§21.3. Consensus estimating conferences; duties and principals

            A. Economic Estimating Conference.

            (1) Duties. The Economic Estimating Conference shall develop such official information with respect to the national and state economies as the conference determines is needed for the state planning and budgeting system. The basic long term forecasts which are a part of the official information shall be trend forecasts. The conference may include cycle forecasts as a part of its official information if the subject matter of the forecast warrants a cycle forecast and if such forecast is developed in a special impact session of the conference.

            (2) Principals. The principals of the conference are as follows:

            (a) A staff member from the office of the governor to be appointed by the governor.

            (b) A staff member from the division of administration to be appointed by the commissioner of administration.

            (c) A member of the professional staff of the legislature who shall have forecasting expertise to be appointed by the president of the Senate.

            (d) A member of the professional staff of the legislature who shall have forecasting expertise to be appointed by the speaker of the House of Representatives.

            (e) A faculty member from a public or private university or college in Louisiana who shall have forecasting expertise to be selected by the other four principals of the conference from a list of not less than three nor more than five nominees submitted by the Board of Regents after the board consults with the president of the Louisiana Association of Independent Colleges and Universities.

            (3) Principal to preside over meetings. At the initial meeting of the conference, the principals shall elect a principal to preside over the meetings of the conference. Thereafter, the responsibility for presiding over sessions of the conference shall rotate annually among the principals.

            B. Demographic Estimating Conference.

            (1) Duties. The Demographic Estimating Conference shall develop such official information with respect to the population of the nation and state by age, race, and sex as the conference determines is needed for the state planning and budgeting system.

            (2) Principals. The principals of the conference are as follows:

            (a) A staff member from the office of the governor to be appointed by the governor.

            (b) A staff member from the division of administration to be appointed by the commissioner of administration.

            (c) A member of the professional staff of the legislature who shall have forecasting expertise to be appointed by the president of the Senate.

            (d) A member of the professional staff of the legislature who shall have forecasting expertise to be appointed by the speaker of the House of Representatives.

            (e) A faculty member from a public or private university or college in Louisiana who shall have forecasting expertise to be selected by the other four principals of the conference from a list of not less than three nor more than five nominees submitted by the Board of Regents after the board consults with the president of the Louisiana Association of Independent Colleges and Universities.

            (3) Principal to preside over meetings. At the initial meeting of the conference, the principals shall elect a principal to preside over the meetings of the conference. Thereafter, the responsibility for presiding over sessions of the conference shall rotate annually among the principals.

            C. Education Estimating Conference.

            (1) Duties. The Education Estimating Conference shall develop such official information relating to the state public educational system, including forecasts of student enrollment and the availability of qualified teachers. The conference shall forward its forecast for student enrollment to the State Board of Elementary and Secondary Education and to each local school board at least forty-five days prior to adoption of the forecast. The State Board of Elementary and Secondary Education and the local school boards may request adjustments in the forecast and shall submit any request for adjustment to the Education Estimating Conference in writing within thirty days of the date of receipt of the forecast of student enrollment from the conference. The conference shall consider all requests for adjustment that are submitted in compliance with this Paragraph in adopting official information regarding student enrollment.

            (2) Principals. The principals of the conference are as follows:

            (a) A staff member from the office of the governor to be appointed by the governor.

            (b) A staff member from the division of administration to be appointed by the commissioner of administration.

            (c) A member of the professional staff of the legislature who shall have forecasting expertise to be appointed by the president of the Senate.

            (d) A member of the professional staff of the legislature who shall have forecasting expertise to be appointed by the speaker of the House of Representatives.

            (e) A member of the professional staff of the Department of Education who shall have forecasting expertise to be appointed by the State Board of Elementary and Secondary Education.

            (3) Principal to preside over meetings. The principal representing the office of the governor shall preside over sessions of the conference.

            D. Criminal and Juvenile Justice Estimating Conference.

            (1) Duties. The Criminal and Juvenile Justice Estimating Conference shall develop such official information relating to the criminal justice system and the juvenile justice system, including forecasts of prison and detention center population and supervised caseload, as the conference determines is needed for the state planning and budgeting system.

            (2) Principals. The principals of the conference are as follows:

            (a) A staff member from the office of the governor to be appointed by the governor.

            (b) A staff member from the division of administration to be appointed by the commissioner of administration.

            (c) A member of the professional staff of the legislature who shall have forecasting expertise to be appointed by the president of the Senate.

            (d) A member of the professional staff of the legislature who shall have forecasting expertise to be appointed by the speaker of the House of Representatives.

            (e) A member of the professional staff of the Department of Public Safety and Corrections who shall have forecasting expertise to be appointed by the secretary of the Department of Public Safety and Corrections.

            (f) A member of the professional staff of youth services of the Department of Public Safety and Corrections who shall have forecasting expertise, to be appointed by the deputy secretary for youth services of the Department of Public Safety and Corrections.

            (3) Principal to preside over meetings. The principal representing the office of the governor shall preside over sessions of the conference.

            E. Health and Social Services Estimating Conference.

            (1) Duties. The Health and Social Services Estimating Conference shall develop such official information relating to the health and social service system of the state, including forecasts of social and health service caseloads, excluding the Medicaid program, as the conference determines is needed for the state planning and budgeting system.

            (2) Principals. The principals of the Health and Social Services Estimating Conference are as follows:

            (a) The chairman of the Senate Committee on Health and Welfare, or his designee.

            (b) The chairman of the House Committee on Health and Welfare, or his designee.

            (c) The chairman of the Senate Committee on Finance, or his designee.

            (d) The chairman of the House Committee on Appropriations, or his designee.

            (e) The secretary of the Louisiana Department of Health, or his designee.

            (f) The secretary of the Department of Children and Family Services, or his designee.

            (g) A member of the professional staff of the office of the governor to be appointed by the governor.

            (h) A member of the professional staff of the division of administration to be appointed by the commissioner of administration.

            (i) A member of the professional staff of the legislature who shall have fiscal expertise to be appointed by the president of the Senate.

            (j) A member of the professional staff of the legislature who shall have fiscal expertise to be appointed by the speaker of the House of Representatives.

            (k) A member of the professional staff of the Louisiana Department of Health who shall have forecasting expertise to be appointed by the secretary of the Louisiana Department of Health.

            (l) A member of the professional staff of the Department of Children and Family Services who shall have forecasting expertise to be appointed by the secretary of the Department of Children and Family Services.

            (m) The legislative fiscal officer, or his designee who shall have healthcare experience.

            (n) A faculty member specializing in healthcare economics from a public or private university in the state, selected by the other principal members, from a list of as many as five, but not less than three names, submitted to them by the Board of Regents.

            (o) All professional staff members serving as principals shall collaborate with the appropriate departments to provide the data necessary for the conference, or subcommittee of the conference, to fulfill the duties specified in Paragraphs (1) and (4) of this Subsection.

            (3) Principals to preside over meetings. The chairmanship of the conference shall rotate annually among the four legislative committee chairmen serving as principals, in the following order:

            (a) The chairman of the Senate Committee on Finance.

            (b) The chairman of the House Committee on Appropriations.

            (c) The chairman of the Senate Committee on Health and Welfare.

            (d) The chairman of the House Committee on Health and Welfare.

            (4), (5) Repealed by Acts 2020, No. 347, §2, eff. June 12, 2020.

            F. Transportation Estimating Conference.

            (1) Duties. The Transportation Estimating Conference shall develop official information relating to transportation planning and budgeting as is determined by the conference principals to be needed for the state planning and budgeting system.

            (2) Principals. The principals of the Transportation Estimating Conference are as follows:

            (a) A member of the professional staff of the office of the governor to be appointed by the governor.

            (b) A member of the professional staff of the division of administration to be appointed by the commissioner of administration.

            (c) A member of the professional staff of the legislature who shall have forecasting expertise to be appointed by the president of the Senate.

            (d) A member of the professional staff of the legislature who shall have forecasting expertise to be appointed by the speaker of the House of Representatives.

            (e) A member of the professional staff of the Department of Transportation and Development who shall have forecasting expertise to be appointed by the secretary of the Department of Transportation and Development.

            (3) Principal to preside over meetings. The principal representing the office of the governor shall preside over sessions of the conference.

            G. Group Benefits Estimating Conference.

            (1) Duties. The Group Benefits Estimating Conference shall develop or gather official information relating to group health and life insurance planning, premium rates, and budgeting as is determined by the conference principals to be needed for the state planning and budgeting system.

            (2) Principals. The principals of the Group Benefits Estimating Conference are as follows:

            (a) A member of the professional staff of the office of the governor to be appointed by the governor.

            (b) A member of the professional staff of the division of administration to be appointed by the commissioner of administration.

            (c) A member of the professional staff of the legislature who shall have fiscal expertise to be appointed by the president of the Senate.

            (d) A member of the professional staff of the legislature who shall have fiscal experience to be appointed by the speaker of the House of Representatives.

            (e) A member of the professional staff of the Office of Group Benefits who shall have fiscal experience to be appointed by the commissioner of administration.

            (f) An individual with a minimum of five years professional experience or fiscal expertise in the industries of health insurance, actuarial services, financial services, or banking to be selected by the other principals from a list of no more than two names submitted by each of the following: the commissioner of insurance, the commissioner of financial institutions, and the legislative auditor.

            (3) Principal to preside over meetings. The principal representing the office of the governor shall preside over sessions of the conference.

            H. Medicaid Estimating Conference.

            (1) Duties. (a) The Medicaid Estimating Conference shall develop the official forecast of the Medicaid program for the purposes of budget development and enactment each fiscal year and development of the five-year baseline budget projection relative to the Medicaid program. All conference decisions to adopt the official forecast shall be by a favorable vote of two-thirds of the principals.

            (b) When developing the forecast, the conference shall consider the following factors:

            (i) The number of Medicaid enrollees, the demographics of the enrollees as it relates to programmatic costs, and the eligibility criteria under which these individuals are enrolling.

            (ii) The rate of utilization of services for the fee-for-service program and for the managed care program.

            (iii) The volume of member-months in the managed care program.

            (iv) The growth in the costs of medical goods and services for the fee-for-service program and for the managed care program.

            (v) The pharmaceutical rebate program.

            (vi) Provider reimbursement methodologies.

            (vii) The components contemplated by the actuaries in the development of the per-member-per-month premiums paid to the Medicaid managed care organizations.

            (viii) The supplemental payment programs, including but not limited to full-Medicaid pricing (FMP) payments, upper payment limit (UPL) payments, disproportionate share (DSH) payments, and payments pursuant to the Managed Care Incentive Program (MCIP).

            (ix) All payments pursuant to the LSU Public-Private Partnership agreements between the state and any partner hospital in effect at the time that the forecast is developed.

            (x) Any changes to the program that are required to be implemented under federal or state rule or law during the fiscal years included in the forecast and quantifiable at the time the forecast is developed.

            (xi) Any other aspect of the Medicaid program the conference considers pertinent to the development of its forecast.

            (2) Principals. The principals of the Medicaid Estimating Conference are as follows:

            (a) The president of the Senate, or his designee who may be a member of the Joint Legislative Committee on the Budget, including an interim member.

            (b) The speaker of the House of Representatives, or his designee who may be a member of the Joint Legislative Committee on the Budget, including an interim member.

            (c) The chairman of the Senate Committee on Finance, or his designee from the membership of the Committee on Finance.

            (d) The chairman of the House Committee on Appropriations, or his designee from the membership of the Committee on Appropriations.

            (e) The chairman of the Senate Committee on Health and Welfare, or his designee from the membership of the Committee on Health and Welfare.

            (f) The chairman of the House Committee on Health and Welfare, or his designee from the membership of the Committee on Health and Welfare.

            (g) The commissioner of administration, or his designee.

            (h) The secretary of the Louisiana Department of Health, or his designee.

            (i) A faculty member specializing in health care economics from a public or private university in the state, selected by the other principal members, from a list of as many as five, but not less than three names, submitted to them by the Board of Regents.

            (3) Participants. The participants to the Medicaid Estimating Conference that may provide information for the conference's consideration in developing its forecasts are as follows:

            (a) A member of the professional staff of the Louisiana Department of Health specializing in health care economics and possessing experience forecasting health care expenditures to be designated by the secretary of the Louisiana Department of Health.

            (b) A member of the professional staff of the legislative fiscal office specializing in health care economics and possessing experience forecasting health care expenditures to be designated by the legislative fiscal officer.

            (c) Members of the professional staff of the Senate, House of Representatives, legislative fiscal office, or division of administration with fiscal expertise on the Medicaid program.

            (d) Members of the professional staff of the Louisiana Department of Health with expertise on the administering, operating, or financing of the Medicaid program.

            (e) Any other person invited to participate in the conference by a principal.

            (4) Conference meetings.

            (a) Principal to preside over meetings. The chairmanship of the conference shall rotate biennially among the president of the Senate, or his designee, and the speaker of the House of Representatives, or his designee, beginning with the president of the Senate, or his designee.

            (b) Timing of meetings. The conference shall meet at least three times per fiscal year as to ensure that the forecast is utilized by the division of administration in the development of the budget, the legislature in the enactment of the budget, and the division of administration and the Joint Legislative Committee on the Budget in the determination of expenditures to include in the development of the five-year baseline budget projection relative to the Medicaid program.

            (c) Executive session. The conference may, upon approval by a majority of the principals in attendance, go into executive session to discuss records or matters entitled to confidential status by existing state or federal laws.

            (5) Conference staff. The president of the Senate shall designate a member of the professional staff of the Senate with fiscal expertise on the Medicaid program and the speaker of the House of Representatives shall designate a member of the professional staff of the House of Representatives with fiscal expertise on the Medicaid program to staff the conference.

            (6) Reports of the conference. The conference shall submit each adopted forecast to the Joint Legislative Committee on the Budget for its review. The chairman of the Joint Legislative Committee on the Budget shall place the presentation of the Medicaid forecast on the agenda for discussion at the next month's regular meeting following the submission by the conference.

            Acts 1990, No. 966, §2, eff. July 1, 1990; Acts 2004, No. 7, §3, eff. May 5, 2004; Acts 2004, No. 33, §3; Acts 2012, No. 251, §7A; Acts 2015, No. 146, §1, eff. Jan. 1, 2016; Acts 2016, No. 586, §1; Acts 2018, No. 651, §1, eff. June 1, 2018; Acts 2020, No. 347, §§1, 2, eff. June 12, 2020.