
2.4.16 Reconciliation
2.4.16.1 Enrollment
The Contractor is responsible for monthly and quarterly reconciliation of the
membership list of enrollments and disenrollments received from the enrollment
broker against its internal records. The Contractor shall provide written notification
to the enrollment broker of any data inconsistencies within ten (10) calendar days of
receipt of the monthly and quarterly reconciliation data file.
The State, including LDH, Louisiana Office of the Attorney General Medicaid Fraud
Control Unit (MFCU), and the Louisiana Legislative Auditor (LLA), and the federal
government, including, CMS, HHS Inspector General, and the General Accounting
Office
or their designees, have the right to audit, evaluate, and inspect any records
or systems that pertain to any activities performed or amounts payable under this
Contract at any time.
2.3.7.5.1 This right exists for ten (10) years from the termination of this Contract for
the Contractor and any material subcontractors or from the date of
completion of any audit, whichever is later; provided, however that if any of
the entities above determine that there is a reasonable possibility of fraud or
similar risk, they may audit, evaluate, and inspect at any time;
2.3.7.5.2 The Contractor and any material subcontractors shall make their premises,
facilities, equipment, records, and systems available for the purposes of any
audit, evaluation, or inspection described immediately above;
2.3.7.5.3 The Contractor and any material subcontractors shall retain, as applicable,
enrollee grievance and appeal records in 42 C.F.R. §438.416, base data in 42
C.F.R. §438.5(c), MLR reports in 42 C.F.R. §438.8(k), and the data,
information, and documentation specified in 42 C.F.R. §438.604, 438.606,
438.608, and 438.610 for a period of no less than ten (10) years; and
2.3.7.5.4 The Contractor shall monitor any material subcontractor’s performance on
an ongoing basis and perform a formal review annually. At a minimum, the
annual review shall include any performance concerns identified by LDH. If
any deficiencies or areas for improvement are identified, the Contractor shall
require the material subcontractor to take corrective action. The Contractor
shall provide LDH with a copy of the annual review and any corrective action
plans developed as a result. If there are corrective active plans put in place,
the Contractor shall provide ongoing updates to LDH on the material
subcontractor’s activities to improve the performance pursuant to the
corrective action plan.
2.3.7.6 Upon notifying any material subcontractor, or upon being notified by such material
subcontractor, of the intention to terminate such subcontract, the Contractor shall
notify LDH in writing no later than the same day as such notification, and shall
otherwise support any necessary enrollee transition or related activities as described
in the Continuity of Care section and elsewhere in this Contract.
2.3.7.7 The Contractor shall require that all Material Subcontracts stipulate that Louisiana
law, without regard to its conflict of laws provisions, will prevail if there is a conflict
between the state law where the material subcontractor is based and Louisiana law.
2.3.7.8 Notwithstanding any relationship the Contractor may have with a subcontractor,
including material subcontractors, the Contractor shall maintain ultimate
responsibility for adhering to and otherwise fully complying with all terms and
conditions of this Contract. No subcontractor will operate to relieve the Contractor of
its legal responsibilities under the Contract.
Population Health and Social Determinants of Health
The Contractor shall utilize a defined population health approach aligned with the Louisiana
Medicaid Managed Care Quality Strategy. A population health approach seeks to maintain and
improve the health status of the entire population through prevention, while systematically
identifying subpopulations with complex needs and implementing strategies to improve status and
reduce health inequities among subpopulations.
The Contractor’s population health approach shall engage enrollees across the entire care
continuum, promote and incentivize healthy behaviors and disease self-management, address
priority social determinants of health (SDOH), which include housing, food insecurity, physical
safety, and transportation, integrate care management, and advance evidence-based practices. As
part of the population health approach, the Contractor shall evaluate the entire enrollee
population, make prevention and wellness programs available to all enrollees, and identify specific
enrollees for specific programs based on health needs assessments, data analysis and risk
stratification, enrollee self-referral, and provider referral.
The Contractor’s population health approach shall be data-driven and built on an understanding
of social, economic, familial, cultural, and physical environmental factors and how these relate to
the distribution of health conditions, health-related behaviors, and health outcomes among
different geographic locations and enrollee groups (e.g., socioeconomic, racial/ethnic, or age) in
Louisiana. Page 80 of 347
2.6.1 Population Health Strategic Plan
2.6.1.1 The Contractor shall develop a Population Health Strategic Plan aligned with the
Louisiana Medicaid Managed Care Quality Strategy and submit it to LDH by March 1,
2020. LDH's selected population health priorities as defined in the Louisiana Medicaid
Managed Care Quality Strategy, include:
2.6.1.1.1 Reduction of key communicable diseases: HIV, HCV, and syphilis;
2.6.1.1.2 Infant mortality;
2.6.1.1.3 Maternal mortality and morbidity;
2.6.1.1.4 Opioid use disorders;
2.6.1.1.5 Obesity;
2.6.1.1.6 Diabetes;
2.6.1.1.7 Hypertension;
2.6.1.1.8 Cardiovascular disease;
2.6.1.1.9 Tobacco cessation;
2.6.1.1.10 Early childhood health and development, including adverse childhood
experiences; and
2.6.1.1.11 Additional prevention and population health management programs to
encourage improved health and wellness among enrollees.
2.6.1.2 The Population Health Strategic Plan shall include, at a minimum, the following
components:
2.6.1.2.1 Plan for identification of sub-populations within the enrollee population for
prevention and population health programs through several mechanisms,
which shall include, but not be limited to:
2.6.1.2.1.1 Health Needs Assessments;
2.6.1.2.1.2 Claims analysis and risk scoring;
2.6.1.2.1.3 Provider referral; and,
2.6.1.2.1.4 Enrollee self-referral.
2.6.1.2.2 Plan for measuring population health status and outcomes, including
identification of baseline measures and targets for health improvement
consistent with quality performance measures specified in Attachment G; Page 81 of 347
2.6.1.2.3 Identifying health promotion and disease prevention programs based on
specific needs of Louisiana’s enrollee population;
2.6.1.2.4 Identifying key determinants of disease management and priority health
outcomes and strategies for targeted interventions to address these
determinants;
2.6.1.2.5 Plan for incorporating community-based health and wellness strategies
through promotion of LDH public health programs and linkages and
collaborations with community-based agencies;
2.6.1.2.6 Plan for promoting enrollee engagement and input into population health
programming; and
2.6.1.2.7 Based on a review of existing community health needs assessments and
findings from different regions across the state, including but not limited to
those conducted by the Office of Public Health (OPH), a plan for how the
Contractor shall work with community-based organizations and/or OPH to
address at least one (1) specific initiative, regionally or statewide, to improve
the overall health of enrollees in the community and address discrete health
inequities and a description of how it will identify and measure the impact of
targeted interventions in addressing discrete health inequities experienced
by different subpopulations of enrollees.
2.6.1.3 The Contractor shall be responsible for implementing its Population Health Strategic
Plan, and shall provide updates to LDH on its implementation during regular
Contractor performance reviews and an annual report of its progress on meeting
Population Health Strategic Plan goals.26
2.8.4 Continuity of Care for Pharmacy Services
2.8.4.1 The Contractor shall submit for approval, a transition of care program that ensures
enrollees can continue treatment of maintenance medications for at least sixty (60)
calendar days after enrollment into the MCO or switching from one plan to another.
The Contractor shall continue any treatment of antidepressants and antipsychotics
for at least ninety (90) calendar days after enrollment into the Contractor’s plan.
Additionally, an enrollee that is, at the time of enrollment into the MCO, receiving a
prescription drug that is not on the PDL shall be permitted to continue to receive that
prescription drug if medically necessary for at least sixty (60) calendar days.
2.6.2.3.3.2 Enrollees experiencing a disparate level of social needs such as
housing, food insecurity, physical safety, and transportation ...
Complaint forms are available at http://www.hhs.gov/ocr/office/file/index.html.
Phone Directory
Franciscan Missionaries of Our Lady Health System
- Corporate Office: (225) 923-2701
- Patient Billing/Customer Service: (225) 765-8872
- Materials Management/Purchasing: (225) 526-4500
- Medical Records: (225) 765-6580
- IS (Information Services): (225) 526-5959
Below are links to the most commonly used phone numbers at each of the following: