LAC 50:I.105. Tribal Consultation Process

A. Pursuant to §1902(a)(73) and §2107(e)(I) of the Social Security Act, the Medicaid Program hereby establishes a process to seek advice on a regular, ongoing basis from designees of the state’s federally-recognized Indian tribal organizations and Indian health programs about Medicaid and Children’s Health Insurance Program matters that may have a direct impact on Indian health programs and tribal organizations. B. The department shall comply with the technical requirements for providing verification of the tribal consultation process to the U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS) when changes to the Medicaid Program are submitted through: 1. state plan amendments; 2. waivers, including: a. newly proposed submissions; b. amendments; c. extensions; d. renewals; and e. waiver terminations. C. In accordance with the approved Medicaid State Plan governing the tribal consultation process, the Medicaid Program will periodically provide a summary, which includes the changes being made by the Medicaid Program, to the federally-recognized Louisiana tribal organizations to initiate the tribal consultation process. 1. Tribal organizations will have 30 days to respond with any comments, unless the date for submission of the changes to CMS becomes critical and needs to be expedited. Expedited submissions will have a 7-day comment period. This notification and comment period applies to all State Plan and waiver submissions. 2. If comments are received, they will be forwarded to the state Medicaid director, or his/her designee, for further consideration. If no comments are received within the 30- or 7-day time frame, the Medicaid Program will make the assumption the tribes agree with the provisions in the proposed state plan and waiver documents and proceed accordingly. D. The tribal comment period must expire prior to the submission of state plan and waiver documents to CMS.